After sustaining an injury in a work-related accident, you would expect that your employer would sympathize with you and understand the struggles you are currently experiencing. While most employers are caring and understanding during this time, there are quite a few that seem to make the aftermath of the accident more difficult for an injured worker to get through. In fact, there are even some employers who don’t want to provide their injured employee with the worker’s compensation benefits they are entitled to receive.
The reality is, there are many employees who are faced with issues after having engaged in an accident that occurred at work or while on the clock and many aren’t sure what to do when faced with such circumstances. Therefore, if you recently suffered an injury in a construction accident or any other type of incident that occurred at work and you are finding your employer is giving you a hard time, it is best you contact Albuquerque, NM construction accident attorney Brian K. Branch to learn more about what your legal rights are and how our office can help you get this issue resolved.
What are some of the common types of issues workers are faced with after engaging in a work-related accident?
Some common issues workers are often faced with include:
- Their employer claims they were notified of the accident after the allowable amount of days the employee had to provide them with written notification. In the state of New Mexico, “an injured worker has up to 15 days from when they knew or should have known of the accident to provide written notice to an employer/supervisor” [Source: State of New Mexico Workers’ Compensation Administration]. Now if an employee is “prevented from giving notice of the accident because of circumstances beyond the worker’s control, notice may be extended to 60 days.” While some employees fail to comply with this requirement, others do and are still faced with an employer who simply denies that they submitted their notice on time. If this is an issue you are currently dealing with, contact our office as we can provide you with some advice on how to remedy the situation.
- Their employer discourages them from filing a claim. Employers are not permitted to discourage an employee from filing a worker’s compensation claim, although some do. The fact is, most employers carry worker’s compensation insurance coverage and it is times like these when it should be utilized. Therefore, you should never feel threatened by your employer for filing a claim as they are required to provide you with these benefits given you are entitled to receive them.
- Their employer fires them despite the fact that they were permitted to a leave of absence for the injury they sustained in a work accident. Some work accidents are serious and often result in an employee having to spend time away from work. When this happens and they are given permission by their treating physician to refrain from returning to work, an employer cannot retaliate against them and fire them. Unfortunately, there are some employers who take advantage of their employee’s lack of knowledge and do so anyway. And if this is something you are experiencing, again, don’t hesitate to contact the Law Office of Brian K. Branch, PC located in Albuquerque to find out how we can help you through this difficult matter.
After an employee suffers an injury in a work-related accident, the last thing they should have to deal with is a noncompliant employer who doesn’t want them to receive the benefits they not only need, but also deserve. Therefore, if at any point after your accident transpired you find that your employer is denying you the benefits you are entitled to or they are attempting to retaliate against you for filing a work accident claim, contact us at your earliest convenience so we can provide you with the assistance you need.