Workers Compensation in New Mexico
You aren’t alone if you wonder how workers’ compensation works.
Workers’ compensation is insurance that provides wage and medical benefits to people who have become ill or injured while at work. How far this coverage goes depends on New Mexico state law.
If your injury or illness is eligible for compensation, the insurance carrier should help ease the financial burden.
Learn some of the basic principles of New Mexico workers’ compensation insurance and how the process works.
Workers Compensation Statistics in New Mexico?
Employers in New Mexico reported 18,700 nonfatal workplace incidents according to the U.S. Bureau of Labor Statistics in 2019. Out of those thousands of injuries, strains or tears represent the highest number of reports to the Workers’ Compensation Administration. A staggering 22.9% of injury claims in 2017 were due to this type of incident. Moreover, health care professionals or couriers had the highest rate of accidents in the state by a wide margin. It’s also worth considering that New Mexico’s Indicator-Based Information System published data on its website that shows workers’ compensation cost over $300 million. With an average of $404 paid per worker with coverage in the state.
How Does Workers Comp Work in New Mexico?
There is a standard practice to follow when going through the New Mexico workers’ compensation process.
The circumstances surrounding the incident that led to the injury are crucial. The injury had to occur during your regular work 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 66% of the last year’s average weekly salary to individuals for up to 700 weeks. Depending on your disability rating. Any rating less than 80% means you receive benefits for up to 500 weeks, while anything above can take the maximum time.
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 you get injured or feel ill, the first step is to see a doctor. Don’t delay receiving help from a New Mexico healthcare professional. Taking too long could not only jeopardize your health, but you run the risk of missing deadlines.
Even if you believe your injury is minor, get a proper medical report detailing the extent of the damage and how it occurred. This step is the top priority in the workers’ compensation claim process. Otherwise, your employer cannot file a claim with the insurance carrier.
You may have regular checkups and testing for weeks or months before a doctor finally connects your illness with your job. Your medical records will become the foundation from which the workers’ comp carrier will launch its investigation.
Generally, your doctor determines if the illness happened because of your work conditions or became aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.
File a First Report of Injury
The First Report of Injury will provide the workers’ compensation insurance carrier with the necessary details. They must know your physical injuries, the medical treatment you received, and the facilities that provided it.
Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point about the incident and any witnesses.
New Mexico gives employees one year to apply for workers’ compensation after being injured on the job. After seeking medical attention, report the injury to your employer within fifteen days of the incident by turning in a Notice of Accident form.
Don’t allow your employer to intimidate you into not signing or turning this in to them. After that is delivered, businesses are responsible for completing the First Report of Injury or Illness form within 10 days of being notified about a work-related injury that resulted in seven or more days of missed shifts.
Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point about the incident and any possible witnesses to the event.
New Mexico has a one-week waiting period before beneficiaries can receive payments. If the injuries are severe enough to justify permanent disability benefits, an employee may receive weekly payments for the rest of their life or have their attorney negotiate a settlement.
Why You Should Hire a Workers’ Compensation Lawyer
Many people believe that the injury claims process is straightforward. While this may be the case in some instances, it may be more of a hassle.
For instance, your employer may question whether you were hurt on the clock or on your own time. The company may also start to question the extent of your injury.
Don’t question how workers comp works and risk losing your claim. Hire a New Mexico workers’ comp lawyer and ensure you have an advocate to fight for your rights.
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.
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