Lawyers, Answer Questions  & Get Points Log In
New Mexico Workers' Compensation Questions & Answers
1 Answer | Asked in Employment Law and Workers' Compensation for New Mexico on
Q: my employer is having financial troubles and has took away my vacation & sick leave. what are my options? legal?

I have 200 hrs vacation and 24 hrs sick leave saved up. My employer is a small business (5 employees) in new mexico that has recently downsized dramatically from financial issues (debts). ive been with him for over 6 yrs. I recently got sick for two days from an E coli outbreak in the cities water... Read more »

Trent A. Howell
Trent A. Howell answered on Oct 31, 2017

In general, for work already done, an employer must pay whatever rate of pay and benefits were agreed upon before the work was done. Unless the employer has also entered an agreement to continue a rate of pay or benefits for a certain period of time into the future, an employer can change the rate... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for New Mexico on
Q: My wife was injured in Montana, had an assesment done that has her at 7% whole body impairment. Insurance denied claim

because she moved to New Mexico. Is there a statute that makes that ok, or do we have a legitimate cause? We have a mediation set up for later this month, but I want to be sure that we aren't kicking a dead horse.

Peter N. Munsing
Peter N. Munsing answered on Oct 13, 2016

I assume you have an attorney. Your moving doesn't have squat to do with an injury claim as long as she got follow up treatment which documents she stillhas issues.

IF you don't have an attorney at least get a consult with a member of the Montana Trial Lawyers Assn --they give free...
Read more »

2 Answers | Asked in Personal Injury and Workers' Compensation for New Mexico on
Q: I got a little burn at work nothing big at all , can I refuse medical treatment on my behalf if I can

If I have to go to a hospital can i refuse medical treatment

Peter N. Munsing
Peter N. Munsing answered on Sep 20, 2016

Get it seen to. Why? Because unlike health insurance there's no deductible or copay. If the burn gets infected you'll pay;.

not sure why the reticence but get it checked out.

View More Answers

1 Answer | Asked in Employment Law and Workers' Compensation for New Mexico on
Q: I hurt my knee on the job on the FD and forced to resign, im on work comp, should I be getting a settlement?
Trent A. Howell
Trent A. Howell answered on Apr 14, 2016

In certain situations, the New Mexico Workers' Compensation Act, NMSA § 52-1-28.2, prohibits the employer from retaliating/terminating/pressuring resignation after an employee sustains a workplace injury and/or makes a claim for Workers Compensation benefits. Whether it applies to you would... Read more »

1 Answer | Asked in Workers' Compensation for New Mexico on
Q: I fell on the ice outside of work a year & 1/2 ago, I'm still suffering severely.The company has recognized it as a p

Problem, because now there are ice buckets outside.

I am still suffering.

The new Dr. I recently started seeing is going to get me over to a trauma psyc. because of PTSD.

And she is still working in helping me heal.

Do I have a personal injury case against my... Read more »

Adam Studnicki
Adam Studnicki answered on Aug 4, 2015

Personal injury is different than workers' compensation. Injuries at work are normally covered by workers' comp. Start by talking to a local workers' comp lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information...
Read more »

1 Answer | Asked in Workers' Compensation for New Mexico on
Q: Can I tell a judge what workers compensation has done to me in the past example cost home I had 14 years not paid 1 year
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Feb 18, 2012

Your question is not clear. It appears you are saying you have had a house for 14 years and ykou have not paid for one year. You have not said why your case should be paid.

I have practiced WC in Virginia for 35 years. I hope you can provide additional im

1 Answer | Asked in Workers' Compensation for New Mexico on
Q: What is a "Bad Faith" charge in a worker's compensation case?

If you have additional details about your question fill them here

Erin Gallivan
Erin Gallivan answered on Jan 21, 2011

"Bad faith" in a workers comp case usually refers to the workers comp insurance company not adjusting the claim in good faith, in other words acting in bad faith towards the claimant in handling the claim. It is a claim brought by the claimant against the insurance company.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.