Your injury changed how you work. Your claim should reflect that.

If a spinal cord injury has changed the work you can do, you probably want to know how that loss gets measured. A vocational expert answers that question in work terms, using medical limits and your job history. This page explains what that expert does, which records support the picture, and how the process usually moves in New Mexico.

What a Vocational Expert Does in a Spinal Cord Injury Claim

A vocational expert evaluates how an injury affects your ability to work, your past jobs, and the jobs you could still perform.

Doctors describe what your body can and cannot do, such as lifting limits, standing tolerance, or hand use. The vocational expert turns those limits into work terms. That means asking which tasks you can still do, which jobs fit those tasks, and what those jobs pay in your area.

A vocational evaluation is one possible part of a claim. Whether one makes sense turns on your injury, your work history, and whether your restrictions have settled enough to measure. For the wider picture, read the spinal cord injury claim guide.

Who This Part of a Claim Is For

This part of a claim is for people whose spinal cord injury limits the work they can do now or later.

• Injuries at the neck, mid-back, or low back, complete or incomplete, that affect standing, walking, lifting, sitting, hand use, or concentration.
• Drivers, construction and warehouse workers, healthcare and service workers, and anyone whose job needs a commercial license or heavy equipment.
• People who were working part-time, in training, or planning a career change when the injury happened.
• Family members handling a relative’s claim. If the injury leads to death, the action is brought by the personal representative of the deceased person, under the Wrongful Death Act. It must be brought within three years after the cause of action accrues, which is the date of death, under the Wrongful Death Act deadline.

What Lost Earning Capacity Covers

Lost earning capacity covers income you already lost and income you may lose later.

Lost past wages run from the date of the injury to the date of the claim. Loss of future earning capacity looks forward across the rest of your working life. It measures your reduced ability to earn over time.

A claim can include:

• Base wages and overtime
• Tips and commissions
• Employer benefits, such as health coverage and retirement contributions
• Reduced career advancement

A vocational expert compares your pre-injury skills and education with the work you can still do. The comparison also looks at what that work pays in the local job market. Age, education, transferable skills, and the job market in your county all shape the picture. A worker in Farmington and a worker in Santa Fe may face different local job options, so local data matters.

Evidence That Shows You Can No Longer Do Your Job

The strongest proof is consistent medical records, written work restrictions, and employment records that line up with each other.

Gather these items:

• Records from the emergency visit, hospital stay, surgery, and rehabilitation, including imaging and neurological findings. Our medical records guide explains what to look for.
• Written restrictions from your doctors, therapists, and rehabilitation providers. Include lifting limits, sitting or standing limits, and any need for assistive devices.
• Employment records: job descriptions, pay stubs, W-2s and tax returns, reviews, attendance records, and any leave or light-duty paperwork.
• Records of how your employer responded, such as termination, reassignment, or refusal to accommodate your restrictions.
• A journal or timeline of daily limits and tasks that used to be routine.

Medical records can help show how the crash relates to the injuries. New Mexico describes a proximate cause as one that, in a natural and continuous sequence, produces the injury. It need not be the only cause.

Each item carries more weight when it is complete and matches the others.

How the Process Works, Step by Step

The process starts with a consultation and moves through records, medical review, and valuation before any settlement decision.

1. First consultation. Review your injury, the crash facts, and your work history. The first consultation is free, confidential, and carries no obligation to continue.
2. Records. Collect medical and employment files with your signed authorizations, so records can be requested from providers and employers.
3. Restrictions. Review what you can and cannot do now, and what may change, with your treating team.
4. Vocational decision. Decide with your lawyer whether a vocational assessment fits your facts. If it does, the assessment compares your skills and restrictions with available work.
5. Valuation. Value lost past and future earnings and benefits. Then discuss the claim with you before any settlement decision.
6. Negotiation or suit. Negotiate with the responsible parties, and file suit if needed. Claims against a government entity follow the notice rule under the New Mexico Tort Claims Act. Written notice is due within ninety days after the occurrence, unless the entity had actual notice of it.

Timing depends on when your medical condition settles, which can take months or longer. For filing dates, see the three-year deadline guide.

Common Questions and Objections

A return to work does not automatically end a claim. Partial loss of earning capacity can still be part of it.

Why Work With El Gringo Law on This Claim

El Gringo Law handles spinal cord injury claims that arise from car accidents, trucking accidents, premises liability, and other listed injury areas.

Josh Wood is the responsible lawyer for this page and is licensed in New Mexico and Arizona. The firm has more than one lawyer, along with support staff who handle records requests and client communication. The firm answers for what its staff and marketing vendors say on its behalf.

The firm’s approach starts with one clear review of your medical and work records. That way, you understand the claim before choosing next steps. Every case is different, and past results do not predict a similar outcome.

People in Santa Fe, Rio Rancho, Las Cruces, Bernalillo County, Sandoval County, Taos, and Farmington can reach the firm at elgringolaw.com.

Talk With the Responsible Lawyer About Your Injury

If a spinal cord injury has changed the work you used to do, the open question is how that loss should be measured. You don’t have to work that out alone. Reach out through the contact form or start a chat with our team to talk about your work limits and what they may mean for your claim.