A RESPECTED, PROACTIVE WORKERS COMPENSATION ATTORNEY
If you’ve been injured on the job in New Mexico, you’ve found the right place. At Gaddy Law Firm, our workers’ compensation lawyers represent injured workers throughout Albuquerque and across New Mexico in workers’ compensation claims. We focus exclusively on helping employees, not employers or insurance companies, get the medical care and benefits they deserve after a workplace injury.
You may be wondering if you really need a workers’ comp attorney for your workers’ comp claim. Many injured workers start the process on their own, and that’s perfectly fine for straightforward cases. But when your claim gets denied, when the insurance company disputes your benefits, or when you’re facing permanent disabilities that will affect your ability to work, having experienced legal representation makes all the difference.
FROM CLAIMS TO CLOSE, YOU NEED A GREAT WORKERS COMPENSATION LAWYER
When you contact Gaddy Law Firm about a workers’ compensation claim, we start with a free consultation. This is a conversation, not a sales pitch. We want to understand what happened to you, what benefits you’ve received (or been denied), and what challenges you’re facing. We’ll ask about your injury, your medical treatment, your employer’s response, and what the insurance company has told you. Based on that information, we’ll give you honest advice about whether you need a workers’ compensation attorney and what we think your case is worth.
In many cases, having a workers’ comp attorney sends a signal to the insurance company that you’re serious. Sometimes that alone prompts them to make a better offer or approve treatment they previously denied. We’ll handle all communication with the adjuster, the employer, and their lawyers. You won’t have to worry about saying the wrong thing or missing an important deadline.
Throughout this process, we keep you informed. You’ll always know the status of your case, what we’re doing, and what comes next. Our job is to remove as much of that stress as possible by handling the legal complexities while you focus on recovery.
START YOUR RECOVERY TODAY
Your life can change forever due to a workplace injury. A seasoned workers’ compensation injury attorney will get the results you deserve. The Gaddy Law Firm in Albuquerque, New Mexico, takes a stand for you to make sure the insurance company pays for your losses. For an initial consultation, contact us today.
"Contingency" Means You Don't Pay Until You Win
One of the best things about New Mexico’s workers’ comp system is how attorney fees are handled. By law, if we recover benefits for you, the fee is split between you and the employer/insurer. You pay 50% and they pay 50%. Your portion is typically deducted from your award or settlement, so you rarely pay anything out of pocket. There’s also a statutory cap on the total fee, and any fee must be approved by a WCA judge to ensure it’s reasonable. If we don’t recover additional benefits for you, you generally owe nothing. This fee structure makes legal representation accessible even if money is tight after your injury.
Types of Workers Compensation Cases We Handle
Denied Claims
We represent workers whose initial claims have been denied by insurance companies, gathering medical evidence and witness testimony to prove the injury is work-related and compensable under New Mexico law.
Disputed Medical Treatment
When insurance companies refuse to authorize necessary medical care, deny referrals to specialists, or stop paying for ongoing treatment, we fight to get you the medical attention your doctor says you need.
Permanent Disability Disputes
We challenge unfairly low impairment ratings and ensure the correct calculation of permanent disability benefits, including proper application of the modifier formula for workers who cannot return to their previous wages.
Wage Loss Calculations
Insurance companies sometimes miscalculate average weekly wages, exclude overtime or second jobs, or improperly reduce temporary disability payments. We verify that you’re receiving the correct benefit amount.
Construction Accidents
Construction workers face unique hazards and often complex insurance situations. We handle claims for falls, equipment injuries, scaffolding accidents, and injuries involving subcontractors or multiple employers.
Repetitive Stress Injuries
Carpal tunnel syndrome, rotator cuff injuries, back problems, and other conditions that develop over time can be harder to prove as work-related. We work with medical experts to establish the connection between your job duties and your condition.
Occupational Diseases
We represent workers who develop illnesses from workplace exposures, including respiratory conditions, chemical exposures, and other occupational diseases that manifest over time.
Settlement Negotiations
We evaluate settlement offers to ensure they fairly compensate you for both present injuries and future medical needs, and we negotiate better terms when insurance companies lowball their initial offers.
Third-Party Liability Cases
When your workplace injury was caused by someone other than your employer (such as a negligent driver, equipment manufacturer, or property owner) we pursue additional compensation through third-party lawsuits while managing the workers’ comp subrogation issues.
Ready to talk? We're Ready to help
Your life can change forever after a workplace injury. Don’t let the workers’ compensation insurance company dictate what happens to you. The Gaddy Law Firm in Albuquerque, New Mexico, takes a stand for you and your future. For an initial consultation, contact us today.
Frequently Asked Questions
Do I really need a workers’ comp lawyer for my claim?
Not always. If your claim is accepted, benefits are being paid correctly, and your injury is relatively minor, you may not need legal help. But if your claim is denied, if you’re facing permanent disability, if the insurance company is disputing your benefits, or if your case involves complications like retaliation or third-party liability, a workers’ compensation attorney can make a significant difference in the outcome. At minimum, get a free consultation to understand your options.
