Are you an employee?
It seems like a very simple question. Thirty years ago that may have been true. It’s not so clear today. Many companies are trying to limit their costs by “outsourcing” their workforce or by trying to classify their employees as “independent contractors” and paying them using a 1099 form.
In New Mexico an injured worker must be an employee in order to file a workers’ compensation claim under the New Mexico Workers’ Compensation Act against his or her employer. If you are an injured on the job and the “employer” can prove you were not its “employee”, you may not have recourse under the New Mexico Workers’ Compensation Act.
Therefore, employment status is critical to a workers’ compensation case. If you have any doubt about your employment status, you should confirm your employment status before you’re injured.
If you are hurt on the job and you’re not an employee, you may still be able to get relief from some other source.
In either case, if you are hurt while working, you should contact an attorney as soon as possible to protect yourself and your family.