Does A Worker Have To Be Injured At Their Physical Place Of Employment To Qualify For Workers’ Comp?

Most worker’s compensation policies provide coverage even, in some instances, when employees go into other countries. Even though it may be a Texas employee or employer, if there’s some way to pursue a claim in New Mexico because the employee happened to be working there on that particular day, we’ll always see if there is a way to pursue the claim in New Mexico, since New Mexico’s tort system is more generous. In general, an injury does not have to happen at the city or the state of hire. Of course, there are other issues that it’s important for a worker to talk to an attorney about. The insurance company is trying to find any excuse to not provide coverage, to limit coverage, or to pay as little as possible. I don’t always take the insurance carrier’s word if they say there’s no coverage. Talk to an attorney to make sure that is the case or to just get a better understanding of your legal rights.

How Long Does A Worker Have To File A Worker’s Compensation Claim?

Generally speaking, you have one year to file a worker’s compensation claim. However, that’s different than reporting the claim or reporting the injury. Each state has their own separate rules. Texas is 30 days; New Mexico is 15 days to report the claim. In many cases, employers don’t properly document it. They don’t properly notify the insurance carrier because they don’t want their premiums to go up. In some cases, they even go so far as to offer to pay the medical bills for the initial care but they don’t formally file the claim or notify their own insurance carrier of the claim. Then, months or years later, when the employee’s condition has worsened and they need to get more benefits from their claim, they learn that it was never formally filed by their employer.

What Steps Should Someone Take To Get The Best Resolution Possible In Their Workers’ Compensation Case?

The best thing to do in any case is talk to an attorney. The insurance adjusters are not acting in the best interest of the employee. They’re acting in the best interest of the person who pays them; the insurance carrier. There’s a wealth of information that is available through the Internet. States have websites that can provide guidance to employees. Each of the states have local offices in the largest cities, where an injured worker can walk in and ask for assistance with filing their claim. Each of the states have different laws with regard to medical providers and who the injured worker is permitted to see for their injuries.

The steps start with the formal filing of a complaint in New Mexico or, in Texas, a report of injury. Those forms can be downloaded online and then submitted to both the insurance carrier and to the respective state offices. After that, it depends on how the insurance carrier chooses to respond to the claim. Some carriers don’t do anything. They just wait for the employee to make a mistake and then the claim is rejected because something wasn’t done properly.

What Damages Can I Recover In A Workers’ Compensation Claim?

Texas and New Mexico provide for lifetime coverage of medical benefits, meaning payment of medical bills that are deemed reasonable, necessary, and related to the injury. An employee is also permitted to receive indemnity benefits and lost income benefits. Each state has very specific legal definitions of what those benefits are, how they’re classified, and how the amount is determined. Most states have different laws regarding the maximum duration of those benefits. You can’t get compensated for pain and suffering damages or punitive damages.

For more information on Qualifying For A Workers’ Comp Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (915) 301-7819 today.