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New Mexico Employees’ Rights and Remedies When Injured by a Third Party While at Work

Posted in Firm News

When someone is injured in a New Mexico motor vehicle accident, they might think that their first and only recourse is to bring a workers’ compensation claim against the employer. However, this benefit is limited and not always available, depending on the circumstances.

Workers’ compensation laws vary by state, but generally, workers’ compensation covers individuals if they are injured at work. In workers’ compensation cases, the employee does not necessarily need to establish that their employer was at fault in order to obtain benefits. However, workers’ compensation benefits are limited to actual expenses incurred.

In certain instances, an employee may be injured due to the negligence of a third party while at work or performing their work-related duties. These cases are aptly called “third party liability” lawsuits. This occurs when the accident or injury stems from a person or entity that is unrelated to the injured worker’s employer.

If a worker is injured by a third party, they may likely commence a workers’ compensation claim; however, even if the claim is successful, it may not cover all of the damages the victim suffered. The employee may also choose to bring a New Mexico personal injury lawsuit against the third party that caused their damages. Similar to a standard personal injury lawsuit, the injured employee must establish negligence, fault, or other wrongful acts and show that these acts resulted in their injuries.

A common example when a situation like this may arise is if a truck driver is hit by a third party while delivering goods or if an employee is injured by a faulty desk chair. In both instances, the accident victim may be covered, to some extent, by their employer, but they may also be entitled to bring a lawsuit against the negligent third party.

Sanitation Truck Workers Struck By Passing Motorist

Recently, two municipal sanitation truck drivers were hit while they were stopping to collect trash. According to  a local news report, the truck drivers were stopped when a man driving a pickup truck hit the rear end of the sanitation truck. The two sanitation workers were injured and were taken to a hospital. The 72-year-old pickup truck driver was killed in the accident. Local police officials are currently investigating the accident and are awaiting the results of the toxicology tests.

Have You Been Injured in a New Mexico On-the-Job Accident?

If you or a loved one has been injured by the negligence of a third party while at work, you should contact the dedicated New Mexico car accident attorneys at the Fine Law Firm. Accidents that occur at work or while performing work-related tasks are often complicated because there can be many entities and issues at play. Too many accident victims are not familiar with their options for pursuing the compensation they deserve. The attorneys at the Fine Law Firm can assist you in determining the proper steps to successfully bringing a lawsuit against the culpable party. If you are successful, you may be entitled to monetary compensation for past medical bills, future medical expenses, and your pain and suffering. For more information, contact one of the attorneys at the Fine Law Firm at 800-640-6590 to schedule your free initial consultation.

More Blog Posts:

Results of Safety Study Conducted by National Transportation Safety Board Confirm the Dangers of Large Trucks, New Mexico Personal Injury Lawyer Blog, December 31, 2017.

Truck Safety Regulation Overhaul Results in Truck Drivers Protest, New Mexico Personal Injury Lawyer Blog, January 4, 2018.