New Mexico Workers' Compensation Requirements

Understanding the workers' compensation requirements in New Mexico is crucial for both employers and employees. This system is designed to protect workers in the event of a workplace injury or illness, providing them with financial assistance for medical expenses and lost wages. For employers, adhering to these requirements is not only a legal obligation, but it also helps maintain a safe and productive work environment.

What is Workers' Compensation?

Workers' compensation is a type of insurance that provides benefits to employees who suffer work-related injuries or illnesses. These benefits may cover medical care, rehabilitation costs, and a portion of lost wages. The goal of workers' compensation is to help injured workers return to work as soon as they are medically able.

In New Mexico, the Workers' Compensation Administration (WCA) oversees the state's workers' compensation system. The WCA enforces the laws and regulations related to workers' compensation, provides education and outreach to employers and employees, and resolves disputes between parties.

Who is Required to Have Workers' Compensation Insurance in New Mexico?

In New Mexico, most employers are required to carry workers' compensation insurance. This includes both private and public sector employers. However, there are some exceptions to this rule.

Employers with three or more employees are generally required to have workers' compensation insurance. However, in the construction and mining industries, employers with even one employee must have this insurance. Additionally, out-of-state employers who have employees working in New Mexico may also be required to carry workers' compensation insurance in the state.

Exceptions to the Rule

While most employers in New Mexico are required to have workers' compensation insurance, there are some exceptions. These include domestic servants, real estate salespersons, and certain agricultural and farm workers. However, even if these workers are not required to be covered, employers may choose to provide coverage voluntarily.

It's important to note that even if an employer is not required to have workers' compensation insurance, they are still responsible for the safety of their employees. Employers can still be held liable for injuries or illnesses that occur in the workplace.

Benefits Provided by Workers' Compensation

Workers' compensation in New Mexico provides several types of benefits to injured workers. These benefits are designed to help workers recover from their injuries and return to work.

Medical benefits cover the cost of necessary medical care related to the work injury or illness. This includes hospital stays, doctor visits, medications, and rehabilitation services. In New Mexico, there is no time or monetary limit on these benefits.

Disability Benefits

Disability benefits are designed to compensate workers for lost wages while they are unable to work due to their injury or illness. There are four types of disability benefits in New Mexico: temporary total disability, temporary partial disability, permanent total disability, and permanent partial disability.

Temporary total disability benefits are provided to workers who are completely unable to work for a temporary period. Temporary partial disability benefits are for workers who can perform some work, but not at their full capacity. Permanent total disability benefits are for workers who are permanently unable to work in any capacity, while permanent partial disability benefits are for workers who have a permanent disability but can still perform some work.

Death Benefits

If a worker dies as a result of a work-related injury or illness, death benefits are provided to the worker's dependents. These benefits include a lump sum payment, as well as weekly payments based on the worker's wages at the time of death. Funeral expenses are also covered up to a certain amount.

How to File a Workers' Compensation Claim in New Mexico

If you are injured at work or develop a work-related illness in New Mexico, it's important to take the necessary steps to file a workers' compensation claim. This process involves notifying your employer, seeking medical treatment, and filing a claim with the WCA.

First, you should notify your employer of your injury or illness as soon as possible. In New Mexico, you have 15 days to notify your employer in writing. Your employer should then provide you with a form to report your injury or illness to the WCA.

Seeking Medical Treatment

After notifying your employer, you should seek medical treatment immediately. Your employer may have a list of designated healthcare providers that you must see for your initial treatment. After that, you may choose your own doctor for further treatment.

It's important to follow all of your doctor's instructions and to keep all of your medical appointments. Your doctor's reports will play a crucial role in your workers' compensation claim.

Filing a Claim with the WCA

Once you have notified your employer and sought medical treatment, you can file a claim with the WCA. This involves completing a form and providing details about your injury or illness. You should file your claim as soon as possible, as there are time limits on when a claim can be filed.

After you file your claim, the WCA will review it and make a decision. If your claim is approved, you will begin receiving benefits. If your claim is denied, you have the right to appeal the decision.

Conclusion

Understanding the workers' compensation requirements in New Mexico is crucial for both employers and employees. By adhering to these requirements, employers can ensure a safe and productive work environment, while employees can receive the benefits they need in the event of a workplace injury or illness.

While the process of filing a workers' compensation claim can be complex, it's important to take the necessary steps to protect your rights. If you have any questions or need assistance with your claim, consider seeking legal advice.