Workers' compensation typically covers injuries and illnesses directly related to an employee's job. For cancer treatment to fall under workers' compensation, there must be a clear connection between the illness and the employee’s work environment or duties. This connection often hinges on whether the employee was exposed to known carcinogens at work.
In New Mexico, industries such as mining, oil and gas extraction, and agriculture expose workers to substances like asbestos, benzene, and pesticides. Prolonged exposure to these substances can lead to the development of various types of cancer. However, proving that cancer resulted from occupational exposure rather than other factors can be challenging.
The process of proving that cancer is work-related involves medical evidence and expert testimony. The employee must show that the cancer likely resulted from specific workplace conditions. This requirement can be a significant hurdle, as cancer may take years to develop, making it difficult to pinpoint the exact cause.
Filing a Workers' Compensation Claim for Cancer
Filing a workers' compensation claim for cancer requires careful documentation and adherence to specific procedures. The first step involves notifying the employer about the cancer diagnosis and the belief that it is work-related. This notification should happen as soon as possible after the diagnosis to avoid delays in the claim process.
After notifying the employer, the employee must submit a formal claim to the New Mexico Workers' Compensation Administration (WCA). This claim should include detailed information about the employee's work history, exposure to hazardous substances, and medical records supporting the cancer diagnosis. The WCA will review the claim and determine if it meets the criteria for workers' compensation coverage.
New Mexico law mandates that employers provide workers' compensation insurance, which covers medical expenses and lost wages for employees with work-related injuries or illnesses. However, obtaining these benefits for cancer treatment may involve disputes, particularly regarding the cause of the cancer. Employees might need legal assistance to navigate these disputes and secure the compensation they deserve.
Workers’ Compensation Benefits Available for Cancer
If a workers' compensation claim for cancer is approved, the employee may receive several types of benefits. These benefits include comprehensive coverage for various medical expenses and additional support to ease the financial burden during treatment.
Here’s a look at medical expenses workers’ comp can cover:
- Doctor visits and consultations
- Hospital stays and surgical procedures
- Chemotherapy and radiation therapy
- Prescription medications
- Travel costs to and from medical appointments
In addition to medical benefits, workers' compensation provides wage replacement benefits. These benefits cover a portion of the employee’s lost wages while they are unable to work due to cancer treatment. The amount and duration of wage replacement benefits depend on the severity of the illness and the impact on the employee's ability to work.
New Mexico workers’ compensation law also includes provisions for permanent disability benefits if cancer leads to a lasting impairment. If the cancer or its treatment results in a permanent inability to return to work, the employee may receive additional compensation to account for this loss. These benefits help alleviate the financial burden on employees and their families as they cope with the long-term effects of cancer.
Challenges in Securing Workers' Compensation for Cancer
Securing workers' compensation for cancer treatment presents unique challenges, primarily because cancer can develop from various factors. Proving that cancer is work-related often requires extensive medical evidence and expert testimony, which can be costly and time-consuming. Employees may face resistance from employers or insurance companies who dispute the connection between the cancer and workplace exposure.
Another challenge is the statute of limitations for filing a workers' compensation claim. In New Mexico, employees must file a claim within a specific time frame after discovering the illness. Since cancer may take years to manifest, meeting this deadline can be difficult. Employees must act promptly upon receiving a diagnosis and suspecting that their work environment contributed to the illness.
Legal representation can play a crucial role in overcoming these challenges.
A skilled workers' compensation attorney can help gather the necessary evidence, negotiate with insurance companies, and represent the employee in hearings or appeals. Legal assistance can ensure that employees have the best chance of securing the benefits they need for cancer treatment.
Contact Us for Legal Support
When you need legal support to help you with your workers’ compensation claim for cancer, don’t hesitate to reach out to Michael J. Doyle, Attorney At Law. This is a time when you should leave nothing to chance, and having our skilled workers’ compensation lawyer on your side can make a significant difference in the outcome.
We can help you build your claim and navigate the entire workers’ compensation process. If workers’ comp denies your claim, we can help you exercise your legal rights and options to appeal for a better outcome.
Learn more about how we can help during an initial consultation. Contact us now to get started.