Workers’ Compensation Laws in New Mexico
If you’ve suffered an injury or illness on the job in New Mexico, you may be entitled to workers’ compensation benefits. New Mexico’s system ensures that injured employees get medical treatment and wage replacement while limiting lawsuits against employers. Understanding your rights is the first step to securing the support you need during recovery.
Who Is Covered Under New Mexico Law?
Most employers in New Mexico with three or more employees are legally required to carry workers’ compensation insurance. The law covers:
- Full-time and part-time workers
- Employees in both private and public sectors
- Some agricultural workers, depending on size and structure of the farm
Independent contractors, domestic workers, and certain federal employees may not be covered under state law.
What Injuries Qualify?
New Mexico workers’ comp covers:
- Sudden accidents (e.g., falls, machinery accidents)
- Repetitive motion injuries (e.g., tendonitis, back strain)
- Occupational illnesses (e.g., chemical exposure, lung conditions)
- Stress-related injuries, if linked to a specific traumatic event
You must prove the injury happened in the course of employment.
Benefits Available
Employees who qualify may be eligible for:
- Medical Benefits: Payment for doctor visits, hospitalization, prescriptions, rehab, and more
- Temporary Total Disability (TTD): Up to 66 2/3% of your average weekly wage if you’re unable to work temporarily
- Permanent Partial Disability (PPD): Compensation based on the type and severity of permanent impairment
- Permanent Total Disability (PTD): Benefits if you’re unable to return to any kind of work
- Death Benefits: Provided to dependents, including funeral expenses up to a set limit
New Mexico uses a formula that factors in the worker’s age, education, and job duties to calculate benefits.
Deadlines and Filing Process
Timely action is key:
- You must report the injury to your employer within 15 days of knowing about it
- Your employer has 72 hours to notify their insurer
- A claim must be filed with the New Mexico Workers’ Compensation Administration within one year of the date of injury or the last compensation payment
Failing to report or file on time may disqualify you from benefits.
Choosing a Doctor
Initially, the employer or their insurance carrier selects the healthcare provider. After receiving care for 60 days, you may switch providers once without approval. Any additional changes must be approved by the insurer or the Workers’ Compensation Administration.
Dispute Resolution Process
If a dispute arises over your benefits or medical treatment, you can:
- Request a mediation conference with a workers’ comp mediator
- Proceed to a formal hearing before a judge if mediation doesn’t resolve the issue
- Appeal decisions to higher courts if necessary
Legal representation can make a significant difference in complicated or contested cases.
Legal Help for Workers in New Mexico
You don’t have to navigate the system alone. New Mexico workers’ compensation attorneys can help if:
- You’re denied benefits
- Your employer misclassifies you
- The insurance company won’t cover necessary treatment
- You want to explore a settlement
Most workers’ comp lawyers offer free consultations and contingency-based fees, meaning they only get paid if you do.
Final Thoughts
If you’ve been injured on the job in New Mexico, workers’ compensation laws are designed to support your recovery and protect your income. Know your deadlines, understand your rights, and don’t hesitate to seek legal guidance if your claim becomes challenging.