Albuqueruque, New Mexico
Workers Compensation Attorney for Employees
No Upfront Fees
If you have been injured on the job, you may be entitled to workers’ compensation, the insurance that protects employees from injuries sustained at work. Hiring an experienced attorney can make the difference between a minimal settlement and a large settlement that can actually cover your medical costs. Call today and put my expertise on your side.
Fighting for Workers Rights
Lawyer Kevin P. Holmes is proud to represent employees (and ONLY employees) in Workers’ compensation claims in New Mexico.
- Free Consultations
- No Up Front Fees
- We Only Get Paid When We Win
The state of New Mexico requires employers to purchase workers’ compensation insurance that provides benefits to injured workers, regardless of who may be at fault.
However, this requirement means that injured workers cannot sue the employer for liability over their injuries.
If you have been hurt at work, you’ll be required to apply for compensation through your company’s workers’ compensation insurance coverage rather than suing the company itself.
That’s why having an experienced attorney in your corner is so crucial. That way, you can maximize your chances of receiving the compensation you deserve.
Why You Need a Lawyer for Workers’ Compensation
An experienced attorney can make the difference between a simple apology letter from your company and a settlement that can cover the cost of your medical expenses. The process of filing a claim can be long, difficult, and too often unfair. You need an attorney on your side.
Get the Full Amount of What You Are Owed
Workers’ Compensation insurance is supposed to be a trade-off. You get wages and medical coverage for your injury without having to prove negligence by the company. In return, you won’t be allowed to sue the company. Unfortunately, things don’t often work out so smoothly.
Don’t Settle for the Insurance Company’s Offer
Workers’ Compensation is still insurance, which means there are insurance companies behind it all. Insurance companies lose money when they pay out claims. So like all insurance companies, Workers’ Comp insurance companies want to try to limit what they have to pay out.
Millions of Dollars Recovered for Regular People & Employees
$500,000+
settlement
For a client who lost their home due to bank mortgage violations. We also got them a free house in the settlement.
$275,000+
settlement
For a client who was in a car crash that resulted in injuries and hospitalization.
$125,000+
settlement
This client had a lawsuit against the government for excessive force.
Steps to To Take When You Are Injured At Work
Knowing what to do following a work accident that results in injury is important. The chaos and shock of the accident can often take over, making it difficult to gather important information.
Insurance companies often seek early low settlements in an attempt to avoid higher payouts. This is why it’s important to contact a Workers’ Comp lawyer early in your case to protect yourself.
#1
Notify Your Employer of Your Injury
If you get hurt at work, you have to notify your employer. The law says you have to give your employer written notice of an accident or injury at work within 15 days. So if you get hurt at work, use your employer’s accident notification form, use a sample form like this, or simply write one out in an email or on a piece of paper. Tell your boss when you got hurt, where you were at work, and how it happened. I’d also recommend keeping a copy for yourself in case you need it later.
Remember—if you don’t give this notice within 15 days, you may not be able to pursue a claim, and your injuries may not be covered.
#2
Seek Medical Attention for your Injuries
Under Workers’ Compensation, your employer’s plan should pay for the cost of your healthcare.
Make sure you attend all of your appointments and do what your doctor tells you to do to fully recover. Your doctor will likely monitor your progress and report back to you, and you should retain any documents you receive from your doctor.
#3
Begin the Workers’ Compensation Claims Process
The final step you’ll go through is the Workers’ Compensation claim process. It’s a process you’re allowed to try on your own, but I typically do not recommend it. The last thing you need to worry about while you’re recovering from your workplace injury is fighting against an insurance adjuster for the pay and benefits you deserve.
Under WorkComp law, you’re entitled to pay that will account for lost wages during your time off. That pay is considered a temporary disability and will be calculated based on a complicated formula. For most workers, the maximum number of weeks’ worth of pay you can receive will be 500.
After you’ve completed your medical treatment, the doctor will inform you that you have reached “Maximum Medical Improvement,” or “MMI.” If you’ve fully recovered, that will generally be the end of your claim. However, if you’re permanently disabled because of a workplace accident, you’re entitled to permanent partial disability pay.
For permanent partial disability, you’ll be assigned a disability rating that will take into account whether you can return to work or go to work at another job. Regardless of what the rating is, you’ll only be entitled to benefits based on up to 500 to 700 weeks’ worth of pay; no matter the rating, it’s important that it is accurate. Otherwise, you won’t get paid enough.
Let Us Focus on the Legal Side of Filing a Workman’s Compensation Suit
We want you to focus on recovering from your injuries.
Let an experienced and knowledgeable attorney work for you with no upfront fees.
Kevin’s Blog
Do I have a Workers’ Comp claim or a Personal Injury Claim?
An injury at work may result in both a Workers' Comp claim and a personal injury claim There are key differences between a Workers' Compensation claim and a personal injury claim. The biggest difference is where and how the injury happened. Usually, if a person is...
