What to do if you get injured at work?

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.