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Texting and New Mexico Workers' compensation cases: an update to my November post.

Posted by Robert Scott | Apr 05, 2022 | 0 Comments

This has come up again in another case and I wanted to revisit it.

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 adjuster or anybody else involved with a workers' compensation for the following reasons:

  1. They are very difficult to manage and can be lost or deleted very easily.
  2. They usually have to be produced as evidence in a workers' compensation case. And, if a workers' compensation insurer wants copies they will subpoena them from your cell phone carriers (T-Mobile, Verizon, AT&T, etc.). These companies will usually not cooperate in producing texts which can delay resolution of your case. Also, they will usually produce ALL text for a certain time period, not just the texts related to your workers' compensation case. So, personal texts will be produced.
  3. Even when the texts are produced they are often in a format that is hard to open and work with.

It's much better to use emails, letters or faxes, which are easier to save, organize and produce.

Better yet call me as soon as possible after your work injury or work accident and let us take care of the communications with your employer and the workers' compensation insurer.

About the Author

Robert Scott

“One of the most experienced workers' compensation attorneys in New Mexico.” After graduating from high school in New York, I attended the College of William & Mary on an ROTC scholarship and earned a degree in Spanish. I served four years in the United States Army as an infantry lieutenant.


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