1. How does an individual go about hiring you to represent them in their Worker's
Compensation claim?
2. Is there a consultation fee to meet with you and discuss a Worker's
Compensation claim?
3. Can you explain more specifically how your attorney’s fees work in Worker's
Compensation cases?
4. Once you are hired, what specifically do you do to obtain a favorable ruling for
a Worker's Compensation client?
5. What Worker's Compensation Benefits am I entitled to?
6. Who decides whether I am entitled to Worker's Compensation benefits?
7. When should I contact an attorney?
8. The Top Five Most Important Worker's Compensation Facts to Know
1. How does an individual go about hiring you to represent them in their Worker's Compensation claim?
You will need to call our office and talk to an assistant, who will take down some general information over the phone and then will schedule an appointment to discuss their potential in more detail. Once we are able to meet the individual, a decision can be made as to whether it is in the client's best interest for us to represent them.
2. Is there a consultation fee to meet with you and discuss a Worker's Compensation claim?
No, there is no fee to meet with us and discuss your case. In fact, if you do hire us to represent you, you do not have to pay any money up front and we will only collect a fee if we represent you successfully and get a recovery for you. If we are unsuccessful, you do not owe one penny for any attorney fees.
3. Can you explain more specifically how your attorney’s fees work in Worker's Compensation cases?
The attorney fees will be paid contingent upon the benefits recovered. If nothing is recovered on your claim, then you will not be liable to us for any attorney's fees. The percentage of recovery payable to us will be contingent upon the amount negotiated for attorney's fees upon settlement or judgment awarded by the worker’s compensation judge. The percentage of attorney's fees will vary depending upon the complexity and length of the case. The approval of all fees must come through a worker's compensation judge.
Payment of attorney’s fees is governed by the New Mexico Workers’ Compensation Act which requires the insurance companies to pay 50% of the attorney’s fees. For example, if we are awarded attorney’s fees of $200.00, the insurance company would be responsible for paying $100, and the worker would be responsible for paying $100. Your portion of the attorney’s fees will be paid to us from the recovery. The attorney’s fees are simply that, fees for professional service, and do not include any expenses or costs.
4. Once you are hired, what specifically do you do to obtain a favorable ruling for a Worker's Compensation client?
One of the most important things we do is take the stress of the process off of you and put it all on us. Once we are hired, we do not want the client to have to worry about anything except going to the doctors and getting the treatment that they need to help them get better. We will file the complaint and all appropriate documents with the Workers Compensation Administration and negotiate on your behalf. A complaint is a legal action against your employer and their insurance company.
In a complaint concerning benefits, the parties are required by law to have a mediation conference to try to resolve the issues. A mediation is a conference in which both sides meet to try to resolve the dispute. We will prepare you for the mediation and represent you at the mediation to hopefully quickly and inexpensively reach a beneficial settlement. If a settlement is not reached, a formal trial is scheduled. We will represent and advocate for you at each stage in the process, including a trial if necessary.
More than anything, we will act as your representative to organize and effectively present your arguments in a way that is most beneficial for you. Since we handle Workers Compensation claims regularly we know all of the pieces of the puzzle that must come together in order to get a favorable result. We can generally prepare all of the forms necessary to pursue the claim with the exception of just a few forms that can only be prepared by the client. We will make sure all of the important information will be considered when a decision is being made.
5. What Worker's Compensation Benefits am I entitled to?
The laws of New Mexico provide that you may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, and benefits for injuries resulting in permanent disabilities such as loss of use and/or disfigurement. In some cases, workers are allowed to participate in certain physical and vocational rehabilitation programs as well.
6. Who decides whether I am entitled to Worker's Compensation benefits?
Your employers workers’ compensation insurance carrier or in some cases your employer will investigate and make a determination as to your eligibility to receive workers’ compensation benefits. If the benefits are denied or are less than you believe you are entitled to under the law, you should contact us immediately.
7. When should I contact an attorney?
You should contact us within one year of the date that benefits were denied. Claims brought on your behalf after one year from the date the benefits were denied will typically be barred. The sooner you contact us, the sooner we can help you receive the benefits you are entitled to.
8. The Top Five Most Important Worker's Compensation Facts to Know
1. If you are injured on the job or become disabled by an occupational disease, your employer must pay all your authorized medical expenses for the life of the injury.
2. You are required to notify your employer or supervisor in writing of any accident at work, within 15 days of the accident.
3. If you lose more than 7 days of work because of an injury or occupational disease covered by worker's compensation, your employer must provide benefits to you to replace part of your lost wages.
4. The insurer or self-insurance program is required to send the first lost wages benefit check not later than 14 days after you have missed 7 days from work, and must continue to send benefit checks twice a month for as long as you are unable to work.
5. Contact us no later than one year from the date the benefits were denied to you.
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