Question 1

What is the non-emergency contact number for the local police station in Las Cruces, New Mexico?

Accepted Answer

Call the Las Cruces Police Department at (575) 526-0795 for non-emergencies.

Question 2

Where can I get a copy of police report for incidents related to my case in Las Cruces, New Mexico?

Accepted Answer

You can request a copy of a police report from the Records Section by calling (575) 528-4137. If you need a traffic accident report, you can purchase it online at https://buycrash.lexisnexisrisk.com/ui/agency-search

Question 3

Can you recover lost wages for the missed work through workers’ compensation in Las Cruces, NM?

Accepted Answer

If your Las Cruces doctor instructs you to take time off work to recover from the injury, yes. You will receive the disability benefit, which pays two-thirds or 66% of the average weekly salary you earned before getting injured. Note that your first seven days of missed work are not paid. You will only be paid disability benefits for this first week if your work absence lasts over 30 days.

Question 4

What does the workers’ compensation claims process look like in Las Cruces, NM?

Accepted Answer

Generally, the workers' compensation claims process in Las Cruces flows like below:

Worker notifies the employer of the injury and request for medical treatment within 15 days. (Employer is entitled to pick the medical provider.)
Worker informs the medical provider that the injury is work-related.
Worker completes and submits a Notice of Accident form to employer.
Employer reports the injury to the insurance company within 72 hours.
Insurance company accepts or denies the claim 10 days after.

Question 5

Can you change your doctor while on workers’ compensation benefits in Las Cruces, NM?

Accepted Answer

Yes, you can change your doctor after 60 days of seeing the Las Cruces medical provider selected by the employer/insurance company. If you were the one who chose the doctor for the initial medical treatment, the employer/insurance company will also have the right to change your doctor after 60 days. The party wanting to change doctors should send a completed “Notice of Change of Healthcare Provider" form to the other party. The change should be agreed on by both parties.

Question 6

If you don’t agree with the benefits or your claim is denied, do you have to go to trial in Las Cruces, NM?

Accepted Answer

No, most claim disputes in Las Cruces don’t go to trial. After a workers’ compensation complaint is filed, a mediation conference between parties is arranged in 60 days. The parties shall try to settle issues during this conference with the help of a mediator. The mediator shall provide a recommended resolution which the parties must accept or reject within 30 days. A rejection is what finally brings a workers' compensation dispute before a judge in a formal trial.

Question 7

What if a third party caused your injury at work, can you still claim workers' compensation benefits in Las Cruces, NM?

Accepted Answer

Generally, yes, if you were injured in the workplace or while performing your job. A worker on a delivery run getting crashed by a drunk driver, or a construction worker getting injured in the worksite by the negligence of an independent contractor, can claim workers’ compensation benefits as well as file a personal injury claim against the third party. A Las Cruces workers’ compensation lawyer can help determine if you have a case for workers’ compensation and third-party injury.

Question 8

What does a workers’ compensation attorney do?

Accepted Answer

Workers’ compensation attorneys help injured employees recover monetary benefits following workplace accidents and illnesses. Attorneys in this practice area provide legal advice, gather evidence, review medical records, prepare petitions, and negotiate insurance settlements. They also represent clients’ interests during court cases and administrative hearings overseen by state workers’ compensation boards.

Question 9

What are the benefits of filing a workers’ compensation claim?

Accepted Answer

Workers’ compensation insurance gives employees access to vital cash benefits in case of workplace injuries or illnesses. Filing a claim can help injured workers pay for medical care, physical therapy, and essential living expenses while they recover from a temporary or permanent disability. Workers’ compensation also pays for funeral and burial expenses following fatal workplace injuries.

Question 10

How long does a workers’ compensation claim stay open?

Accepted Answer

Workers’ compensation claims typically remain open as long as the individual is receiving treatment or until the injured party reaches maximum medical improvement. This milestone varies for each person, and it can take years to determine whether a disability is temporary or permanent. Additionally, there’s a fixed time limit for filing a lawsuit. The statute of limitations can be anywhere from six months to two years from the date of the injury or the date of the last payment, depending on the worker’s state of residence. A qualified attorney can explain your state’s specific rules.

