When Can A Injured Person File More than One Claim When Injured at Work by a Third Party?
The New Mexico Worker’s Compensation Act Prevents an Injured Worker from Pursuing a Claim Against an Employer if Injured on the Job. When Can A Injured Person File More than One Claim When Injured at Work by a Third Party?
If you sustain an injury while you are working at your job and while you are performing a job duty in the scope of your employment, you may be eligible to file a claim for New Mexico workers’ compensation benefits. As part of a workers’ compensation claim, you might be eligible to pursue benefits for a portion of your lost wages, your medical costs, and permanent disability benefits if you sustained a on the job permanent injury as a result of your work accident.
If you are injured on the job, you cannot file a claim or lawsuit against your employer unless the injury was a result of extreme willfulness on behalf of the employer. That is what the workers’ compensation system is for. However, if your on-the-job injury was caused by a third party’s negligence other than the employee then you might be able to pursue a third-party claim or lawsuit against that third party.
If you sustained a workplace injury, you should be well-aware of all of your rights to benefits and compensation, and the experienced personal injury attorneys in Los Lunas, NM at David C. Chavez Law Firm may be able to assist. Our legal team will investigate how your work injury occurred and determine if you are eligible to file an insurance claim or lawsuit against a third party who may have been responsible.
Third-Party Claims for On-the-Job Injuries
If your on-the-job injury was caused by a third party, you might be eligible to file a claim against that person or company for damages. For example, if you were involved in a motor vehicle collision while driving a company vehicle on the job, you could bring a workers’ compensation claim against your employer. You would have a subsequent personal injury claim against the at-fault driver.
Please be aware any recovery from a 3rd party is subject to reimbursement to the Worker’s Compensation Insurance that paid out the funds for your injury.
As part of your personal injury claim against the driver who caused your accident, you could seek monetary recovery for your medical treatment and procedure bills, lost earnings, and other expenses that you were forced to incur out-of-pocket. You could also pursue compensation for your pain and suffering, loss of earning capacity (if your injuries prevented you from returning to the same job or employment), loss of the ability to use a body part, loss of enjoyment of life, and/or loss of spousal support or companionship.
Call now 505-865-9696 to speak to an experienced New Mexico Attorney at The Law Firm of David C. Chavez to help you determine if you might be able to pursue a personal injury claim against a third party who caused your work-related accident. If so, we can file the claim on your behalf we will tirelessly work to negotiate a favorable settlement offer for your injuries or file the appropriate legal action on your behalf.
Contact a Skilled New Mexico Personal Injury Attorney Now to Discuss your Case. Call Now The Law Firm of David C. Chavez at 505-865-9696
At David C. Chavez Law Firm, our legal team is committed to helping you pursue the recovery you deserve for your on-the-job accident and injuries against the third party. For a free case evaluation and legal consultation with a knowledgeable personal injury attorney in Los Lunas, NM, please call us today at 505-865-9696 or contact us online today, a Top 10, Top 100 and Super Lawyer in New Mexico.