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Third-party lawsuits and workers’ compensation claims

On Behalf of | May 3, 2024 | Firm News |

Workers’ compensation in New Mexico offers a safety net for employees who get hurt while doing their jobs. This system is in place to ensure workers get medical care and a portion of their wages if they cannot work due to an injury or illness. It’s a no-fault system, which means workers don’t have to prove their employer did something wrong to receive benefits.

The possibility of third-party claims

Sometimes, a work injury doesn’t just involve an employee and employer. If someone else is to blame, there might be a chance to file what’s called a third-party claim. This kind of lawsuit is separate from the workers’ compensation system and allows you to seek damages from those at fault who are not your co-workers or employer.

Scenarios leading to third-party lawsuits

Imagine you’re hurt on the job by something or someone not connected to your work. If you’re in a car accident while on a work errand and the other driver is at fault, this could be a third-party case. Or if a machine you use at work is defective and causes injury, the maker of that machine might be responsible. In these situations, you could pursue a third-party lawsuit.

What can you recover?

A third-party lawsuit can provide compensation for things that workers’ compensation doesn’t cover. It can include full reimbursement for lost wages, payment for pain and suffering, and other damages. It’s also a chance to get a fuller recovery for the harm you’ve suffered due to your work-related injury.

Seek a better future

Talking to an attorney is important if you have a potential third-party claim. They can help you understand your rights and guide you through the process of seeking additional compensation beyond your workers’ compensation benefits.

While workers’ compensation is a valuable resource for injured workers in New Mexico, it’s not the only option when another party is at fault. Third-party lawsuits can be critical to obtaining full justice and compensation for your injuries.