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Workers' compensation and personal injury cases

Sometimes a worker is injured by by a person who is not a co-worker which can result in two cases: a workers' compensation case and a personal injury case.

Some examples are the following:

  • A delivery driver who is hurt when another driver hits his vehicle.
  • A framer working on a construction project is injured by a plumber who works for another contractor.
  • A worker slips and falls on an icy sidewalk while working.

It's critical to understand if a worker is injured by a person who is not a co-worker, that injured worker probably has two cases;

  • The first case is a workers' compensation case against the employer.
  • The second case is a personal injury case against the non-co-worker who injured the worker and most likely the non-co-worker's employer.
  • In certain circumstances there may be other cases that the injured worker has, but I won't go into those here.

Workers' compensation cases and personal injury cases are in some ways similar. However, they operate under different rules and deadlines.

Therefore, the best option is to retain a lawyer who can handle the workers' compensation case and the personal injury case. I am one of those lawyers.

As I've recommended before, if you're hurt at work, you must see a qualified workers' compensation lawyer ASAP. That person can tell you if you have a viable workers' compensation case and, also, if you have a personal injury case. Additionally, that person can come up with an effective plan to resolve both cases within a reasonable time.

If an injured worker recovers money from a related personal injury case, the injured worker may have to pay some of that money to the workers' compensation insurer as partial reimbursement for the workers' compensation benefits the insurer paid to the injured worker. This is Section 52-5-17 of the New Mexico Workers' Compensation Act.

In my experience, few personal injury lawyers understand workers' compensation reimbursement claims. Therefore, it's critical to have a lawyer who has workers' compensation experience represent you if you also have a related personal injury case. The best option is to have one lawyer handle both the workers' compensation case and the personal injury case.

I know how to maximize an injured workers' workers' compensation benefits AND his or her recovery in a related personal injury case.

I also know how to resolve a workers' compensation insurer's reimbursement claim against a related personal injury case recovery.

Please call me 505 292-8836 or email me at [email protected] 

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Attorney Robert Scott is committed to answering your questions about workers' compensation, employment law, wage theft, personal injury, and wrongful death law issues in Albuquerque.

I offer a free consultation and I'll gladly discuss your case with you at your convenience. Contact me today to schedule an appointment.