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 provide relief.
An injured worker can petition a workers' compensation Judge for payment of debts from future money benefits.
To be considered, the injured worker has to do the following:
- Be at maximum medical improvement or "MMI".
- Prove the debt was incurred after the work injury.
- Provide written proof of the debt to the Judge.
The Judge does not have to grant the injured worker's petition. However, most Judges will at least grant part of the what the injured worker is requesting which can be helpful.
Future money benefits are supposed to assist the injured worker to pay for living costs, especially if the injured worker has not returned to work. Therefore, Judges are careful in granting requests to pay debts from future money benefits.
However, even getting rid of some debt can be helpful.
If you are interested in this possibility, please call me.