Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
When an injury prevents you from working at more than one job, you can seek compensation for lost wages through either a workers’ compensation claim (if the injury happened on the job) or a personal injury lawsuit (if a third party caused the injury). Below are the key steps under New Mexico law.
1. Identify the Right Legal Path
If your injury occurred while performing job duties for an employer, you likely qualify for workers’ compensation benefits under the New Mexico Workers’ Compensation Act (N.M. Stat. Ann. § 52-1-1 et seq.). If a third party caused your injury—for example, a negligent driver—you must file a personal injury claim in civil court.
2. Gather Wage Documentation
Collect proof of your earnings from each employer for at least the 52 weeks before your injury. Acceptable documents include:
- Pay stubs or electronic payroll records
- W-2 forms or 1099s if you worked as an independent contractor
- Employer verification letters stating average hours and hourly rate
3. Calculate Your Lost Earnings
Compute the average weekly wage for each job by dividing total earnings by total weeks worked. Under the Workers’ Compensation Act, temporary total disability benefits equal two-thirds of your average weekly wage, subject to statutory minimums and maximums (N.M. Stat. Ann. § 52-1-25). For personal injury claims, lost wages include:
- Past lost earnings: Wages you already missed.
- Future lost earning capacity: If your injury causes long-term or permanent impairment.
Consult with an economist or vocational expert to project future losses. Under the New Mexico Rules of Civil Procedure, you must support future wage loss with expert testimony or reliable data (N.M. R. Civ. P. 26(a)(2)).
4. File Your Claim
Workers’ Compensation:
- Notify your employer in writing within 30 days of the injury (N.M. Stat. Ann. § 52-1-6).
- The employer or its insurer must file a report with the Workers’ Compensation Administration.
- If they deny benefits or dispute your wage calculation, request a hearing before the Workers’ Compensation Judge.
Personal Injury:
- File a complaint in district court within three years of the injury (N.M. Stat. Ann. § 37-1-8).
- Serve the defendant and exchange disclosures, including your wage documentation.
- Engage in mediation or discovery to negotiate a settlement or prepare for trial.
Helpful Hints
- Document every doctor’s visit, physical therapy session and medical expense.
- Keep a log of days you missed work and exact hours lost at each job.
- Notify each employer promptly and follow your employer’s reporting procedures.
- Request wage verification letters early to avoid delays.
- Consult an attorney before filing to ensure you meet all deadlines.
- Consider tax consequences—some lost wage awards may be taxable.
- Be ready to prove mitigation efforts, such as seeking alternative work.