Question 11

What is the average payout for a workers’ compensation claim?

Accepted Answer

Nationally, the average workers’ compensation claimant receives $21,800. Payouts range from $2,000 on the low end to upwards of $60,000 for well-compensated workers in high-income areas. The exact amount depends on the claimant’s average weekly paycheck, the extent of the injuries, and their state of residence. Individuals who accept an insurance settlement or initial offer typically receive less than those who negotiate or have an attorney represent them before an arbitrator or workers’ compensation judge.

Question 12

How are settlements calculated in workers’ compensation cases?

Accepted Answer

Settlements typically cover current and future medical expenses, vocational rehabilitation or retraining, and two-thirds of lost wages. The total amount may vary depending on whether the worker’s disability is temporary or permanent. Workers’ compensation also pays death benefits, including funeral expenses and two-thirds of wages for up to 25 years or a state-specified maximum.

Question 13

What is workers comp?

Accepted Answer

Workers' compensation is an insurance program that provides medical care, rehabilitation, and other benefits for employees who are injured or fall ill while performing assigned work duties. Common reasons for filing a workers' comp claim include slip and fall injuries, machinery accidents, or muscle strains while lifting heavy items.

All businesses must carry some form of workers' compensation insurance, with minimum guidelines imposed by the state of residence. Workers' comp is intended to safeguard both the employee and the employer by providing a social safety net. This can protect companies from civil suits and guarantee that injured employees receive the benefits they need.

Question 14

What does workers comp cover?

Accepted Answer

Workers' compensation insurance covers benefits associated with a wide range of accidents and illnesses that may occur in a place of work. This can include:

Medical benefits, such as payments for treatments, hospitalizations, or surgeries
Compensation for lost wages while not working
Coverage for ongoing care, such as physical therapy
Continued access to benefits, including insurance provided through an employer
Disability benefits, if an injury results in a permanent loss of functioning in some manner
Death benefits and funeral expense coverage

How and when workers' compensation coverage applies depends on the illness or injury in question and the results of a medical exam. An unsatisfactory ruling by an insurer can be appealed with help from a workers' comp attorney.

Question 15

What does a workers comp defense attorney do?

Accepted Answer

A workers' compensation defense attorney is a legal professional who represents the employer in a workers’ comp case. Typically, the defense attorney works to minimize the employer’s liability and reduce the amount of benefits to be paid out.

Question 16

When does workers comp start paying?

Accepted Answer

How and when workers' comp starts paying can depend on both the circumstances and the state in which an injury took place. In most areas, benefits related to medical care start paying out immediately, even before a claim is formally processed or accepted. Once a case is approved, injured workers may be entitled to other benefits, including coverage for lost wages.

Question 17

How much is workers comp insurance for self-employed people?

Accepted Answer

Workers' compensation isn't required for self-employed individuals, but those working in dangerous industries, such as construction or manufacturing, may choose to purchase policies. In some cases, employers may request this coverage when hiring a contractor. While costs will vary based on industry and location, most freelancers can expect to pay around $25 to $50 per month.

Question 18

How do I file a workers comp claim?

Accepted Answer

A workers' comp claim is best filed as soon as an injury occurs. In some states, there are time limits, such as one month following an incident.

After an injury, an employee must notify their employer. The employer must then provide access to the necessary forms and offer guidance. Employees must fill out all forms and return them to the employer who then files them with the insurer. Some states have additional requirements, including assessment by a medical provider. Once the paperwork has been filed, the insurance provider issues a ruling. If the ruling is unfavorable, the employee may choose to appeal the decision with the support of an attorney.

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Frequently Asked Questions

What is the non-emergency contact number for the local police station in Las Cruces, New Mexico?

Can you recover lost wages for the missed work through workers’ compensation in Las Cruces, NM?

What does the workers’ compensation claims process look like in Las Cruces, NM?

Can you change your doctor while on workers’ compensation benefits in Las Cruces, NM?

If you don’t agree with the benefits or your claim is denied, do you have to go to trial in Las Cruces, NM?

What if a third party caused your injury at work, can you still claim workers' compensation benefits in Las Cruces, NM?