New Mexico Worker's Compensation - Help For Injured New Mexico Workers

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  1. #1
    Join Date
    Oct 2010
    Posts
    2

    Default MMI Settlement in New Mexico

    I have an AMA approved MMI rating of 26%, and I am curious what type of settlement I should expect if any in the state of New Mexico. My work related injury required me to have a L-3 spinal fusion surgery, and I am not even sure if the state offers any sort of compensation due to this injury, thanks.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: M.m.i. Settlement in New Mexico

    Info on claims resolution in NM is here http://www.workerscomp.state.nm.us/pdf/rules/rule4.pdf

    The NM WC statutes are here http://www.conwaygreene.com/nmsu/lpe....0#JD_ch52art1, including the section on Permanent Partial Disability, and how those benefits are paid.

    The indemnity due in your claim is not dependant upon the amount of treatment or type you have received.

    C. Permanent partial disability shall be determined by calculating the worker's impairment as modified by his age, education and physical capacity, pursuant to Sections 52-1-26.1 through 52-1-26.4 NMSA 1978; provided that, regardless of the actual calculation of impairment as modified by the worker's age, education and physical capacity, the percentage of disability awarded shall not exceed ninety-nine percent.

    D. If, on or after the date of maximum medical improvement, an injured worker returns to work at a wage equal to or greater than the worker's pre-injury wage, the worker's permanent partial disability rating shall be equal to his impairment and shall not be subject to the modifications calculated pursuant to Sections 52-1-26.1 through 52-1-26.4 NMSA 1978.

    http://www.conwaygreene.com/nmsu/lpe...2.0#JD_52-1-26
    There are several variables in calculating a PPD indemnity award, including your return to work abilities.

    Read the sections 51-1-26 thru 51-1-26.4 on how PPD is calculated.

    There are a predetermined number of weeks benefits will continue, based on the rating adjustment, at your TTD rate.
    However, in NM, unlike other states....the number of weeks you have received TTD benefits will be deducted from the number of weeks indemnity is due.

    B. If an injured worker receives temporary total disability benefits prior to an award of partial disability benefits, the maximum period for partial disability benefits shall be reduced by the number of weeks the worker actually receives temporary total disability benefits.
    Depending on your adjusted rating, the max number of weeks could be 500 or 700. At 26%, for discussion, 500 X your weekly rate, X 26% would give you an estimate for indemnity due.
    Keep in mind this is not an exact figure, there are too many variables in calculating awards.
    There is no law that requires a lump sum payment.

    Spend some time here http://www.conwaygreene.com/nmsu/lpe....0#JD_ch52art1, when/how/rates ect are defined.

  3. #3
    Join Date
    Oct 2010
    Posts
    2

    Default Re: M.m.i. Settlement in New Mexico

    I am in the process of settling my worker's comp case. I do not have a lawyer that works for me nor do I want one. My question is in regards to a global settlement, as of now my MMI settlement is about $42,500 but the worker's comp lawyer for the insurance advised me that if I were to settle on my future medical coverage as well I could receive a larger settlement from my claim. He is now asking me for a figure as to what I would settle for and I have no idea what to tell him. Is there anywhere I can go aside of a lawyer to be able to gauge what my new settlement amount should be?

  4. #4
    Join Date
    Oct 1971
    Posts
    3,448

    Default Re: M.m.i. Settlement in New Mexico

    He is now asking me for a figure as to what I would settle for and I have no idea what to tell him.
    That's because you're not a lawyer.
    Only an attorney who specializes in worker comp is qualified to evaluate your case based on the specific facts.
    It's impossible for the layman or anyone in this forum to give an educated guess without being acquainted with the rules and regulations of your state.
    Don't play with it - hire a lawyer, you'll be money ahead and save your sanity.

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

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