What Is the New Mexico Workers’ Compensation Act?

Prior to accepting responsibilities as a judge, Shanon Riley built an accomplished career as an attorney through positions with law firms and government entities across New Mexico. Drawing on this experience, Shanon Riley now serves in her capacity as workers’ compensation judge with the New Mexico Workers’ Compensation Administration.

New Mexico enacted its first workers’ compensation regulation in 1927, less than two decades after it became a state. This original law prevented employees injured on the job from suing those who had purchased insurance while also ensuring that workers who had been injured had access to medical care and compensation. Since its first iteration, the New Mexico Workers’ Compensation Act has undergone several revisions to ensure that it meets the needs of all parties.

Today, employers with at least three workers must purchase workers’ compensation insurance to protect employees in cases of illness or injury. This coverage is mandatory for all employers but a few, including those who employ farm workers, real estate salespeople, and domestic servants.

As of 2016, the act also provides a number of benefits to employees who incur injuries while working on the job. For instance, these individuals will receive medical coverage for any physician visits or therapy sessions they must attend to help overcome their injuries. Those who do not work for extended periods of time due to injury may receive temporary, permanent partial, or permanent total disability compensation to make up for lost wages.

The Origin of Workers’ Compensation in the United States

A graduate of the University of New Mexico, Judge Shanon Riley holds a bachelor of arts and a juris doctor. Since 2011, Judge Shanon Riley has worked with the New Mexico Workers’ Compensation Administration. In the United States, the push for workers’ compensation law was inspired by The Jungle, a 1906 novel by Upton Sinclair that unveiled the horrors present in Chicago slaughterhouses. That same year and then two years later, Congress passed the Employers’ Liability Act, which removed restriction on contributory negligence.

Around this time, Montana, Maryland, New York, and Massachusetts all attempted to pass workers’ compensation acts but failed. Wisconsin became the first state to pass comprehensive workers’ compensation laws in 1911. Mississippi was the last state to pass similar legislation in 1948.

The earliest workers’ compensation laws had employers pay medical expenses and replace lost wages in the event of injury. In return, employees forfeited any right to sue for dangerous working conditions. Today, the backbone of these laws has stayed the same although the details have become more complicated. In most states, employers are required to carry workers’ compensation insurance.

The Workers' Compensation Administration’s Ombudsman Program

With a BA in criminal justice from the University of New Mexico in Albuquerque and a juris doctor from the university’s School of Law, Judge Shanon Riley has been providing legal services in New Mexico since she graduated in 2001. In 2011, Judge Shanon Riley took on her current position with the Workers’ Compensation Administration of New Mexico.

The Workers’ Compensation Administration offers a program whereby workers or employers facing a workplace injury case can call an ombudsman to help them with it before or instead of hiring a lawyer.

Ombudsmen are available to offer information and explain a party’s rights while staying neutral to either side of a given case. Often, ombudsmen can act as mediators to help resolve an issue of communication between two parties. Any call to ombudsmen is totally confidential, however, and they will never contact the other party without permission.

Workers’ compensation lawyers work to argue a case in a client’s favor and do their best to achieve a favorable outcome. It’s best to get a lawyer for a more complex case, while ombudsmen are ideal to help when the problem is simple and easy to resolve. An ombudsman’s services are free and available to anyone who does not have a lawyer. The WCA ombudsman program is reachable at the helpline, 1-866-WORKOMP.

Ruling Expands New Mexico Workers’ Compensation Rights

A legal professional presiding over cases in the New Mexico Workers’ Compensation Administration, Judge Shanon Riley decides cases involving workers’ compensation claims. Before becoming a judge, Shanon Riley served the public as senior trial attorney with the New Mexico First Judicial District Attorney’s Office.

In June 2016, the New Mexico Supreme Court decided a case with major consequences for the state’s employers and employees. The court’s decision strikes down a portion of state law that omits workers on farms and ranches from the New Mexico workers’ compensation system. In essence, those workers, numbering in the tens of thousands, can now secure financial assistance from their employers in the event they hurt themselves on the job.

The judges voted in favor of the decision by a four-to-one majority, with the lone dissenting voice arguing that to overturn the law was to infringe on legislative authority. The decision agrees with that of a lower court.

In addition to the workers’ compensation ruling, the New Mexico Supreme Court ruled on the state’s Assisted Suicide Act. The unanimous decision upholds the act as constitutional.

Bernalillo County District Attorney's Office Helps Crime Victims

 

Judge Shanon Riley presides over court proceedings, establishes rules and procedures in the courtroom, and mediates between litigants in her appointment as a judge for the New Mexico Workers’ Compensation Administration. An experienced public servant, Judge Shanon Riley began her law career as an associate trial attorney in Albuquerque, New Mexico, at the Bernalillo County District Attorney's Office.

Many of the legal issues handled by Bernalillo County District Attorney's Office involve victimization crimes. To address the unique needs of the victims of violent crimes, the district attorney’s office launched the Victim Impact program, which provides information, support, and assistance to victims and their families.

Professional advocates within the Victim Impact program help victims navigate the criminal justice system. Advocates plan and assist with client safety, provide referrals to legal and medical help, and direct clients toward financial assistance and counseling services. Additionally, advocates orient the victim with the legal process, explaining court proceedings, assisting with paperwork and legal documentation, and keeping victims abreast of developments in their case.

Southwestern University’s Moot Court Honors Program

Judge Shanon Riley currently serves as a workers’ compensation judge for the New Mexico Workers’ Compensation Administration. She attended Southwestern University School of Law, where she participated in the moot court honors program. During her involvement, Judge Shanon Riley was a finalist for both Best Oralist and Best Writer.

A nationally recognized program, the Southwestern University (SU) moot court honors program is open to students who excel at the intramural competition. With a large number of participants and top award winners, SU’s program is one of the most active in the United States. Students selected to participate attend local, regional, and national competitions, where they compete against students from other schools in hypothetical cases. The students compete as oralists, writers, or team coordinators and conduct legal research, draft court briefs, and present arguments.

The moot court intramural competition at SU is organized by a board of governors who advise program members throughout their practice and preparation.

What Is a Pro Se Worker and Their Benefits under the NMWCA

A member of the State Bar of New Mexico, Judge Shanon Riley has practiced law for more than a decade. In 2011, Judge Shanon Riley joined the New Mexico Workers’ Compensation Administration to preside over court proceedings and ensure pro se workers have a complete understanding of the rights outlined in the New Mexico Workers’ Compensation Act (NMWCA).

The Latin term pro se translates to “in one’s own behalf.” In law, it refers to a person who chooses to represent themselves in court without the assistance of an attorney. To aid pro se workers appearing before a New Mexico Workers’ Compensation Administration court, judges make an effort to educate claimants on the NMWCA.

The act requires all companies with three or more employees to have workers’ compensation insurance. The insurance provides a range of benefits for staff members injured on the job. Among these benefits is medical coverage. Eligible individuals can obtain health care services at no expense to themselves. Depending on the severity of an injury, medical care is available for the life of a person. The law also awards compensation for injuries. The amount is based on the length of time a person cannot work while they recover as well as their level of impairment. In severe cases, an employee may be awarded compensation valued at 80 percent or more of their salary for period of up to 700 weeks.