A complaint form must be filled out with the New Mexico Workers Compensation Administration. After the claim is filed, a mediation conference will be held to see if issues in the case can be resolved without a trial. The mediation conference usually occurs within 2 months of the claim being filed. If the claim cannot be resolved, then the case will be assigned to a judge and set for trial. Trials are usually held from 6 months to 1 year, sometimes longer, after the mediation conference. In between the mediation conference and the trial, the parties are allowed to take depositions of witnesses and serve discovery requests on the other party.
IMPORTANT: If you do not file your complaint within one year of the date your employer or insurance company failed or refused to pay benefits, your claim for benefits may be barred.
If your workers compensation attorney thinks they can recover benefits that the employer or insurance carrier are filing or refusing to pay you, they handle all aspects of the litigation at the Workers Compensation Administration from filing the complaint to the trial. Rod Dunn is recognized as a specialist in workers compensation law and has been handling New Mexico cases for 30 years. He will only charge a fee for service if he successfully settles or wins your case at trial.