Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
In New Mexico, accident victims can claim lost wages as part of their economic damages against the at-fault party’s insurance company or through other benefit programs. Below are the primary routes to recover those losses:
- Personal Injury Claim: If another party caused your accident, you can file a personal injury claim under New Mexico’s tort law. You must establish fault and document your wage loss with pay stubs, tax returns, employer statements, and any doctor’s notes confirming your inability to work. Under NMSA 1978, §41-4-4, you may recover both past and future lost earnings as compensatory damages. (NMSA 1978, §41-4-4)
- Automobile Insurance Claim: New Mexico requires bodily injury liability coverage. You can submit an accident claim to the at-fault driver’s insurer. The insurer will evaluate your documented wage loss and may issue you a settlement. If they underpay or deny your claim, you have the right to sue for breach of contract and bad faith.
- Workers’ Compensation Benefits: If you were injured on the job, New Mexico law mandates workers’ compensation coverage. You can file for wage-replacement benefits, which generally pay two-thirds of your average weekly wage, up to statutory limits. Benefits continue until you reach maximum medical improvement. (NMSA 1978, Chapter 52, Article 1)
- Short-Term and Long-Term Disability Insurance: If you purchased a private disability policy or your employer provided one, you can file a claim for benefits. Short-term disability typically covers up to six months, while long-term disability can extend for years or until retirement age, subject to policy terms.
- Social Security Disability Insurance (SSDI): For serious injuries that last at least 12 months or result in death, you may qualify for SSDI through the federal Social Security Administration. Approval can take several months, so apply early.
- Family and Medical Leave Act (FMLA): Although FMLA does not provide pay, it grants up to 12 weeks of job-protected leave for serious health conditions. Pairing FMLA with disability benefits can preserve your position while you recover.
Helpful Hints
- Keep detailed records: save all medical reports, employer communications, and financial statements.
- Notify insurers and your employer promptly: missing deadlines can forfeit your benefits.
- Get a doctor’s note: a clear medical opinion linking your injury to your inability to work strengthens your claim.
- Consult an attorney early: they can help calculate future wage loss and negotiate with insurers.
- Compare settlements: don’t accept the first offer—insurers often start low.
- Understand your policy limits: know caps on disability or workers’ comp benefits.
- Explore alternative income: part-time work or remote tasks may reduce your net loss and demonstrate mitigation efforts.