Welding Accident Attorney in Albuquerque

New Mexico Deadlines After a Welding Injury

Different deadlines apply to workers’ compensation and civil injury claims.

Workers’ Compensation Notice

New Mexico generally requires an injured worker to give the employer written notice of a workplace accident within 15 days after the worker knew or should have known of the accident.

If the injury or another cause beyond the worker’s control prevents written notice within that period, notice must generally be given as soon as reasonably possible and no later than 60 days after the accident.

Written notice may not be required when the employer, supervisor, foreman, or another person in charge already had actual knowledge of the accident.

Workers’ Compensation Claims

New Mexico does not simply measure every workers’ compensation filing deadline from the date of the accident.

When an employer or insurer fails or refuses to pay compensation after the required notice, state law generally provides a one-year period to file a claim for the unpaid compensation. Statutory tolling and different rules for certain benefits or death claims can affect that calculation.

For that reason, an injured worker should not assume that a general online deadline determines whether a claim is still available.

Third-Party Injury & Wrongful Death Claims

New Mexico generally applies a three-year limitations period to personal injury actions.

If a welding accident results in death, the New Mexico Wrongful Death Act also generally provides a three-year period measured from the date of death. A wrongful death action is brought by the decedent’s personal representative for the benefit of the statutory beneficiaries.

Separate rules may apply to governmental defendants and other specialized claims.

Shared Fault in a Third-Party Welding Injury Case

New Mexico follows a pure comparative negligence system in negligence cases.

If an injured worker is found partly responsible in a third-party personal injury action, that does not automatically eliminate the claim. Instead, recoverable damages are generally reduced according to the worker’s percentage of fault.

This comparative-fault analysis is different from the no-fault structure of workers’ compensation.

Reviewing the accident evidence can therefore be important when an insurer or defendant argues that the worker’s own actions contributed to the incident.

Fatal Welding Accidents

When a welding accident causes a worker’s death, eligible dependents may qualify for death or survivor benefits under New Mexico’s workers’ compensation system.

If a negligent third party also contributed to the death, the decedent’s personal representative may be able to pursue a wrongful death action for the benefit of the statutory beneficiaries.

Our firm has substantial experience with serious workplace and wrongful death litigation, including a $13 million work injury result involving an oilfield worker and a $5 million catastrophic amputation result involving a workplace injury.

Past results do not determine the outcome of another case, but they reflect our experience investigating high-stakes claims involving catastrophic workplace injuries.

Discuss Your Albuquerque Welding Accident with Our Attorneys

A welding injury can involve questions about workplace benefits, third-party responsibility, equipment defects, medical treatment, lost earning capacity, and evidence that may disappear as time passes.

We offer free initial consultations, including virtual appointments, and we’re available 24/7. Spanish-language services are also available. Hablamos español.

There are no upfront attorney fees when we handle these personal injury matters on a contingency-fee basis. Our fee is paid from a recovery if we secure compensation for the client.