Pizzonia Law, LLCWorkers Compensation Lawyer Albuquerque | Repetitive Strain Injury2026-05-18T21:52:06Zhttps://www.pizzonialaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303681/2021/08/cropped-Pizzona_SITEICON_512x512_AUG21-32x32.jpgOn Behalf of Pizzonia Law, LLC<![CDATA[What to Do If Your Workers’ Compensation Claim is Denied in New Mexico?]]>https://www.pizzonialaw.com/?p=476052026-05-13T23:46:09Z2026-05-13T23:46:09ZWhat causes claim denials?
Every workers’ compensation claim is unique, but certain trends emerge when looking at denied or disputed claims. In some cases, employers assert that the worker may have sustained their injuries outside of the workplace.
Other times, there may be documentation that the medical issue is a pre-existing condition. In that scenario, you may need to gather enough medical evidence to prove that your job worsened your condition or caused a recurrence of symptoms that had previously diminished due to treatment.
Mistakes during the claims process, such as failing to report the injury to your employer, could lead to a denial. Allegations of injuring yourself on purpose or getting hurt due to intoxication while working could also justify the denial of an otherwise valid claim.
Finally, inadequate medical evidence or discrepancies between the information provided to your employer and your medical records could lead to claim denial. An attorney can help you understand the reason for the rejection of your claim and the process of filing an appeal.
Working with someone who has the time to actually interact with you on a face-to-face level is typically better than hiring an attorney who may communicate through a paralegal and never actually discuss the case with you personally.
What is the appeals process?
The appeals process requires that you act promptly. You usually only have 30 days to file a complaint with the New Mexico Workers’ Compensation Administration (WCA). After you file your complaint, you typically need to attend mediation to resolve the matter amicably.
If mediation is not successful, then you may need to attend a formal hearing in front of a judge. At that hearing, your attorney can present evidence about your injury and even question witnesses about the incident on the job or your medical condition. The process can be overwhelming for those trying to negotiate with the WCA in Albuquerque.
An attorney can help you understand the rules that apply during an appeal. They can advocate for you and help you secure the benefits the insurance company attempted to deny you. Sitting down to discuss a denial notice with a workers' compensation attorney as soon as possible can help you take appropriate steps to pursue the benefits you need.]]>On Behalf of Pizzonia Law, LLC<![CDATA[Can you start a business while on workers’ comp in New Mexico?]]>https://www.pizzonialaw.com/?p=476012026-02-25T06:16:03Z2026-02-25T06:16:03Zyour benefit type.
Assessing eligibility and benefit impact under New Mexico workers’ comp
Your wage benefits often relate to your ability to work. If your doctor limits lifting, standing or repetitive motion, you may need to keep business tasks within those limits. If you receive temporary total disability benefits, the claim position typically reflects that you cannot work for pay at that time. If your business activity suggests more capacity than you report, the insurer may question your benefits.
Finances can matter, too. Business income may affect wage-loss calculations, especially if you perform paid work while you collect benefits. Consistency between your restrictions, your real-world activity and your earnings may reduce disputes.
Managing business activity during an active workers’ comp claim
Share changes in work activity if the claim requires it
These actions may help you better understand whether your business activities remain consistent with your reported work capacity.
Assessing fit between your business activities and benefit eligibility
Before moving forward, review your current work status and written medical restrictions side by side with the exact tasks you plan to perform in your business. Write down each duty and compare it against what your doctor allows.
If any task falls outside those limits, reconsider your role or adjust the structure of the business. This type of self-check can help you decide whether your next step fits within your current claim without creating unnecessary risk.]]>On Behalf of Pizzonia Law, LLC<![CDATA[New Mexico workers’ compensation: 4 tips to strengthen your case]]>https://www.pizzonialaw.com/?p=475972025-12-10T01:04:34Z2025-11-27T15:30:20ZReport your injury and seek medical care immediately
Notify your employer as soon as possible after an injury. Prompt reporting creates a clear record of the incident and ensures your claim meets New Mexico requirements. Remember that the statutory deadline is 15 days for written notice and 90 days if the employer did not have knowledge or the injury was latent. You also must file your claim with the New Mexico Workers' Compensation Administration (WCA) within one year.
Do not wait to see a doctor after the injury. Seek medical treatment without delay. Early care documents your injury and links it directly to the workplace, which is essential for claim approval under NMSA §52-1-1 et seq.
Watch for surveillance and private investigators
Insurance companies sometimes hire investigators to monitor claimants. Be aware of your rights and avoid actions that could be misinterpreted on camera. Maintain normal routines but avoid exaggerating or hiding symptoms. Staying mindful helps protect your claim from unnecessary challenges.
Collect and preserve critical evidence
Strong documentation can make or break a workers’ comp claim. Keep a thorough log of all injuries, medical appointments, prescriptions and treatments. Save emails, text messages and letters from your employer or insurer. Record details of conversations with supervisors or co-workers who witnessed the incident.
