Mill work can be dangerous. Workers may be exposed to heavy machinery, moving equipment, chemicals, steam, confined spaces, elevated platforms, fires, explosions, and other hazards that can cause serious injuries or death.
After a workplace accident, injured mill workers often have more than one question. Who pays for medical care? Can they recover lost wages? Can they choose their own doctor? Can they sue anyone? Does the answer change if the accident happened in New Mexico or Texas?
The answer depends on where the accident happened, whether the employer had workers’ compensation coverage, whether another company contributed to the injury, and whether the accident caused a serious injury or death.
This article explains the general rights injured mill workers may have in New Mexico and Texas.
Workers’ Compensation Is Usually The First Issue
Workers’ compensation is designed to provide benefits after a workplace injury or occupational illness. In both New Mexico and Texas, workers’ compensation can provide medical and wage-related benefits when the injury is covered by the system.
However, New Mexico and Texas treat employer coverage differently.
In New Mexico, the Workers’ Compensation Act generally applies to employers with three or more workers. It also applies to employers engaged in activities required to be licensed under the Construction Industries Licensing Act, regardless of the number of employees. The statute excludes employers of private domestic servants and farm and ranch laborers.
Texas is different. In Texas, most private employers can choose whether to carry workers’ compensation insurance. Employers that do not provide Texas workers’ compensation coverage are called non-subscribers.
This is one of the most important differences between the two states. A New Mexico mill worker will usually start by asking whether the employer was subject to and compliant with the Workers’ Compensation Act. A Texas mill worker must first determine whether the employer was a workers’ compensation subscriber or a non-subscriber.
What Benefits May Be Available Through Workers’ Compensation?
Workers’ compensation benefits are not the same as a personal injury lawsuit. They are generally limited to specific benefits allowed under state law.
In Texas, the Division of Workers’ Compensation identifies four types of workers’ compensation benefits. These include income benefits, medical benefits, burial benefits, and death benefits. Income benefits replace part of the money lost because of a work-related injury or illness. Medical benefits pay for reasonable and necessary medical care to treat the work-related injury or illness. Burial and death benefits may apply when an employee dies because of a work-related injury or illness.
In New Mexico, the Workers’ Compensation Act requires the employer, subject to the statute’s requirements, to provide timely, reasonable, and necessary health care services for as long as medical or related treatment is reasonably necessary. The law also contains procedures for selecting and changing the health care provider.
A workers’ compensation claim can be important after a mill accident involving burns, fractures, amputations, crush injuries, head trauma, respiratory injuries, chemical exposure, repetitive trauma, hearing loss, or other work-related harm.
Can An Injured Mill Worker Sue The Employer?
The answer depends heavily on the state and the employer’s coverage status.
New Mexico
In New Mexico, when the employer is subject to the Workers’ Compensation Act and has complied with the Act’s insurance requirements, workers’ compensation is generally the exclusive remedy for an accidental workplace injury or death that arises out of and in the course of employment.
That means a covered worker usually cannot bring an ordinary negligence lawsuit against the employer for the same workplace injury. The worker’s remedy against the employer is generally through the workers’ compensation system.
Texas
Texas has two different paths.
If the employer carries workers’ compensation insurance, workers’ compensation benefits are generally the exclusive remedy against the employer, the employer’s agents, and the employer’s employees for a covered workplace injury or death. Texas law includes an exception that allows surviving spouses and heirs to seek exemplary damages when an employee’s death was caused by an intentional act or omission of the employer or by the employer’s gross negligence.
If the employer is a non-subscriber, the worker may be able to sue the employer directly. In that type of case, the worker must prove negligence by the employer or by an agent or servant of the employer acting within the general scope of employment. Texas law also limits certain defenses for non-subscriber employers. In a qualifying non-subscriber case, it is not a defense that the employee was contributorily negligent, assumed the risk of injury or death, or was injured because of the negligence of a fellow employee.
