Workers Compensation in New Mexico
A workplace injury can change your life in an instant. One moment, you’re going about your daily routine and the next, you’re facing medical treatments, lost wages, and an uncertain future. How will you pay your bills? How long will it take before you can work again?
New Mexico’s workers’ compensation system is designed to ease this burden. If you’ve suffered an injury on the job, you may be entitled to medical coverage, wage replacement, and rehabilitation services—giving you the financial support you need while you recover.
This guide explains how New Mexico’s workers’ compensation system works, outlines the steps you need to take after an injury, and details how legal representation can help protect your claim.
Workers Compensation Statistics in New Mexico?
Workplace injuries are a reality for many New Mexico workers. In 2023, private-sector employers reported approximately 15,600 nonfatal workplace injuries and illnesses, with an incidence rate of 3.0 cases per 100 full-time employees—slightly above the national average.
Some of New Mexico’s highest-risk industries include:
- Construction: With an incidence rate of 3.9 per 100 workers, this sector frequently sees falls, equipment-related injuries, and overexertion.
- Healthcare and Social Assistance: Common injuries include strains from lifting patients, slip-and-fall accidents, and exposure to infectious diseases.
- Oil and Gas Industry: With heavy machinery, hazardous materials, and physically demanding labor, this industry sees a higher rate of workplace accidents.
The most frequently reported workplace injuries in New Mexico include:
- Slip-and-Fall Accidents: A leading cause of fractures, sprains, and concussions.
- Overexertion Injuries: Often caused by lifting, pulling, or pushing heavy loads.
- Repetitive Stress Disorders: Carpal tunnel syndrome, tendonitis, and chronic joint pain from repeated strain.
With the average cost of a medically consulted workplace injury at $42,000 nationwide, securing workers’ compensation benefits is essential for injured employees facing financial uncertainty.
How Does Workers Comp Work in New Mexico?
New Mexico’s workers’ compensation system ensures that employees injured on the job receive medical treatment and financial support. To qualify, the injury or illness must be directly related to your job duties.
New Mexico requires any business with three or more employees to have workers’ compensation insurance. Some types of businesses or categories of workers are exempt from this, including but not limited to the following. Household workers, real estate agents, and farm laborers.
Beneficiaries receive compensation for medical expenses, out-of-pocket expenses, death benefits, and weekly cash payments. The New Mexico Workers’ Compensation Administration pays 2/3 of last year’s average weekly salary to individuals for up to 700 weeks.
The steps you take immediately following a workplace incident in New Mexico are critical for filing a claim. Follow the following steps to preserve your rights and learn how workers comp works.
Get Medical Attention
After a workplace injury, your health should be your top priority. Seeking medical care promptly not only ensures you receive the treatment you need but also creates a medical record that connects your injury to your job—essential for filing a successful workers’ compensation claim.
In New Mexico, your employer or their insurance provider has the right to select your initial treating physician. If you are dissatisfied with the care, you may request a different doctor, but you must follow the state’s process for changing providers.
Even if your injury seems minor, don’t ignore it. Some conditions, such as repetitive stress injuries, internal trauma, or soft tissue damage, can worsen over time and make it harder to prove they were work-related.
Keep detailed records of all medical visits, treatments, and prescriptions. These documents will be crucial if your claim is challenged or if you need additional benefits.
File a First Report of Injury
Once you’ve received medical treatment, the next step is reporting the injury to your employer. New Mexico law requires you to report workplace injuries within 15 days, but reporting as soon as possible can help prevent delays in receiving benefits.
Your employer must then file a Notice of Accident form with their workers’ compensation insurance provider and the New Mexico Workers’ Compensation Administration. This report should include:
- The date, time, and location of the injury.
- A detailed account of how the accident occurred.
- Information regarding the medical treatment received.
The insurance carrier will review your claim and determine eligibility for benefits. If your injury is disputed, you may be required to attend an Independent Medical Examination (IME) to assess its severity.
New Mexico has a one-year statute of limitations for filing a formal workers’ compensation claim. If you fail to take action within this period, you may lose your right to benefits.
Why You Should Hire a Workers’ Compensation Lawyer
Even though New Mexico’s workers’ compensation system is meant to support injured workers, insurance companies often try to minimize payouts or deny claims altogether. If you face delays, disputes, or unfair treatment, a lawyer can help you fight for the benefits you deserve.
A workers’ compensation attorney can:
- Ensure your claim is filed correctly to avoid unnecessary delays or denials.
- Negotiate with insurance providers to maximize your benefits.
- Represent you in hearings before the New Mexico Workers’ Compensation Administration.
- Advocate for additional compensation, such as permanent disability benefits or vocational retraining.
If your claim has been denied or your benefits have been cut off early, an attorney can help you appeal and fight for the compensation you need.
Work With an Experienced Local Lawyer in New Mexico
Your health and well-being need to come first. If you are hurt while working or find out an illness you are suffering is the result of your job, you will want to seek compensation.
We can connect you with a local attorney or one across New Mexico state lines.
Submit a request online or call us at (866) 345-6784 to find a workers’ compensation lawyer today!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
Sometimes learning can lead to more questions. If you would like to know more about New Mexico law, we can help!
