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Traditionally, workers' compensation claims were focused on physical injuries, such as slips, falls, or repetitive strain injuries. However, the modern workforce faces new pressures, with many employees struggling under the weight of chronic stress, workplace harassment, or even traumatic events experienced on the job. This has led to a broader acceptance of mental health conditions as legitimate workplace injuries. Types of Mental Health Claims Mental health claims typically fall into two categories: Physical-Mental Claims: These occur when a physical injury leads to a mental health condition. For example, an employee who suffers a serious injury may develop anxiety, depression, or PTSD as a result of the trauma or long-term disability. Mental-Mental Claims: These claims involve a mental health condition caused solely by emotional or psychological stressors without any accompanying physical injury. For instance, an employee may develop anxiety due to a toxic work environment or suffer PTSD after witnessing a traumatic event at work. While many states recognize physical-mental claims, mental-mental claims are more difficult to pursue and are often subject to stricter requirements. Some states have stringent laws, while others offer little to no recognition for claims based on stress or anxiety alone. Challenges of Proving Mental Health Claims in Workers’ Compensation Despite the growing recognition of mental health injuries in workers' compensation, proving a mental health claim is still challenging. Unlike physical injuries, mental health issues are not always visible or easily quantifiable. Here are a few of the key obstacles employees face: 1. Burden of Proof When filing a mental health claim, the burden of proof often falls on the employee. You must demonstrate that your psychological condition was directly caused by your work environment or job duties. This can be difficult, as many stressors can affect mental health outside of the workplace, such as personal issues or pre-existing conditions. 2. Documenting the Mental Health Condition Medical evidence is critical in mental health claims, but it can be harder to gather than for physical injuries. Employees will need to provide documentation from mental health professionals, including diagnoses, treatment plans, and how the condition is related to work. Mental health evaluations can vary, and the subjective nature of stress and anxiety means different doctors may have different opinions on the severity or cause of the condition. 3. Stress vs. Ordinary Job Pressure Workers’ compensation generally doesn’t cover stress that comes from the "ordinary pressures" of a job, like tight deadlines or disagreements with co-workers. To successfully file a claim, an employee must show that their stress or anxiety is abnormal or excessive when compared to what others in a similar role might experience. Claims involving harassment, bullying, or unsafe working conditions are more likely to be considered, especially if the employer failed to address these issues. 4. State Laws Vary Workers' compensation laws vary widely by state, and mental health claims are no exception. Some states are more progressive in recognizing mental health injuries, while others maintain strict limits or outright deny claims for emotional distress without a physical injury. It’s crucial to understand your state’s laws and consult an attorney if you’re considering filing a mental health claim. Steps for Filing a Workers' Compensation Claim for Mental Health If you believe your mental health condition is work-related and you want to file a workers’ compensation claim, it’s important to be prepared. Here are the steps you should follow: Report Your Condition Early: Just as you would report a physical injury, inform your employer of your mental health condition as soon as possible. The longer you wait, the harder it may be to prove the connection to your job. Seek Medical Help: Visit a licensed mental health professional to receive an official diagnosis and begin treatment. Keep detailed records of all visits, diagnoses, treatments, and prescriptions, as these will be critical when filing your claim. Document Work Conditions: Collect evidence of the work-related stress or trauma that led to your condition. This could include emails, reports of harassment, or witnesses to a traumatic event. File Your Claim Promptly: Workers’ compensation claims have deadlines, so make sure to file your claim as soon as you’re aware of your condition and its connection to your job. Missing the deadline could mean losing your right to benefits. Consult with a Workers' Compensation Attorney: Given the complexity of mental health claims, it’s often a good idea to work with an attorney who specializes in workers’ compensation. They can help you navigate the legal process, gather the necessary evidence, and advocate for your rights. The Road Ahead: A Changing Attitude Toward Mental Health As mental health continues to be a prominent issue in workplaces, the landscape of workers' compensation is slowly evolving. Some states are beginning to adopt more inclusive policies that recognize mental health claims, particularly in high-stress professions like first responders, healthcare workers, and educators. The stigma around mental health is also decreasing, allowing more employees to come forward with legitimate claims for stress, anxiety, and other psychological conditions. However, significant challenges remain. Proving mental health claims will likely continue to be more difficult than physical injury claims, and employees must be diligent in documenting their conditions and gathering evidence. Ultimately, with the right support and awareness, filing a workers' compensation claim for mental health is possible—and necessary—to protect the well-being of workers everywhere. Conclusion: Mental Health is Just as Important as Physical Health Mental health is an essential aspect of overall well-being, and it's encouraging to see workers’ compensation laws slowly acknowledging that fact. If you’re struggling with stress or anxiety due to your job, don’t hesitate to seek help and explore your options for filing a claim. With the proper support, you can receive the care and compensation you deserve while raising awareness for the importance of mental health in the workplace.