Photos, videos and receipts for medical expenses also strengthen your case. Organized, detailed evidence can speed up approval, counter disputes and support your benefits in the event of a hearing or appeal.
Consider hiring a workers' comp lawyer
Claims can become complex if benefits are delayed, denied or reduced. But a qualified attorney can review your documentation, guide legal strategy and coordinate with medical providers. Properly supporting and submitting medical records, including Maximum Medical Improvement (MMI) and Permanent Partial Impairment (PPI) ratings, helps maximize long-term benefits. Contact Pizzonia Law to learn more about your rights to compensation.]]>On Behalf of Pizzonia Law, LLC<![CDATA[The 5 biggest mistakes to avoid in a workers’ compensation claim]]>https://www.pizzonialaw.com/?p=475732024-12-23T00:16:46Z2024-12-23T00:16:46Z1. Failing to notify an employer
To qualify for New Mexico workers' compensation benefits, employees have to cooperate with their employers. The business needs to know about their injury or diagnosis. In most cases, the rules require that workers report workplace injuries within 15 days. Failing to do so can limit eligibility for benefits later.
2. Avoiding medical treatment
Many people who have debilitating symptoms try to manage their issues on their own. They use over-the-counter medications and home remedies to control their symptoms. Without a diagnosis and proper medical care, the condition might get worse. Delayed medical care can impact a worker's chances of recovery.
3. Failing to gather evidence
The more information workers have about their symptoms and how they connect to their work, the easier it is to get benefits. Workers need medical reports and information about how their symptoms affect their daily lives. Without documentation, workers may struggle to convince their employers and their insurance companies about the need for medical care and possibly a leave of absence for convalescence.
4. Changing their story
Sometimes, workers dislike admitting the symptoms they experience because they feel embarrassed. Other times, they may be anxious about honestly disclosing how they got hurt, possibly because they made a mistake on the job.
If a worker changes their story during a claim, that can raise a lot of red flags. They may experience more pushback and may have a harder time getting the benefits they require.
5. Refusing to follow medical instructions
Doctors may instruct patients to rest or may limit their job functions. They may recommend surgery or physical therapy. Typically, injured employees need to follow the treatment plan proposed by the doctor overseeing their care. Failing to do so can complicate their claim later.
Those who have support throughout a workers' compensation claim may have an easier time maximizing the benefits they receive. Getting assistance as early as possible can help set injured employees up for success when they need workers' compensation benefits.]]>On Behalf of Pizzonia Law, LLC<![CDATA[Mental health conditions and workers’ compensation]]>https://www.pizzonialaw.com/?p=475722024-09-25T16:18:26Z2024-09-25T16:18:26ZAs workers, we often associate workplace injuries with physical pain and damage, such as broken bones or cuts. However, mental health injuries can be just as debilitating and prevent us from performing our jobs.
In New Mexico, workers' compensation benefits may be available to help employees who suffer from work-related mental health issues. If you are experiencing a psychological injury associated with your job, you should know whether you can collect workers' compensation.
Why mental health matters in workers' comp
Work-related mental health issues are real and can seriously impact your life. They might not be visible like a broken arm, but they can be just as debilitating and should be treated the same as physical injuries. And in fact, the New Mexico Supreme Court recently ruled that capping benefits for mental impairments and not physical impairments violated the New Mexico Constitution.Here's why it's crucial to consider claiming compensation for these injuries:
They can prevent you from working effectively
Treatment can be expensive
Recovery may require time off work
Your overall quality of life can suffer
Don't brush off psychological injuries as "just stress." They're valid concerns that deserve attention and potential compensation.
Recognizing a hidden injury
Work-related mental health issues can stem from a single, traumatic event, like being in an accident. Other times, they develop over time due to ongoing stress, harassment or an unhealthy work environment. Anxiety, depression and PTSD are just a few examples of these real and debilitating conditions.If something that happened on the job compromises your ability to work, you deserve support and compensation.
What to know when filing a claim
It's true: Filing for workers' compensation for a psychological injury can sometimes be more complex than claiming a physical injury. The connection between your mental health and your job might not be clear-cut, and you may worry that others won't take your claim seriously.That's where legal representation can make a world of difference. A workers' compensation attorney can help you understand your options, make informed decisions and pursue benefits you may be eligible for.Your mental health matters, and seeking help is the first step towards healing and moving forward.]]>On Behalf of Pizzonia Law, LLC<![CDATA[How much will I get from my workers’ compensation claim?]]>https://www.pizzonialaw.com/?p=475702024-08-14T20:08:48Z2024-08-15T20:07:38Z
Type of injury: The severity and nature of the injury impact the amount of medical benefits and wage replacement. Additional benefits are possible if the injury leads to permanent impairment.
Wage replacement benefits: These are calculated based on a percentage of your average weekly wage, subject to a maximum limit set by the state.
Medical expenses: Benefits should also cover reasonable and necessary medical expenses related to the work injury.
Understanding these categories helps clarify the compensation calculation and ensures that workers can anticipate the benefits they might receive. It is essential to provide accurate and comprehensive information about your injury and wages to help ensure a fair assessment.