How long do I have to file a workers' comp claim in New Mexico?
You must give written notice to your employer within 15 days of when you knew or should have known the injury was work-related. In some circumstances like where the employer or any superintendent, foreman, or other agent in charge of the work had actual knowledge of its occurrence, the requirement of a written notice may be excused.
Employers must post conspicuous notices advising workers of the 15-day written notice requirement, and failure to post this notice tolls the time a worker has to give written notice up to but no longer than the maximum 60-day period. This means if your employer didn’t post the required notice, you may have additional time to provide written notice.
The statute provides that if the worker is prevented from giving notice within 15 days by reason of injury or some other cause beyond their control, the worker shall give notice as soon as may reasonably be done and at all events not later than sixty (60) days after the occurrence of the accident.
For injuries that develop gradually, like repetitive stress injuries, the clock starts when you realize the condition is job-related. If you miss this deadline, you could lose your right to benefits, though there are limited exceptions for circumstances beyond your control.
Call the Gaddy Law Firm if you think you may have missed a deadline to file your claim.
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Can I be fired for filing a workers' comp claim in New Mexico?
No. New Mexico law prohibits employers from retaliating against workers for filing legitimate workers’ comp claims. However, an employer can terminate you for legitimate, non-discriminatory reasons unrelated to your injury. For example, if your injury leaves you unable to perform essential job functions and the employer has no suitable alternative work, they may be able to end your employment. But they cannot fire you simply for getting hurt or seeking benefits. If you believe you were fired in retaliation, call the Gaddy Law Firm immediately.
What if my employer doesn't have workers' comp insurance?
If your employer was legally required to have insurance but doesn’t, you still have rights. New Mexico’s Uninsured Employers’ Fund can step in to pay your benefits. You should also report the uninsured employer to the WCA’s Employer Compliance Bureau. Additionally, you may be able to sue the employer in civil court for damages. The workers’ compensation lawyers at Gaddy Law Firm can help with this process.
How much are my workers' comp benefits worth?
The value depends on multiple factors: your average weekly wage, the severity of your injury, your impairment rating, whether you can return to work, and how long you’ll need medical treatment. Temporary total disability pays about two-thirds of your average weekly wage (up to the state maximum). Permanent partial disability benefits are calculated using complex formulas that consider your impairment rating and other factors. An experienced workers’ comp attorney can evaluate your specific situation and give you a realistic estimate of what your case is worth.
Should I accept a settlement offer?
Maybe, maybe not. Settlement offers should be carefully evaluated to ensure they account for future medical needs, lost earning capacity, and permanent impairment. Insurance companies sometimes make early settlement offers before you know the full extent of your injuries. Once a settlement is approved by a judge, it’s final! You can’t come back later for more benefits. Never accept a settlement without having a workers’ compensation attorney review the terms and explain what you’re giving up.
How to Tell You Need a Workers Compensation Attorney
Not every workplace injury requires a workers’ compensation attorney, but certain situations call for legal help. If any of these apply to your case, it’s time to consult with a lawyer:
Your claim has been denied.
Insurance companies deny claims for many reasons. They might claim your injury isn’t work-related, that you didn’t report it properly, or that you were intoxicated. A denial doesn’t mean the end of your benefits. It means you need someone who can challenge that decision and present evidence to the Workers’ Compensation Administration.
The insurance company disputes your benefits.
Maybe they’re paying some medical bills but not all of them. Maybe they’re offering wage replacement at a lower rate than you believe you’re entitled to. Or perhaps they’ve stopped your temporary disability payments before your doctor says you’re ready to return to work. These disputes rarely resolve themselves favorably without legal pressure.
You have permanent injuries or disabilities.
When your doctor determines you’ve reached maximum medical improvement but you still have impairment, the calculation of permanent disability benefits becomes complicated. Insurance companies have their own doctors and actuaries working to minimize what they pay. You need someone working just as hard to maximize your compensation—especially when that impairment affects your ability to earn a living for years to come. If your injuries are permanent, call an Albuquerque workers’ compensation lawyer.
Your employer is retaliating against you.
New Mexico law prohibits employers from firing or punishing workers for filing legitimate workers’ comp claims. If you’ve been terminated, demoted, or harassed after reporting an injury, you may have both a workers’ comp claim and a separate retaliation claim. Luckily, at Gaddy Law Firm, we help with both workers’ comp and employment law cases.
You’re being pressured to settle too quickly.
Insurance adjusters sometimes approach injured workers early in the process with settlement offers. These offers often come before you know the full extent of your injuries or how they’ll affect your future. A good New Mexico workers compensation lawyer can evaluate whether a settlement truly serves your interests or whether you should wait and fight for more.
Even if your situation doesn’t fit these categories, an early consultation can give you peace of mind. Most workers’ comp attorneys, including our firm, offer free initial consultations. There’s no downside to getting professional advice about your rights and options.