Workers' Compensation in New Mexico

The workers' comp system in New Mexico (referred to also as workers' comp, workmans comp, and/or work compensation) is designed to give employees who have been injured or who become sick because of conditions at their worksites or in the scope and course of their employment money to replace lost income, and medical benefits while their injuries heal. Workmans compensation is compulsory in New Mexico, and an employer can be penalized if he fails to carry such insurance. Independent contractors generally are not covered under work compensation insurance. Workers' comp claims must be filed with the New Mexico Workers' Compensation Administration within a set time after the employee's injury occurs or occupational illness sets in.

It is generally recommended to speak with a New Mexico work compensation attorney about any potential workers' compensation claim to ensure that your questions are answered and your concerns are addressed. However, in certain cases, the advice of an experienced New Mexico workers' compensation attorney is crucial. These instances include when an employer is uninsured, underinsured, or uncooperative, or when your claim is contested.

Illnesses and Injuries Covered Under New Mexico Workers' Compensation Law

Accidental Physical Injuries

• Most injuries that occur in workplace accidents are covered under New Mexico workmans comp. However, if an employee is negligent, breaking his employer's rules, and/or under the influence of alcohol or drugs at the time of his injury, his injury will most likely not be covered by his boss' workers' comp insurance policy.

Occupational diseases

• Illnesses that are caused by dangerous conditions at the workplace or by repeated motions over time. These conditions may include exposure to toxic chemicals resulting in lung disease, or loud noises resulting in hearing loss, among others.

Death

• Surviving dependents of a worker who passes away because of his work injury or illness are eligible to receive death benefits.

The New Mexico Worker's Comp Claims Process

• Notify Your Boss
• You must give your supervisor written notice of your injury within 15 days of the injury. If you do not report your injury within this time, you may not get workmans comp benefits, or your receipt of these benefits may be delayed.
• An employer must file an Employer's First Report of Injury or Illness with the New Mexico Workers' Compensation Administration” within 10 days of having knowledge of his employee's injury. Copies of the completed form must be provided to the employer's work compensation insurer and to the injured employee. Failure to file this form in the allotted time will result in a fine of $1,000.
• The statute of limitations begins running once an employer's insurer has failed to pay you or has started to pay you. The statute of limitations is 1 year in New Mexico.

• Seek medical attention immediately
• Tell the person treating you for your injury that you have been injured at work.

• Get help with your claim by contacting a New Mexico workmans comp lawyer.

Benefits Received in New Mexico Under the Workers' Compensation Program

Following are several kinds of work compensation benefits are available in New Mexico, and you should discuss these potential benefits with a New Mexico workmans comp attorney:

• Medical Treatment: A hurt or sick employee's physician, hospital and other treatment bills will be paid directly by his employer's insurer.

• Wage Reimbursement: Mileage costs of a hurt worker traveling back and forth from medical treatments necessary because of his worksite injury or occupational illness will be paid by the employee's boss if the roundtrip distance is 30 miles or more.

• Funeral: $7,500 in funeral expenses.

• Death: If an injured or ill employee dies from his injury of disease, his surviving dependents are eligible for indemnity payments and payment of all the deceased employee's medical costs.

• Vocational Rehabilitation: May be available if an employee's injury or sickness makes it impossible for him to return to his prior occupation, and may include retraining and career placement assistance.

• Income Benefits: these potential monetary benefits exist in New Mexico to compensate for lost wages:

1. Temporary Total Disability Benefits (TTD for short): It is impossible for the employee to work at all while his injury is healing or he is recovering from his injury. He will be paid two-thirds of his average weekly wages (based on the 26 weeks before his injury) every two weeks at the time of the injury. These payments are subject to a state mandated minimum and maximum.
2. Temporary Partial Disability Benefits (or TPD for short): Paid when an injured employee has not yet reached medical maximum improvement, but when he can still do some work, albeit at a reduced rate or for shorter hours. TPD benefits are calculated by subtracting the amount paid in current reduced wages from his pre-injury average weekly wage. Two-thirds of the resulting amount is paid to the employee.
3. Permanent Total Disability Benefits (PTD for short): When the employment-related sickness or injury causes a permanent disability and the employer cannot return to his old occupation and cannot perform at any form of employment in any capacity. The payments for PTD are the same as they are for TTD.
4. Permanent Partial Disability Benefits (PPD for short): The employee has medically improved to his maximum, but his condition still hinders his ability to return to his pre-injury occupation and perform the same functions. These injuries may include, among others, the loss of a limb, hand, or toe. The amount of the benefit paid will depend on the part of the body permanently injured.

Why Hire a New Mexico Workers' Comp Lawyer?

The consequences of a rejected work compensation claim can be significant for you, and for your family. Because of the enormity of the situation, it is important to get in touch with a New Mexico workman's comp lawyer. Such an attorney can explain New Mexico procedures and policies for workers' comp, help you manage deadlines for your claim, explain the types of compensation you may recover, and formulate a strategy for your case. In addition, if there are third parties involved in your accident, or if a defective product caused your injury and the manufacturer is responsible, a New Mexico workers comp lawyer can explain how best to structure a suit to recover for the injury.

New Mexico Workers' Compensation Statutes
See below for New Mexico Statutes relating to workers' comp:

1. Employers Subject To Workers' Compensation
   
1. Workers' Compensation, Chp.52, Art. 1 § 2
2. Covered Employees
1. Workers' Compensation, Chp.52, Art.1 § 2.
3. Benefits
1. Workers' Compensation, Chp.52, Art. 1, § 30.
4. Claims Procedure
1. Workers' Compensation, Chp.52, Art.1, § 31.