This makes Texas very different from New Mexico. In New Mexico, the focus is usually on workers’ compensation and possible third-party liability. In Texas, the employer’s coverage status can determine whether the worker is limited to workers’ compensation or may have a negligence claim against the employer.
Can An Injured Mill Worker Sue A Third Party?
Yes, a third party claim may be possible in both New Mexico and Texas.
A third party is someone other than the direct employer or, depending on the state and facts, someone outside the protected employment relationship. In mill accident cases, possible third parties may include equipment manufacturers, maintenance companies, outside contractors, property owners, chemical suppliers, inspection companies, trucking companies, or other companies working at the site.
New Mexico
New Mexico law states that the right of a worker, or those entitled to recover after the worker’s death, to seek damages for injury or disablement caused by the negligence or wrong of a person other than the employer or another employee of the employer is not affected by the Workers’ Compensation Act. The law also prevents double recovery and gives the employer or insurer assignment rights to the extent of benefits paid.
In plain terms, an injured New Mexico mill worker may be able to receive workers’ compensation benefits and also pursue a third party claim, but the compensation carrier may have reimbursement rights if there is a third party recovery.
Texas
Texas law also allows an employee or legal beneficiary to seek damages from a third party liable for an injury or death compensable under the workers’ compensation system. The injured worker or legal beneficiary may also pursue workers’ compensation benefits. Texas law grants the insurance carrier subrogation rights, subject to statutory limits.
In plain terms, an injured Texas mill worker may have both a workers’ compensation claim and a third party claim when someone outside the employer caused or contributed to the injury.
Why Third-party Claims Matter After Mill Accidents
Workers’ compensation benefits are limited. A third-party claim may allow recovery of damages that workers’ compensation does not fully cover.
A third-party claim may be important when an accident involves defective machinery, failed safety equipment, negligent repair work, dangerous contractor conduct, unsafe chemical handling, defective valves, failed tanks, unsafe scaffolding, inadequate warnings, or dangerous on-site transportation activity.
For example, if a machine guard failed because of a product defect, the equipment manufacturer may need to be investigated. If an outside maintenance company failed to repair a known hazard, that company may be part of the case. If a chemical supplier failed to provide proper warnings or safety information, that may also require review.
These examples do not mean a third party is always liable. They show why serious mill accidents require careful investigation.
What Should Injured Mill Workers Do After An Accident?
After a mill accident, workers should report the injury, seek medical care, and document what happened. The exact deadlines differ by state.
In New Mexico, a worker claiming compensation generally must give written notice to the employer within 15 days after the worker knew or should have known of the accident. If the worker is prevented from giving notice within that time because of the injury or another cause beyond the worker’s control, notice must be given as soon as reasonably possible and no later than 60 days after the accident. Written notice is not required if the employer, superintendent, foreman, or other agent in charge of the work had actual knowledge of the accident.
New Mexico also has a claim-filing rule. If the employer or insurer fails or refuses to pay compensation after proper notice, the worker generally must file a claim within one year after the failure or refusal to pay. The one-year period may be tolled while the worker remains employed by the same employer, but not for more than one year.
In Texas, an injured employee is responsible for reporting the injury to the employer within 30 days of the date of injury or the date the worker first knew the injury or illness might be work-related. The worker also has one year to send DWC Form-041 to the Division of Workers’ Compensation after being injured or after first knowing that the illness might be work-related.
These deadlines are important. Waiting can make it harder to obtain benefits and preserve evidence for a third-party or non-subscriber claim.
What If The Accident Caused Chemical Exposure?
Mill workers may be exposed to caustic chemicals, gases, solvents, dust, smoke, fumes, or other hazardous substances. Chemical exposure injuries may be immediate, delayed, or both.
A worker should tell medical providers what substance was involved, how the exposure happened, what symptoms appeared, and whether symptoms worsened over time. Workers should also keep copies of medical records, incident reports, safety data sheets if available, photographs, text messages, witness names, and any written communication from the employer or insurance carrier.