What should I do if my offered benefits are insufficient?
Unfortunately, this issue is not uncommon. You can take the following steps if you believe that the workers' compensation benefits are inadequate:
Request a reevaluation: You can ask the insurance carrier or your employer to reassess your claim if you believe there has been an error or oversight.
Appeal the decision: If reevaluation does not yield a satisfactory outcome, you may appeal the decision through the New Mexico Workers' Compensation Administration.
Consult a lawyer: A workers' compensation attorney can provide guidance and represent your interests in disputes or appeals.
If you find yourself receiving benefits that do not adequately cover your needs, it's important to know your rights and the steps you can take to challenge the decision.]]>On Behalf of Pizzonia Law, LLC<![CDATA[What is the timeline for filing a workers’ compensation claim in New Mexico?]]>https://www.pizzonialaw.com/?p=475692024-08-14T19:28:49Z2024-08-14T19:28:49Z
Notice to employer: After receiving necessary medical care it is important to notify your employer of the injury within 15 days of the accident.
Formal claim filing:You generally have one year from the date of the accident or one year of the employer or insurer refusing to provide compensation to file a formal workers' compensation claim with the New Mexico Workers' Compensation Administration.
Failing to adhere to these deadlines can result in the loss of your right to claim workers' compensation benefits.
What can I do to better ensure I get workers’ compensation benefits?
Taking the right steps immediately after your injury can help protect your rights and simplify the claim process. In addition to reporting the injury to your employer and informing your supervisor or HR department about the injury, it is also wise to keep detailed notes about the incident and your injuries. If anyone saw the accident, gather contact information.
Going through this process is complicated and requires care to better ensure your rights are protected. It is important to advocate for your interests and remain aware of the key deadlines noted above. Remember, timely action is critical in protecting your rights and better ensuring you get workers’ compensation benefits after the accident.]]>On Behalf of Pizzonia Law, LLC<![CDATA[Third-party lawsuits and workers’ compensation claims]]>https://www.pizzonialaw.com/?p=475682024-05-03T19:06:33Z2024-05-03T19:06:33ZThe 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.]]>On Behalf of Pizzonia Law, LLC<![CDATA[Workers’ compensation for remote workers]]>https://www.pizzonialaw.com/?p=468212024-03-20T22:00:56Z2023-12-15T18:05:48ZChallenges of assessing remote work injuries
In 2021, 2.8 million employees experienced nonfatal injuries, according to the Bureau of Labor Statistics, and many of these individuals needed at least part-time disability. However, remote work presents unique challenges for gaining compensation.
Determining the cause of an injury for a remote worker can be challenging. Employees’ home environments vary significantly, and accidents may occur due to home-related issues. Therefore, employees need to show a clear link between the injury and their work duties. Employers need to identify if an injury took place during work hours and while the employee completed job-related activities.
The importance of clear policies
Remote work presents unique challenges. Companies need to establish clear and comprehensive policies. These policies should outline expectations for remote employees. They need guidelines for maintaining a safe work environment at home. Establishing these expectations helps prevent accidents and aids in determining the eligibility of a workers’ compensation claim. Companies should review and update their policies to address the unique challenges posed by remote work.
Prevention as a key component
Preventing injuries in a remote work setting is as important as addressing them after they occur. Employers can promote safety by providing guidelines for ergonomically sound workstations. They should encourage regular breaks and encourage a healthy work-life balance.
As the nature of work continues to evolve, the workers’ compensation framework must adapt to contribute to a healthier, more resilient workforce.]]>On Behalf of Pizzonia Law, LLC<![CDATA[Common mistakes made on workers’ compensation claims]]>https://www.pizzonialaw.com/?p=467362024-03-20T21:59:38Z2023-11-07T19:16:46ZFailure to report injuries promptly
New Mexico saw 34,200 workers’ compensation claims as of November 5, 2023, according to the U.S. Department of Labor, but one of the most significant mistakes workers make failing to report a workplace injury promptly. This delay creates suspicion and leads to a denial of these claims. Therefore, as soon as an injury occurs or becomes apparent, workers should notify their employers.
Incomplete or inaccurate documentation
Some claimants also provide incomplete or inaccurate documentation. In the claim, these individuals need documentation of the incident, injury and medical treatment. Providing incomplete or inconsistent information can delay their claims or lead to denials.
Failing to seek medical attention
Some employees mistakenly assume that minor injuries will heal on their own. Delaying or forgoing medical attention can be a costly error. To have a strong workers' compensation claim, those with any type of injury should seek immediate medical care, creating a treatment record.
Not following medical advice
Neglecting medical advice, like missing appointments or not completing prescribed treatments, can suggest that individuals’ injuries are not as serious as they claim.
Returning to work too soon
Some individuals rush back to work before they are fully recovered. This can harm their claims if they later experience setbacks or exacerbate their injuries.
For the best results, workers should spend time on their claims and make sure they provide as much detail as they can on their paperwork.]]>