Frequently Asked Questions About Workers' Compensation Benefits

How Long Is It Going To Take Before I Can Collect Worker's Compensation Benefits?

The answer depends on when you file your claim and how complete your application is. If approved, your benefits generally go into effect eight days after you have been out of work, your "nonwork status." Unless you have been out of work for more than four weeks, you would not be paid for the first seven days you were unable to work.

It is best to give your employer written notice of your job-related accident injuries within 15 days. Working with an experienced workers' compensation attorney can help ensure your workers' compensation application will not be rejected.

What Is Temporary Total Disability (TTD)?

If you are temporarily unable to return to work after an injury, workers' compensation provides the TTD indemnity benefit. You will be able to receive monetary compensation, which is equal to two-thirds of your average weekly wage that you received in the 26 weeks before your accident injury. There are complex restrictions, maximum durations and impairment rating percentages to consider as well.

What Is Temporary Partial Disability (TPD)?

Employers sometimes keep their injured workers on the job after they are injured, however, pay them a reduced rate. The employer may reduce the number of hours an injured worker can be on the job, or reduce their wages. When this happens, if you are granted TPD, it means you will be paid two-thirds the difference between your regular wages and the reduced wages.

What If I Am At Fault For My Injury?

You can still file a claim for workers' compensation even if your mistake caused your injury. New Mexico's workers' comp laws are considered "no fault."

What If My Employer's Insurance Denies My Claim?

If your employer's insurance denies your claim, the New Mexico Workers' Compensation Administration encourages you to contact their ombudsman to discuss your dispute. You may also file a complaint with the worker's compensation administration clerk. However, because this process requires many steps, including mailing a copy to the insurance company and getting witnesses to prove your case, it is best to contact an experienced attorney for help with filing your complaint to avoid delays in getting the compensation you need.

How Much Does It Cost To Work With An Attorney?

At Pizzonia Law, LLC, there is no cost to you if we do not win your case. Our workers' compensation lawyer will meet with you face to face to evaluate your case at no charge. From there, we do not collect attorney's fees until we win your case. Call our firm in Albuquerque today to get started on your claim at 505-445-2109 or email us.