Serving Texas & New Mexico Since 1978
Filing a Claim

Our lawyers will guide you through every step of the filing process and are committed to helping you get the care you need to heal from your injuries.

Filing a Workers’ Compensation Claim

Our Experienced Legal Team is on Your Side

Workers’ compensation benefits are a right of most employees in the United States. However, those benefits do not come automatically. There are processes that injured employees must follow in order to receive workers’ compensation benefits.

For assistance with filing your workers’ compensation claim and taking the steps toward receiving the benefits you deserve, contact Trenchard & Hoskins today.

Send us a message or call (575) 214-3888 for a free consultation with our legal team.

Who Qualifies for Workers’ Compensation Benefits?

Workers’ compensation benefits are available to injured employees in most industries. New Mexico, like most states, requires almost all employers to carry workers’ compensation insurance. Specifically, “All businesses that employ three or more workers are required to have coverage,” according to the state’s Workers’ Compensation Administration. Some exceptions to this rule include domestic workers, real estate agents, and workers who are covered by federal programs. If you are not employed in one of these industries, it is highly likely that you qualify for workers’ compensation benefits.

How to File a Workers’ Compensation Claim

The first step of filing a workers’ compensation claim is reporting your injuries to your employer. This must be done within 15 days of the accident. You will need to complete a “Notice of Accident” form and other paperwork as part of the filing procedure. Then, your employer will need to report your injury to their workers’ compensation insurance company.

The doctor who treats your work injury will need to be chosen from a list of medical providers who are approved by the workers’ compensation insurance company, unless you have predesignated your own doctor. The doctor will update your employer and their insurance company on your progress and work with the insurance provider to pay your medical bills.

Other benefits, such as lost wages, are determined by evaluating your injuries and negotiating with the workers’ compensation insurance company. Your injury will be classified as a temporary total disability, temporary partial disability, permanent total disability, or permanent partial disability, and your benefits will be allotted based on that classification.

What if My Employer Does Not Assist Me with My Workers’ Compensation Claim?

Your employer has a responsibility to provide you with assistance if you have been injured on the job. Upon reporting your injury, they must give you the necessary forms and begin the claims process with their insurance company. If they have not taken these steps, are uninsured, or have otherwise hindered your attempt to file a claim, you may be able to recover benefits through the state’s Workers’ Compensation Administration. New Mexico has a system called the Uninsured Employers’ Fund (UEF), which pays injured employees and collects reimbursement from the employer.

We are available for free consultations. Complete our contact form or call (575) 214-3888 today to get started on your case.

Contact Us to Discuss the Details of Your Case

We understand that the process of filing a workers’ compensation claim can be confusing and intimidating. That’s why we’re here to help you at every step of the way. Contact us today with questions and concerns about your unique work injury case.

Contact us today!

Why Are Workers’ Compensation Claims Denied?

Your workers’ compensation claim can be denied. The reason for denying a claim may be because the correct processes were not followed, or could be based on an illegitimate reason. Workers who have been denied workers’ compensation benefits have a right to file an appeal.

The following reasons may be cited for denying your workers’ compensation claim:

  • Late filing
  • Missing paperwork
  • Incorrect filing information
  • Injury is not work-related
  • Employer was not notified
  • Unapproved medical provider
  • Injury was not treated
  • Pre-existing condition
  • Injury caused by intoxication or misconduct
Let Our Team Fight For What You Deserve

Why Choose Trenchard & Hoskins?

  • Speak Directly with Your Lawyer

    We are a small firm dedicated to helping the people of New Mexico and Texas. When you work with us, you speak directly with the lawyer handling your case.

  • Personal Knowledge of Oilfield Cases

    One of our firm's partners, Royce Hoskins, grew up working in oilfields and knows the ins and outs of oilfield injuries and how to fight on your behalf.

  • Proven Record of Success

    Our lawyers have won millions of dollars for our clients, helped pass laws that protect workers, and have successfully handled over 2,600 Workers' Compensation claims.

  • Decades of Experience

    Our attorneys have been fighting for workers and injured victims since 1978 and have the knowledge, dedication, and drive to fight until the very end.

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We Are Ready to Fight for You!
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