New Mexico Workers' Compensation: Fast Facts
Coverage Requirements Under New Mexico State Law
Most New Mexico businesses with at least three part-time or seasonal employees must have workers' compensation insurance, with few exceptions. Companies whose business requires a license under the Construction Industries Licensing Act must cover all employees, regardless of their number. See which employees are always exempt from coverage below.
Work-Related Injury or Illness Reporting Requirements
Notify your employer about your work-related illness or injury in writing as soon as you possibly can. You must report it within 15 days or else your New Mexico workers' compensation claim may not qualify for benefits. If it's impossible for you to report it within 15 days, the state may give you a 60-day reporting extension. Your employer must then notify their insurance provider of your claim within 72 hours.
Where to Seek Medical Care
New Mexico state law gives your employer the right to select the first workers' comp doctor you see. However, some employers will let you pick any doctor you choose to treat your on-the-job injury or illness. If you require emergency medical care, go to the nearest ER or hospital first. Then, ask your employer who you should see for ongoing treatment, if applicable. You can also change doctors once after undergoing 60 days of treatment.
Waiting Period for Lost-Wage Benefits in New Mexico
Your first 7 days off work are always unpaid unless you're out for at least 4 weeks total to recover. These 7 unpaid days off don't have to be in a row, either. On the 8th day you cannot work after your incident, you'll qualify for partial lost-wage benefits. The insurance company must mail your first workers' comp benefit payment 21 days after you stop working. If you don't need at least a week off to recover, then workers' compensation only pays your medical bills.
New Mexico Workers' Compensation Statute of Limitations
You have two years from your work injury or illness diagnosis date to file your New Mexico workers' compensation claim.
New Mexico Weekly Compensation Rate
You can receive 66 2/3% of your gross average weekly wage, subject to the state's maximum and minimum benefit amounts.
How Long You Can Receive New Mexico Workers' Comp Benefits
- Medical benefits: unlimited
- Death benefits: up to $7,500 for funeral and burial expenses plus weekly TTD payments for up to 700 weeks or until surviving spouse remarries
- Temporary Total Disability (TTD): until you go back to work, but no more than 400 weeks total
- Permanent Partial Disability (PPD): up to 500 weeks after reaching maximum medical improvement for disabilities rated at less than 80%; for higher disability ratings, PPD payments can last for up to 700 weeks
- Temporary Partial Disability (TPD): 2/3 the difference between your pre-injury and post-injury earnings, up to the state's maximum rate, until you can return to full employment
- Permanent Total Disability (PTD): lifetime TTD payments for severe brain injuries, loss of both hands, arms, feet, legs, eyes, or any two of the listed body parts
New Mexico Workers' Comp Coverage Exemptions
The following employees are automatically exempt from New Mexico workers' compensation coverage:
- Domestic servants
- Farm workers
- Federal employees
- Independent contractors
- Real estate salespersons
- Sole proprietors with a financial interest
New Mexico Workers' Compensation Attorney Fees
All New Mexico workers' compensation attorneys work on contingency. This means you only pay legal fees for successful claims. If you don't win, then you owe your New Mexico workman's comp attorney $0. By law, New Mexico workers' comp lawyers cannot charge more than $22,500 in legal fees.