No Fault System : New Mexico operates a no-fault system for workers' compensation. This means that employees can receive benefits regardless of who was at fault for their injury or illness, as long as it occurred during the course of employment. Coverage Requirements: Almost all employers in New Mexico are required to carry workers' compensation insurance if they have three or more employees. This includes part-time and seasonal workers. Construction Industry Exception : In the construction industry, all employers, regardless of the number of employees, must provide workers' compensation coverage. Agricultural Workers: Interestingly, agricultural workers in New Mexico are exempt from mandatory coverage under the state’s workers' compensation laws, although employers can choose to provide coverage voluntarily. Alternative Dispute Resolution : New Mexico has a unique system in place to resolve disputes related to workers' compensation. The Workers' Compensation Administration provides mediation services to help resolve issues before they require formal litigation. Ombudsman Program : The state offers an Ombudsman Program to assist workers and employers in understanding their rights and responsibilities under workers' compensation laws. This program provides free guidance and can help with the filing of claims. Uninsured Employers' Fund : New Mexico maintains an Uninsured Employers' Fund, which is designed to provide benefits to employees who are injured while working for an employer who illegally fails to carry workers' compensation insurance. Safety Violation Penalties: If an injury is caused by the employer’s willful failure to comply with any statutory regulation or safety provision, the benefits payable to the injured worker may be increased by 10%. Maximum Medical Improvement : After an injured worker reaches what is termed "maximum medical improvement" (MMI), if they are still not able to return to work, they may be eligible for permanent disability benefits depending on the degree of impairment. Workers' Compensation Judges: New Mexico has specialized judges dedicated solely to workers' compensation cases, which helps streamline the process and provide expertise in the adjudication of these claims. These aspects highlight the structured approach New Mexico takes towards protecting workers while also accommodating the needs and responsibilities of employers.

If you are in a workplace accident or get injured on the job, the State of New Mexico Workers’ Compensation Act and Administration has certain requirements with which you must comply before you are eligible to receive Workers’ Compensation benefits, including both medical and indemnity benefits. But there are requirements that your employer must comply with, as well. Notice of Accident or Injury: Your employer is required to display the following WCA poster in a conspicuous place, such as a break room. If your employer fails to post the WCA poster, then an Injured Worker has up to 60 days to give notice of their work injury or illness. Your employer cannot refuse to accept a Notice of Accident form. Similarly, it is unlawful for an employer to retaliate against an Injured Worker for filing a Workers’ Compensation claim. The WCA poster should indicate where to go for medical care and treatment. If you’re in Albuquerque, you may be directed to Concentra for medical treatment of your workers’ compensation injuries. If you are not sure where to get treatment, ask your supervisor or employer. Additionally, the WCA poster should provide contact information for your Employer’s Workers' Compensation insurer and claims representative or adjuster. Most importantly, the WCA poster should provide Notice of Accident forms. Unless your boss or supervisor sees you get injured (in which case they have “actual notice” of your workplace injury) then you must notify your employer, in writing, as soon as possible. It is not enough to give verbal notice to your employer or supervisor. You must fill out a Notice of Accident form, which should be found attached to the WCA poster in your place of employment. An injured worker must fill out, sign, and date the Notice of Accident form and turn it into your employer within 15 calendar days (including weekends and holidays) from “when they knew or should have known” of the occurrence of the accident or injury. The Employer then signs and dates the Notice of Accident and submits it to their Workers’ Compensation insurer. In cases where an injury or illness develops gradually, through repetitive action or exposure, or an injury or illness goes undiagnosed, then the Injured Worker must give notice as soon as may reasonably be done, but no later than 60 days after the occurrence of the accident. Additionally, there are circumstances in which an Injured Worker does not realize the nature or extent of their injuries or condition for years following an occurrence or exposure at work, which may nonetheless be determined or adjudged to be compensable. If you have any questions regarding an accident, exposure, or injury at work, please call Lueker Law, LLC, to schedule a free consultation regarding your case.

Workers’ Compensation