Month: April 2021

Whether you are an employee or an employer in Albuquerque, it is important to understand how workers’ compensation laws work in New Mexico. For employers, workers’ compensation helps protect your business in the event employees are hurt while on the job. This can include injuries sustained from operating equipment required for their daily tasks, or involvement in an accident while making deliveries for your company. Here are 7 of the most frequently asked workers’ compensation insurance questions and what you can do if you are hurt on the job and having difficulty securing benefits.

1. What is workers’ compensation?
   Workers’ compensation is a type of insurance employers can secure to protect their businesses and their employees. It protects against financial loss for both employer and employee should an employee get hurt on the job or become ill due to a work-related cause. According to the U.S. Bureau of Labor Statistics, work-related injuries are up by 2 percent. The total number of employer-reported injury and illness rate was 2.8 cases per 100 employees in the most recent data from BLS. Having adequate workers’ compensation insurance coverage is a must.
   
2. What does worker’s compensation cover?
   When an employee is injured on the job or suffers a work-related illness, workers’ compensation can cover the costs of medical expenses, lost wages, and any costs associated with ongoing care and recovery. In the event an employee is killed on the job, workers’ compensation covers funeral expenses and may cover any damages from a lawsuit if the employees’ surviving family members pursue legal action.
   
3. What is not covered by workers’ compensation insurance?
   Some situations would not be covered by workers’ compensation insurance and vary by state. Injuries sustained from a fight that was instigated by the employee are not covered by most workers’ compensation insurance plans. If an employee is intoxicated or under the influence of drugs while on the job, any injuries they suffer due to their altered state are not included in workers’ compensation coverage.
   
4. Who pays for workers’ compensation benefits?
   In New Mexico, every employer with three or more employees must provide workers’ compensation coverage to employees. There are some exemptions:
   
   – Workers with employers licensed under the New Mexico Construction Industries Licensing Act.
   – Household workers
   – Real estate agents
   – Agricultural laborers
   
   Workers’ compensation insurance coverage costs depend on the unique risks of each business. The size of the business, the type of work employees performs, and state laws all factor into the total cost of workers’ compensation insurance. Employees are not responsible for paying for workers’ compensation benefits. The employer must cover all costs associated with workers’ compensation.
   
5. What should employees do if they are hurt on the job?
   The first thing an employee should do if they are hurt on the job or suffer a work-related illness is to notify their supervisor as soon as possible. The report should include the date, time, and description of how the injury happened. New Mexico law requires employees who are injured on the job or who suffer a work-related illness to notify their employer within 15 days. If circumstances prevent notification within that period, it may be extended to 60 days. An example would be if an injury is serious enough to hospitalize the employee with injuries that prevented communication with their employer.
   
6. How do you file a workers’ compensation claim?
   Employers have a responsibility to file a workers’ compensation claim with their insurance provider as soon as an employee reports a work-related illness or injury. Depending on the type of injury, the employee may require immediate medical attention, which can include calling an ambulance or providing them with transportation to a hospital or medical provider. If an injury or illness requires time off from work, an employer will need to approve it as paid time off. Employers must gather certain information necessary for filing a workers’ compensation claim. It can include (but is not limited to) details of the incident and personal information about the employee who was injured.
   
7. What if workers’ compensation does not cover all the costs associated with the illness or injury?
   Sometimes workers’ compensation insurance coverage is inadequate or limited. Other times, the ongoing treatment required for recovery exceeds the coverage. For workers who suffer a permanent disability that prevents them from returning to work, additional compensation may be necessary. When the workers’ compensation insurance coverage is insufficient, workers have the option of filing a third-party negligence lawsuit to recover the additional costs associated with their illness or injury.  Consulting with an attorney who is knowledgeable in workers’ compensation insurance law is the best course of action. Bill Russell has extensive experience in personal injury and workers’ compensation cases and can work with employees to ensure they get the compensation they deserve. Reach out to him today to schedule your no-obligation consultation.

The statistics on truck crashes in New Mexico are alarming. According to the New Mexico Department of Transportation’s annual crash report, heavy trucks were involved in 2,939 crashes. Of those, 56 involved fatalities. In fact, the state is number three in the nation for dangerous driving, with approximately 52 deadly crashes per 100,000 drivers. New Mexico is surpassed in the number of reckless drivers only by Texas and Mississippi. That is not a point of distinction in which most residents take pride.

