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Several workers' lawyers have told me that some employers and workers' compensation insurers in their cases are trying to misuse the New Mexico Workers' Compensation Act return to work provisions to their benefit and the detriment of the injured worker. I've been told that after a worker is inju...

The New Mexico Legislature is in session. At this time, there are no workers' compensation bills. I will update my blog if any workers' compensation bills are filed.

OSHA has fined Amazon for workplace safety violations injuring workers. OSHA found that Amazon workers suffered "high rates of musculoskeletal disorders" and are at a high risk for lower back injuries caused by lifting heavy packages for long periods of time. I represent injured workers from al...

The New Mexico Workers' Compensation Administration has one judge vacancy based on Judge Couture's resignation in November. Judge Bayless was not renewed. So, when she leaves in the next few months, there will be two. We have been told that trials in those case will not be scheduled until the va...

Many injured workers I speak with do not know that there is a section of the New Mexico Workers' Compensation Act that assists injured workers to return to work for the employer they were working with when they were injured on the job. It's Section 52-1-50.1 of Workers' Compensation Act. I wrote...

I speak with a lot of injured workers. A common misunderstanding among injured workers is that workers' compensation insurance does not cover home healthcare. However, if an injured worker meets the requirements of the New Mexico Workers' Compensation Act, workers' compensation insurance can co...

Often an injured worker cannot return to work to at the job they got hurt at. However, the injured worker may be able to do other jobs despite their injuries. The possible jobs must not violate any of the injured worker's restrictions from his or her doctors. If that is the case, an injured work...

The best way to avoid a work injury and a workers' compensation claim is to not have a work accident or be injured at work. Most of you are probably shaking your heads and thinking that's just common sense. Well, you're right. So, how do you avoid a work accident or being injured at work? Here...

2023 has arrived as we all knew it would. Here are some of my hopes for the 2023: My clients' cases will be resolved justly and quickly. Jobs in New Mexico will become safer so that there are less injured workers. Workers' rights will be expanded. There will be peace in the Ukraine and oth...

If you've been hurt by a person or a business' negligence, here are the top things you should do: If you need medical care, get it ASAP. Get the contact information for the person or business that hurt you. Get their insurance information if you can. If you have insurance that you think mig...

2022 with all of its challenges was still a great year for us. Thank you. To our clients we appreciate you and thank you for your patience. The legal system, especially the workers' compensation system, moves at its own pace. We know this is frustrating and are doing, and will continue doing, ev...

I am always trying to learn new things. Here are the top five things I learned in 2022 about the New Mexico Workers' Compensation system: The workers' compensation system in New Mexico works despite all of its problems. It is often too slow and unresponsive. But, it does work. Patience and per...

The New Mexico Workers' Compensation Act and the New Mexico Workers' Compensation Administration's rules require that the parties in a workers' compensation case attend a a mandatory mediation before the case can go into "formal litigation". Once a party files a complaint for workers' compensati...

When I first meet with prospective workers' compensation clients, I always ask if they had short term/long term disability insurance coverage when they got hurt at work. The answer is often "I don't know." I then encourage them to find out. And, I also tell them that if they discover they had sho...

When meeting with possible clients for the first time they often tell me the following (or some variation): "I'm not sue happy", or "I'm not here for a big payday like some people" or "I got where I am because I'm a hard worker and I'm not looking for a handout." And, you know what, I believe th...

Many injured workers and their families have to go into debt after a work injury because they aren't working and the workers' compensation money benefit is lower than their take home wage. And, they can't make ends meet. The New Mexico Workers' Compensation Act can provider relief.

Can worker injured in New Mexico get treatment outside of New Mexico? This question often comes up in workers' compensation cases in New Mexico. The answer, unfortunately, is it depends. Going to a doctor or provider outside of New Mexico usually comes up in the following situations: The inju...

Maximum medical improvement or MMI is one of the critical concepts in a New Mexico workers' compensation case. The New Mexico Workers' Compensation Act defines MMI as the following: "As used in the Workers' Compensation Act, “date of maximum medical improvement” means the date after which furth...

I've written about choosing, and the process for choosing, a doctor for a New Mexico workers' compensation case in the past. I try to avoid repeating what I write about, but the process of choosing a doctor to treat your work injuries is incredibly important and can often determine whether your c...

I often ask workers who contact me whether there is a union at their workplace. If the answer is yes, my next question is are they a member? If the answer is no, I'll ask why? Most of the time, the answer is that the dues to join are too expensive. Sometimes the answer is that the worker just has...

One of the most important decisions for an injured worker in New Mexico is choosing a doctor for treatment. As a side note, the New Mexico Workers' Compensation Act contains a procedure for determining whether the injured worker or the employer (and/or workers' compensation insurer) gets to make...

I believe that the New Mexico Workers' Compensation Act is better than a lot of other workers' compensation systems in the country. However, that does not mean it can't be improved. I consistently hear complaints from clients and others regarding the New Mexico Workers' Compensation Act, and I u...

I've written about the notice requirement in the New Mexico Workers' Compensation Act. I wanted to update my past post because the notice requirement has come up in recent cases. Before I start on this new update on notice for a work injury, I want to recap what I've recommended in the past: IN...

Texts and texting are almost mandatory for communicating today. For most people they have replaced phone calls, emails and letters. It's undeniable, texting is an incredibly easy and effective way to communicate. HOWEVER, texts should NEVER be used to communicate with an employer, an insurance ...

You've  been hurt at work. The good news is that the workers' compensation insurer is paying your money benefits and also paying for your medical treatment. So, you don't have to worry about those things. Fortunately or unfortunately, you have seen a surgeon and she has offered surgery to treat ...