Filing a Worker’s Compensation Claim in New Mexico:

You are required to notify your employer or supervisor in writing of any accident at work, within 15 days of the accident. If you lose more than 7 days because of an injury or occupational disease covered by workers’ compensation, your employer must provide indemnity pay. The indemnity pay is never as much as your regular pay.

New Mexico Worker’s Compensation Treatment:
Employer makes the initial selection of physician. After a period of time specified by state law, the employee has free choice.

Get your employer’s permission before you get any medical care except emergency care. Your employer has the right to choose a doctor for you at this time or to allow you to choose. Tell all doctors this was a work-related injury.

New Mexico Worker’s Compensation Benefits:
Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. The employer selects the initial physician who will provide care, with the employee obtaining free choice of provider after a period defined by law.

Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments continue for the duration of the disability.

Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PTD may continue for life.

Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PPD may continue for up to 500 or 700 weeks, depending upon the extent of the disability, with shorter limits applied to mental impairments.

Scheduled awards are paid in addition to total temporary disability benefits starting upon termination of the termination of the TTD benefits. Scheduled awards are not reduced because of receipt of TTD benefit, unless the disability continues beyond 700 weeks.

Benefits may be available for serious and permanent disfigurement about the face or head.

Physical and vocational rehabilitation benefits are available.

With certain constraints and filing deadlines, occupational hearing losses may be compensable.

Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A minimum benefit is payable but not statutorily prescribed. A burial allowance is available.

New Mexico Worker’s Compensation Waiting Period:
The waiting period for compensation benefits after the injury is 7 days.

Compensation is retroactive if disability continues for 4 weeks from the date of the injury.

New Mexico Worker’s Compensation Contact Information:
Glenn R. Smith, Director
Workers’ Compensation Admin.
2410 Centre Avenue, SE
P. O. Box 27198
Albuquerque, NM 87125-7198
 (505) 841-6000  (505) 841-6000 or  1-800-255-7965  1-800-255-7965

NOTICE: These questions and answers concern New Mexico law only, and should not be construed nor relied upon as reflecting the law in other States, nor as giving legal advice. You are warned that circumstances often vary greatly and that, due to changing decisions and law, the answers to these questions may change over time and not be current, and you should consult an attorney in any specific case, and NOT rely on these questions and answers as giving anything other than general information.