An Injury Attorney in New Mexico can help when a person’s workers compensation claim has been denied because the employer or insurer disputes whether the employee deserves these payments. For example, problematic behavior on the job can lead to an injury, but this doesn’t necessarily mean that the employee cannot qualify for workers comp.
A scenario in which a person’s behavior led to an injury could involve an attempt to fix a malfunctioning machine without turning it off first. Turning it off and starting it up again can be a hassle, and may even slow down the work of other employees. Consider a canning factory palletizer in which some cans have tipped over and cannot be packed that way. An employee can have his or her fingers severely pinched while trying to turn them upright while the cans continue to vibrate and move.
Nevertheless, even though the employee was technically at fault for the injury, a workers compensation attorney in New Mexico may have little trouble overturning a denied claim. The person was injured while attending to job duties, even if an error in judgment was made.
If the injury occurred because of goofing around and roughhousing at work, the situation becomes more complex for a compensation attorney in New Mexico. In legal terms, this behavior is known as horseplay, and employers and insurers alike tend to fight workers comp claims related to horseplay. The employee may need an attorney who works on cases as a trial lawyer in New Mexico because the matter may proceed to court before a resolution is determined.
Some states allow employers and insurers to deny workers comp claims resulting from horseplay, and New Mexico is one of them. The state also allows claim denials if the employee was intoxicated or was trying to injure someone else. It becomes more difficult to challenge the denial if the employer has specifically stated in written guidelines that these types of activities are prohibited on the work site.
A personal injury lawyer in New Mexico may be able to show that the employee was not directly involved in the horseplay incident and instead was injured as a bystander. There may be other strategies that can overturn the claim denial as well. It is important for a claimant to contact a law firm for assistance when a claim is denied.