New Mexico is home to some of the busiest highways in the nation. Interstates 25 and 40 are among the quickest and most direct routes from New Mexico to California. Where these two roadways intersect is known by locals as the “Big I,” which is not a positive connotation. This crossroads is notorious for having some of the most frequent and severe crashes in the state. These roadways are dangerous enough without adding in distracted or speeding drivers, or those under the influence of drugs or alcohol.

Contributing factors in truck crashes

Most commercial truck drivers who must travel to California do so by way of New Mexico. The familiarity with the state does not decrease the odds of being involved in a traffic crash while traveling on its roadways. On I-25 and I-40, there are many long and lonely miles with very few rest stops for truckers. Add in these contributing factors, and it can spell disaster:

• Distracted drivers are responsible for crashes that cause serious injuries deaths each year. The latest figures available for New Mexico attribute 167 fatalities to distracted driving and more than 21,000 crashes. Distracted driving is not just about texting or talking on the phone while behind the wheel. It can include setting your navigation system, finding a radio station, and eating food or drinking beverages.
• Fatigue is another issue that can plague truck drivers when they are behind the wheel. Federal regulations, known as Hours of Service, dictate when commercial drivers must rest and take breaks.
• Unfamiliar roadways can complicate driving a big rig. Even drivers who are using a GPS system to help them navigate can become confused. GPS systems also can lead to distracted driving.
• Speeding is a contributing factor in many vehicle accidents in New Mexico, and not just the ones involving trucks. The state is unique in that it does not force a lower speed limit for tractor-trailers on roadways. The heavier the truck, the more difficult it is to stop quickly when traveling at high speeds.
• Weather changes frequently in New Mexico. One minute it can be hot with the sun glaring through your windshield, and the next it can be stormy with flash flooding.

Higher standards, harsher penalties

Commercial drivers are held to higher standards when it comes to safety on the roadways. Additional skills and expertise are needed to operate big rigs. Truck drivers are expected to strictly adhere to federal safety regulations dictating when they must take breaks from driving. If they are caught violating federal safety standards, the penalties are severe. It is not just the drivers who are accountable when crashes occur. Drivers (and their trucks) can be placed on lockdown and they may face fines from local and state law enforcement. The Federal Motor Carrier Safety Administration (FMCSA) also can levy civil penalties on a driver or carrier from $1,000 to $11,000, depending on the severity of the incident. Trucking companies and shippers who have hired independent owner-operator truck drivers to move their freight are financially and legally responsible as well, especially if failure to follow guidelines causes an accident.

There are some rules truck drivers must follow regardless of whether the state they are traveling through has similar laws on the books. For example, the FMCSA does not permit commercial drivers to use a cell phone while driving. Only wireless Bluetooth earpieces can be used while a truck is in operation. Some commercial trucking companies go so far as to require drivers to submit to regular alcohol and drug screenings.

Truck drivers are not always at fault in an accident. However, they are scrutinized more closely due to federal regulations. In addition to losing their commercial license for infractions, they also can be personally liable for any injuries or property damage caused due to negligence or failure to follow federal safety guidelines.

How is fault determined in a truck crash?

Whether you are a commercial driver involved in an accident or an injured party, determining fault is crucial if legal action is pursued. Commercial trucking companies can leverage a multitude of resources to defend against personal injury lawsuits involving their drivers. Independent owner-operators may not have that advantage.

Police reports and any citations issued at the scene of an accident carry the most weight when assigning fault in a truck crash. On-scene police investigators conduct an official investigation which can include talking to witnesses and all parties involved. Sometimes blame is obvious and due to factors like excessive speed or driving under the influence. Reports from insurance adjusters also are factored into the decision.

Choosing the right representation

Choosing the right representation can make all the difference in your truck crash case in Albuquerque, New Mexico. Whether you are a driver who needs to defend against charges after an accident, or a victim who was injured, Cameron & Russell can help. We have extensive experience in both criminal defense and personal injury. Give us a call at 505-218-7844 or drop us a line and a member of our team can schedule your no-obligation consultation.

It was the meow heard round the world. By now, we have all heard about the unfortunate incident involving a Texas lawyer who showed up for court via Zoom looking like a cat. Unbeknownst to the attorney, the laptop he borrowed for his Zoom court appearance had a filter turned on that morphed him into a cat. He had no clue how to make it stop, forcing him to make his formal announcement on a case in the 394^th looking like a kitty.

At least the judge presiding over the case had a sense of humor about the situation. He tried talking the attorney through the process of removing the filter that was making him look like a fluffy, cuddly kitty to no avail. When that was unsuccessful, the judge tweeted about the incident, advising lawyers how to make sure they put their best face forward in the Zoom courtroom.

