Here’s How Workers Comp in New Mexico Works


The workers’ compensation in New Mexico works uniquely. The laws governing the workers’ bonuses are responsible for providing monetary funds and medical benefits to workers injured or suffering illnesses while working.

In New Mexico, employers with more than three workers must have worker’s compensation insurance. Construction employers must have compensation insurance even if they have less than three workers.

The workers’ compensation laws in New Mexico prohibit employees from filing lawsuits against their employer outside the workers’ compensation injury, such as injury caused due to an employee’s negligence. Thus, employees must know their rights under the workers comp in New Mexico.

Important Deadlines within the workers’ comp in New Mexico

The most critical deadline in the compensation insurance that workers should know to benefit from the compensation plans include: the employee should give notice of the injury to the employer within fifteen days of the employee’s knowledge of the occurrence of the injury failure to which they fail to receive compensation payments.

Suppose the employer or the insurer fails to pay for the compensation. In that case, the worker should file a  complaint to the New Mexico Workers Compensation Administration within one year after the failure of payments. However, the deadline for filing the claim applies to non-payments of money benefits, not medical benefits.

Benefits Available to the Injured Workers

The workers’ comp in New Mexico provides money and medical treatment benefits to injured workers. Also, it gives monetary benefits to the employees’ spouses and their children if the worker is killed while working or the injury experienced causes him to die.

In New Mexico, workers’ compensation also provides specific cases for the coming back to work of the injured employee. However, workers comp in New Mexico does not give retraining or vocational rehabilitation benefits. Also, the compensation insurance does not cover personal injury damages.

The Employee Obligations Towards the Workers’ Compensation Policy

Employers are expected to provide workers’ compensation benefits to all their employees. They provide accident report forms to their employees to fill out if an injury occurs. They are mandated to authorize medical treatments when the employee gets injured unless there are legal reasons that deny the employee from receiving medical treatment.

Another obligation in the workers’ comp in New Mexico is that the employer and the insurer pay the monetary benefits to the employee within five days of the employee stopping their work due to a work injury. However, if the employer and the insurer deny the benefits, they must provide valid reasons and explanations to the worker once requested.

The employer is prohibited from rising against the worker once they report a work accident or when they fill a workers’ compensation claim. They are also prohibited from retaliating against their employees in such ways as a demotion, pay cut, changing their job responsibilities, or terminating their jobs.


Workers comp in New Mexico focuses more on protecting the interest and welfare of the employee and ensuring that they receive their share of benefits once they suffer an injury or illness from their work responsibilities.

The compensation provides the workers with money and medical treatment benefits that help them while recovering away from their workplaces.

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