What Constitutes a Workplace Accident in New Mexico?
A workplace accident in New Mexico refers to any unexpected event that occurs in the course of employment and causes injury or illness. This includes accidents resulting from mishaps like falls, equipment malfunctions, exposure to harmful substances, and even repetitive strain injuries from performing the same task over time.
Types of Injuries
Workplace accidents can lead to various types of injuries, including but not limited to:
Physical injuries, such as cuts, burns, fractures, amputations, spinal injuries, or traumatic brain injuries.
Illnesses, such as respiratory diseases, skin disorders, or illnesses due to exposure to toxic substances.
Psychological injuries, such as Stress-related illnesses or post-traumatic stress disorder.
Steps to Take After Suffering a Work-Related Injury
Here are some steps you can take after a workplace accident (or the discovery an illness caused by a workplace environment or duties):
Seek immediate medical attention. Your health is paramount. Seek immediate medical attention, even if your injuries seem minor. Some injuries may not manifest symptoms immediately.
Report the accident to your employer. Inform your employer about the accident as soon as possible. Under New Mexico law, you have 15 days to notify your employer after an accident occurs or from the date you realized your injury or illness was related to your work.
Document the accident. Keep a record of everything related to your accident: the circumstances leading to the accident, witnesses, medical reports, and any communication with your employer or their insurance company.
File a workers’ compensation claim. In New Mexico, you typically have one year from the date of the accident to file a claim. The process involves filing a Notice of Accident form and a Worker's Compensation Administration (WCA) claim.
Consult a legal profession. If your claim is denied or if you face retaliation from your employer, consult a workers' compensation attorney immediately.
Why It is Important to See a Doctor After Sustaining a Work-Based Injury
Seeking immediate medical attention after a work-related injury is crucial for several reasons:
Health and safety. The foremost reason to see a doctor is to ensure your health and safety. Some injuries may not show immediate symptoms but can lead to serious complications if left untreated. A doctor can accurately diagnose and treat your injuries, which can prevent further harm and promote faster recovery.
Medical documentation. Medical records play a crucial role in workers' compensation claims. They provide objective evidence of your injuries, the treatment required, and any ongoing medical issues. This documentation can be vital in proving the extent and severity of your injuries.
Establishing a link. Medical records also help establish a link between the workplace accident and your injuries, which is essential in a workers' compensation claim. If there is a delay in seeking medical attention, it could be argued that the injuries were not related to the workplace accident.
It is important to note that your employer can select the doctor they wish to treat your injuries after speaking with and informing their insurance carrier of the accident. While you can select your own care provider, you may be stuck with the doctor selected by your provider for the first 60 days of your claim if your employer makes the selection first.
Experienced Workers’ Compensation Attorney
At Michael Doyle, Attorney at Law, we are backed by nearly 20 years of experience helping clients fight for their right to fair compensation. We understand how impactful workplace injuries can be on your physical and financial health, which is why we work tirelessly to help clients achieve the best possible case results. If you or someone you know have sustained a work-related injury, you can trust our attorney with your case.
Get started on your case today. Reach out to our firm online or via phone at (505) 219-2176.