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 accident-related injuries leave you unable to work, New Mexico law provides several paths to recover lost wages. Each option depends on factors like where the accident occurred, who is at fault, and your existing insurance coverage.
1. Workers’ Compensation
If you were injured while performing job duties, you likely qualify for workers’ compensation benefits. Under the New Mexico Workers’ Compensation Act (NMSA 1978, Section 52-5-1 et seq.), you may recover:
- Medical treatment costs.
- Temporary total disability benefits (typically two-thirds of your average weekly wage up to statutory limits).
- Permanent partial or total disability benefits if impairments persist.
2. Personal Injury Claim (Third-Party Liability)
If a negligent party outside of your employment caused the accident, you can file a personal injury lawsuit. New Mexico sets a three-year statute of limitations for most personal injury actions under NMSA 1978, Section 37-1-8. Through this claim, you may recover:
- Past and future lost wages.
- Medical expenses.
- Pain and suffering.
3. Uninsured and Underinsured Motorist Coverage
New Mexico requires auto insurers to offer uninsured/underinsured motorist (UM/UIM) coverage per NMSA 1978, Section 66-5-301. If you’re in a wreck with a driver who lacks sufficient liability limits, you can tap your UM/UIM policy for lost wage reimbursement and other damages.
4. Social Security Disability Insurance (SSDI)
If your injuries leave you disabled for at least 12 months or result in death, you may qualify for SSDI. This federal program bases benefits on your work history and average earnings. Visit SSA.gov for eligibility criteria and application steps.
5. Private Short-Term and Long-Term Disability Insurance
Many employers offer short-term disability (STD) and long-term disability (LTD) coverage. These policies replace a portion of your salary when you’re medically unable to work. Review your policy or employee handbook for benefit percentages, elimination periods, and claim procedures.
Helpful Hints
- Report the injury promptly to your employer and insurer to preserve your workers’ comp rights.
- Keep detailed records: medical reports, wage statements, correspondence, and photos of injuries or accident scenes.
- Verify your insurance coverages (auto UM/UIM, STD, LTD) and understand policy limits and deadlines.
- Track all missed work days and calculate wage loss accurately, including overtime and bonuses.
- Consult a personal injury attorney before signing release forms or settlement offers.
- File your personal injury lawsuit before the three-year deadline under NMSA 1978, Section 37-1-8.
- Consider vocational rehabilitation benefits under workers’ compensation if you cannot return to your prior job.