Denver, CO asked in Employment Discrimination, Employment Law and Personal Injury for New Mexico

Q: Was injured at work Nov 2020 but didnt do employee injury form. "Unpaid" medical leave as "5 hrs short.

Required surgery for herniated disc Jan 2021 & never fully recovered now need more. Given less physical job but am slower & 72 yrs old. Terminated Dec '21 as said no funding for my position. Just got a disqualification from NM Workforce Solutions as said i was per diem, ( statute #51-1-7A & 51-1-11) which makes no sense! I will appeal. I also believe employer discriminated due to my age & disability. And after 15 years of loyalty as a nurse! Is there recourse? Help!

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: I'm sorry you were treated this way following your injuries. A New Mexico attorney could advise best, but your question remains open for two weeks. Ordinarily, injuries sustained in the course of employment should be covered by workers' comp. But I am not clear on your legal capacity here (employee, contractor, etc), as you mention placement by an entity other than an ordinary employer (NM Workforce Solutions).

I recommend you reach out to a New Mexico employment attorney for starters to try to arrange a free five-minute consult to try to find out what type of attorney is most applicable here - W.C., employment, personal injury in terms of third-party claims, etc. An experienced attorney should be able to sort things out quickly and advise you of your rights, whether you have viable legal options, and what type of legal fees (contingency or other) might apply to working with an attorney(s) in this situation.

It would probably be best to move without delay if there are any short notice of claim or filing requirements involved, depending on the entities involved. Good luck for a healthy recovery from your injuries, and hopefully in obtaining justice for what happened to you here.

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