On-the-job accidents happen with alarming frequency in New Mexico. They leave hard-working citizens with painful injuries, expensive medical bills, and financial stress caused by time missed at work. And all too often, these injured workers struggle to get the money they need to cover their expenses and provide for their families.

Did you suffer a work injury in Albuquerque, NM? Then Aaron Rivera and Richard Gonzales, The People’s Attorneys, can review your situation, determine your options for compensation, and pursue a lawsuit on your behalf.

They have several years of experience handling work injury cases. He can take care of all your legal work, giving you the time and space you need during this difficult time. What’s more, you won’t owe us any fees unless we win your case.

Call the Law Office of Rivera & Gonzales, today, or visit our contact page for a free consultation. Find out what an Albuquerque work injury lawyer can do for you.

Can I Sue My Employer for a Work Injury?

If your employer provides workers’ compensation insurance, you generally cannot sue your employer. Workers’ compensation is supposed to be the sole remedy for employees who suffer an on-the-job injury not caused by someone outside their chain of employment. However, those covered by workers’ comp don’t have to prove someone else was to blame for their injuries to receive benefits.

New Mexico requires any private employers to carry workers’ compensation insurance. If your employer does not provide workers’ compensation coverage, you can sue them if they are to blame for your injuries.

What’s the Difference Between Workers’ Compensation and a Third-Party Claim?

In a workers’ compensation claim, there are effectively two parties: you and your employer. You likely cannot sue your employer if they provide workers’ comp insurance. However, their protection from litigation does not extend to third parties outside your chain of employment.



There are several crucial differences between a workers’ compensation claim and a third-party personal injury claim. First, the money you could receive through a workers’ comp claim covers a more limited set of losses than a lawsuit could. If your employer accepts your workers’ comp claim, their insurer will take care of all your medical bills and a portion of your missed wages. You might also qualify for permanent disability benefits, depending on the long-term effects of your injury.

By contrast, a personal injury claim allows you to seek money for:

Additionally, you could potentially file third-party claims against several different parties, such as:

The last critical difference between a workers’ comp claim and a personal injury case is that a personal injury case requires you to prove how another party caused your injury. Workers’ comp benefits are not based on fault; with only a few exceptions, you are entitled to benefits as long as you were hurt at work. A personal injury claim, on the other hand, requires you to prove that someone caused your injury, usually through their negligence or intentional act.

Can I File a Third-Party Claim While Receiving Workers’ Compensation?

Yes, you can collect workers’ compensation benefits and also file a third-party personal injury claim against the person at fault for your injuries, provided they are not your employer or a co-worker. However, if your third-party claim recovers money for your medical expenses and lost wages, you may need to repay the workers’ comp insurer for the money it spent covering those losses.

Contact Albuquerque, NM Car Accident Attorneys Rivera & Gonzales Today

As experienced personal injury attorneys, Rivera & Gonzales are known as The People’s Attorneys for their passion — and compassion — in assisting victims of New Mexico car accidents. They understands the physical, emotional, and financial toll that car accidents can take on victims and their families, and he strives to provide the aggressive representation they deserve.

If you suffered an injury in an auto accident caused by another driver, contact the Law Office of Rivera & Gonzales by phone or online today for a free, no-obligation legal consultation.