Chemical exposure cases may involve workers’ compensation, third party liability, or both. If a chemical supplier, outside contractor, equipment manufacturer, or maintenance provider contributed to the exposure, that company may need to be investigated.
What Evidence Matters After A Mill Accident?
Important evidence can disappear quickly after a workplace accident. Equipment may be repaired, spills may be cleaned, video may be overwritten, damaged parts may be discarded, and contractors may leave the site.
Evidence in a mill accident may include incident reports, photographs, videos, witness names, maintenance logs, inspection records, lockout and tagout records, training records, safety meeting notes, chemical safety documents, equipment manuals, repair history, prior complaints, prior violations, contractor agreements, and internal communications about known hazards.
Injured workers and families should try to preserve what they can legally and safely preserve. They should not remove company property or put themselves at risk. A lawyer can help identify evidence that should be preserved through proper legal channels.
How Long Do Injured Mill Workers Have To File A Lawsuit?
Workers’ compensation deadlines are different from lawsuit deadlines.
In New Mexico, the general statute of limitations for injury to the person is three years. New Mexico wrongful death actions must generally be brought within three years after the cause of action accrues, and the statute provides that the cause of action accrues on the date of death.
In Texas, the general limitations period for personal injury is 2 years from the date the cause of action accrues. Texas also provides a two-year limitations period for an action for injury resulting in death, and the cause of action accrues on the death of the injured person.
There can be exceptions, special rules, and fact-specific issues. The safest approach is to investigate early rather than wait until a deadline is approaching.
What Rights Do Families Have After A Fatal Mill Accident?
If a mill accident causes death, workers’ compensation death benefits may apply. A third-party wrongful death claim may also be possible if someone outside the employer caused or contributed to the death.
The state law differences still matter.
In New Mexico, workers’ compensation may provide benefits when the death is covered by the Act, and a third party claim may still be possible against a responsible party other than the employer or another employee of the employer.
In Texas, if the employer carries workers’ compensation insurance, death benefits may be available through workers’ compensation. Texas law also allows surviving spouses and heirs to seek exemplary damages when the worker’s death was caused by an intentional act or omission of the employer or by the employer’s gross negligence. If the Texas employer was a non-subscriber, the family may be able to bring a negligence claim against the employer, depending on the facts.
Families should also consider whether contractors, equipment manufacturers, maintenance providers, property owners, chemical suppliers, or other companies may share responsibility.
The Main Differences Between New Mexico And Texas
New Mexico and Texas both allow workers’ compensation and third-party claims in appropriate cases. The major difference is employer participation in workers’ compensation.
In New Mexico, the Workers’ Compensation Act generally applies to employers with three or more workers, with special coverage for employers engaged in licensed construction activities regardless of the number of employees. When the employer is covered and compliant, workers’ compensation is generally the exclusive remedy against the employer.
In Texas, most private employers can choose whether to carry workers’ compensation. If the employer is a subscriber, workers’ compensation is generally the exclusive remedy against the employer, subject to the fatal gross negligence and intentional act exception for exemplary damages. If the employer is a non-subscriber, the injured worker may be able to sue the employer for negligence, and Texas law limits certain defenses that non-subscriber employers can use.
The notice periods also differ. New Mexico generally requires written notice within 15 days, with a possible extension up to 60 days in certain circumstances. Texas requires notice to the employer within 30 days.
The general personal injury lawsuit deadlines also differ. New Mexico generally provides three years for personal injury claims. Texas generally provides two years.
The Bottom Line For Injured Mill Workers
After a mill accident, injured workers should not assume workers’ compensation is the only issue. Workers’ compensation may provide important benefits, but a third party claim may also exist. In Texas, if the employer is a non-subscriber, the worker may also have a claim for direct negligence against the employer.
The most important questions are where the injury happened, whether the employer had workers’ compensation coverage, whether proper notice was given, what caused the accident, whether another company was involved, and what evidence needs to be preserved.
If you were injured in a mill, plant, factory, or industrial workplace accident in New Mexico or Texas, Nix Law can review what happened and help you understand which legal options may apply.