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Will signing a NOA form preclude me from taking further action against an employer?
#1
I was injured on the job (hearing damage, tinnitus).  I had no reasonable expectation to need hearing protection at the time of the incident and it was a negligent act of fellow employees that lead to the burst of damaging noise.  And the tinnitus has been bad enough that it's caused me a lot of distress / loss of sleep / loss of quality of life.  

I am being asked to sign a notice of accident or occupational disease disablement form.  Does this lock me into only using workers' compensation?   From my understanding it is nearly impossible to sue an employer for injuries outside of workers compensation.

In the immediate future, I'm just wondering if I have to sign the form and if that locks me in.
 
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#2
simple negligence is not a factor in work comp coverage.
loss of sleep, general distress and loss of quality of life are not generally considered impairments and a basis for work comp benefits.
you give the impression you want to file a civil suit against somebody in addition or in place of workers compensation benefits.
if so, you should talk to a civil atty.
it will be difficult and expensive to find one who believes they can develop enough evidence to get around the substantial protections of work comp coverage.
any civil recovery against a third party allows the comp carrier to be reimbursed for any costs from the comp claim.
some states allow extra benefits if the employer violated a safety order or knowing exposed a worker to conditions that would cause injury.
again very difficult to get enough evidence to prove intent/motivation and most attys won't touch it.

your problem in trying to get "extra" benefits will be finding an atty. their amount of work and time has to be worth the chance for a high recovery and fee.
your symptoms don't seem to warrant much settlement value--too subjective..

Who is asking and what does the form want you to agree to?
You might want to discuss it with your atty or someone at your state work comp board.
Each state has their own camp laws and forms.
Without knowing yours, specific information can,t be provided.
Generally work comp benefits is the exclusive remedy for injured workers.

Generally you can't be required to agree to anything; you always have option not to sign.
Generally agreeing to something in writing excludes other options or makes it very difficult to back out/change you mind.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
It is a notice of accident or occupational disease disablement form NOA-1-W.  In accordance with New Mexico law Section 52-1-29, section 52-3-19, section 52-1-49, NMSA 1978; NMCA 11.4.4.11.

As far as I know it's just a notification of incident to initiate workomp.  My employer gave it to me.
 
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#4
Filing a written notice To your employer of your work injury would seem to be a legal requirement in order to receive benefits.
The form appears to be a simple acknowledgement That you reported the jury to your employer and are aware of The change of Doctor options.
It contains no language that you are waiving rights or agreeing to anything.
Specifically what words, phrase, or sentence are you concerned about?

If you don,t trust your atty you can switch at any time.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
That was my impression as well.  I just wanted to double check.  I don't think there were any particular phrases that jumped out at me, but this is just unfamiliar territory to me. Thanks for taking a look at it.
 
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