Zoom and other video conferencing tools have boomed since the COVID-19 pandemic forced the world to conduct business differently. The technology is a great resource for helping with due process, but it is not without pitfalls. While some in-person court appearances have begun resuming, others still are conducted via video conferencing as the need arises. Knowing how to conduct yourself online – and where the “filter off” button is – can save you from making an embarrassing gaffe during your next virtual court appearance. Here are some guidelines that can help.

Mute that microphone

Unmuting is the new “reply all” of video conferencing. It is one of the quickest ways to embarrass yourself if you are unaware you have a hot mic. Most video conferencing tools allow participants to turn off their microphones. Some even make it the default, forcing you to manually turn it on when you are ready to speak to others on the call. Going one step further and turning off the video also is an option. If you are presenting in virtual court and the judge requires the video to be on, then you can turn it on when it is your turn to speak. If you are unsure how to adjust these settings, here are some quick tips on how to do it.

Zoom makes it easy to control your camera and microphone. Once you are logged in to your account, go to Settings > Audio > Mute Microphone and Settings > Video > Turn Off Camera when joining the meeting. Once you are in the meeting, you will see a microphone and video icon at the bottom of your screen that allows you to easily turn them on or off as needed during the live video conference.

Select a virtual background

With more people conducting business from their homes these days, there is always a question about what is showing up in your background while on camera. If you wish to protect your privacy – or just hide your messy workspace – Zoom has a great feature called Virtual Background. Zoom provides a few pre-loaded options to use. You also can upload your photos. Using a free photo service like Pixabay or Pexels can help you locate appropriate background photos for uploading. We recommend sticking with photos that are not “too busy” to cut down on pixilation issues. You want the background to look natural without going overboard.

To access the virtual background feature, go to Settings > Virtual Background and then choose a pre-set background or upload your own. Then you click on the background you prefer and – voila! – your personal space is instantly transformed into however you want it to look to others on the call.

Using filters the right way

It is important to note that the unfortunate cat lawyer look was not due to a filter within Zoom. It was a separate filter installed on the laptop the attorney had borrowed. That is why when the judge was trying to walk the attorney through the process of turning off filters within Zoom, it was not resolving the issue.

Zoom offers filters if you wish to use them. They can come in handy if you are not confident with your appearance on camera for any reason. If you would like to give Zoom’s filter feature a go, here is how to access it. When you are in a live meeting, you will see an up arrow next to the “Start Video” option on your screen. Click the up arrow, and then select Video Settings. Under My Video, you will see a box that says, “Touch Up My Appearance.” Check that box and Zoom will automatically adjust the way you appear on the screen.

Sharing your screen

This is a helpful feature that allows Zoom participants to show others on the call what is displaying on their computer screens. In a virtual court scenario, it could be used to present documentary evidence. It makes it much easier for all participants if they can view the documentation as displayed on your screen.

Sharing your screen is easy in Zoom. At the bottom of your display, you will see a green button with an up arrow that says, “Share Screen.” Once you click on the button, you will be given the choice to share your entire monitor or just one open window or program. Select whichever option is most appropriate. If you will be going back and forth between different documents, it is recommended to share your monitor for ease of use for all participants.

Once you are finished sharing your screen, be sure to click the same button again at the bottom of your screen. This time, it will say, “Stop Sharing.” Be advised that if you fail to stop sharing, your screen will continue to be visible to all participants, which opens its risks of embarrassment in front of your legal peers.

Recording the session

Zoom allows participants to record the session for use later. You can record it and download it directly to your computer or the cloud. There are some limitations to this feature. Recording only works on a desktop or laptop, not mobile devices like cell phones. Recording to the cloud is only available to premium Zoom customers.

Another limitation with this feature is the meeting host can restrict the ability of other participants to record without first asking for permission. If you try to record the meeting and the host has restricted it, you will see a pop-up notice saying you must “click here” to request permission from the meeting host to record. Keep in mind the host can deny your request to record.

A final word on legal Zooming

These are just a few tips those in the legal profession will find helpful during Zoom hearings and proceedings. It is never a bad idea to sign up for a Zoom 101 webinar or another online course to learn more ins and outs of the video conferencing platform. Even as the legal profession returns to some semblance of normalcy, virtual hearings and other proceedings are not going to simply stop. There will be times when they are appropriate, so it is best to sharpen your virtual court skills so yours is not the next meow going viral on social media.