Legal Question in Workers Comp in New Mexico

Help

I could not find any Attorney's for New Mexico on your list, for W/C and ADA Discrimination. I have an Attorney but he does not seem to be giving me much advice on the W/C matter. He called and told me that W/C wanted to settle my case and made an offer. I told my Attorney that I would settle with them only if they allowed me to go back to work, but the documents they sent me to sign for the settlement state that I admit that I can't do the job any longer and that is not true. I had a total left knee replacement, that does not stop me from working. They resently hired a Deputy with a wooded leg for God Sake to do the job that I was doing out on the road. Why is he able to do the job and I'm not, no what is going on is that the Under-Sheriff is making an attempt at removing all hispanics from the Sheriff's Office. It's not going to work This is New Mexico for God Sake. I would be very grateful to anyone that can help me with these problems as for advice or recomendations that can be made to me. Thank You.


Asked on 5/31/99, 2:46 am

1 Answer from Attorneys

Joseph Spingola Joseph J. Spingola - Attorney at Law

Re: Help

This is a very difficult question. You are in New Mexico. I cannot be certain of what your Workers' Comp laws may provide. It may be difficult, as you are finding out, to find a lawyer who knows the Work Comp laws. This is true in a number of states. Generally, Work Comp does not provide a return to work. However, you may be able to make a demand for an accomodation under the ADA act. Then the employer is obligated to do something. You could lose that right if you sign a settlement where you admit you cannot do the work. But I can't tell what work you do. If you are a deputy sheriff, it may be difficult to find an accomodation for you. If you are a civilian employee it would be much easier. If you are correct that they are trying to exclude Hispanics, then you have a Title VII action for discrimination but be prepared to go a very long time before getting any results at all. You should ask all these questions of your attorney at a meeting at his office and not on the phone. He should be willing to answer them for you and if not you should consider another attorney. I hope this is of help to you.

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Answered on 6/02/99, 12:16 am


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