Can I receive Workers’ Compensation if I get hurt commuting?
Workers' Compensation is a specialized area of insurance claims that covers workers when they are hurt at work. But what happens if you're hurt when you aren't at work? If you are injured while working in the course and scope of your employment for a New Mexico...
I got in a car crash while driving for work. What should I do?
I was in a Car Accident while at work or while driving my employer's vehicle. Car accidents while working are very common. Our employers often ask us to drive places for them--either as one-time errands or as part of our daily responsibilities of employment. Most...
Difference Between a Personal Injury and Worker’s Compensation Claim in New Mexico
If you've been hurt because of someone else's wrongdoing, you may consider filing an insurance claim or a lawsuit for your injuries. We typically call that a "personal injury" claim--because you have suffered an injury to your person. But what if you get hurt at work?...
Workers Compensation – Maximum Medical Improvement (MMI) – How is it Determined?
When you get hurt at work, you are entitled to two primary forms of benefits under Workers' Compensation: Indemnity Benefits (money) and Medical Care. Your employer's workers' compensation insurance carrier usually covers both. The medical care you obtain is generally...
Can I Change Doctors or get a Second Opinion in my Workers Compensation Case?
If you have been hurt at work, you are generally entitled to two categories of benefits: money benefits for your disability (permanent or temporary disability) and medical benefits in the form of fully paid-for medical care. The Workers' Compensation Insurer is...
What is Maximum Medical Improvement and why does it Matter for my Workers’ Compensation Case?
Types of Benefits in a Workers' Compensation ClaimIf you've been hurt at work and have a workers' compensation claim, you are generally entitled to two kinds of benefits: Indemnity benefits (Money benefits) and Medical Benefits. Indemnity benefits take two forms:...
Workers’ Compensation Denied My Claim – Called it a Preexisting Condition
If you got hurt at work, you've probably been told that you were covered. Your employer's Workers' Compensation Insurance plan is there to provide you with medical coverage and treatment for your injuries, money for your missed time at work, and compensation for any...
Oil and Gas Boom in Southeastern New Mexico Leading to Injuries
Southeastern New Mexico is home to the Permian Basin, one of the largest oil fields in the United States. The field is an important source of oil, natural gas, and potash. Increases in technology and efficiency, combined with increasing demand for oil and natural gas,...
Do I need a Workers’ Compensation Lawyer for my Workers’ Comp Claim?
You got hurt at work. You filed a notice of accident form with your employer. If you live in New Mexico, chances are the insurance company sent you to a doctor of their choosing--maybe Concentra health care, or a similar clinic. You may have received a letter from...
Workers’ Compensation Adjuster Wants an Independent Medical Examination
If the Workers' Compensation Adjuster tells you he or she wants an Independent Medical Exam (IME), you may be in Trouble Under Workers' Compensation law in New Mexico, if you were hurt at work, you are entitled to disability pay and reasonable and necessary medical...
Is my Employer Responsible for my Construction Accident?
If you've been hurt at work while working on a construction or oilfield site, you may have a Workers' Compensation Claim. New Mexico is seeing a boom in construction and oilfield work. The price of oil and growth in new and existing industries mean there's always...
Do I Need a Lawyer for my Workers Compensation Case
Hiring a workers' compensation lawyer in New Mexico can be beneficial for several reasons: Knowledge and expertise: Workers' compensation laws can be complex and vary from state to state. By hiring a specialized workers' compensation lawyer, you gain access to their...
Is my Employer Responsible for my Construction Accident?
If you've been hurt at work while working on a construction or oilfield site, you may have a Workers' Compensation Claim New Mexico is seeing a boom in construction and oilfield work. The price of oil and growth in new and existing industries mean there's always...
How Much is my New Mexico Workers’ Comp knee injury worth?
Determining the exact value of a workers' compensation claim for a knee injury in New Mexico requires a comprehensive evaluation of various factors specific to your case. The value of a workers' compensation claim depends on factors such as the severity of the injury,...
★★★★★
Successful Outcome of the Worker Compensation Lawsuit
“I believe Kevin provided me with support and knowledge for the successful outcome of the Worker Compensation lawsuit. He was instrumental in the favorable outcome of my case.
I was involved in very devastating oilfield accident. And I was overwhelmed by the serious injury lawsuit and Worker Compensation lawsuit that followed. I hired Kevin Holmes as my lawyer. He was highly recommended. He was very professional and dedicated. When I was involved with zoom calls with other lawyers and participants discussing the case, it was apparent to me that Kevin was the expert in the room. He definitely does his homework. Through out the process all my and my wife’s questions were answered.
Kevin kept me updated on the progress of the case in a timely manner. My wife & I benefited from the professional relationship with the knowledge and peace of mind that Kevin had my back through out such a tumultuous event in my life.
My wife and I consider Kevin an exceptional lawyer and, furthermore, a friend.”
-Doug Anderson