Workers' Compensation: New Mexico

Federal law and guidance on this subject should be reviewed together with this section.

Author: Nicole Farley, Fisher Phillips.

Summary

• All New Mexico employers covered by the Workers' Compensation Act are required to post the New Mexico Workers' Compensation Act Poster in the workplace. See Notice Requirements.
• Most employers must carry workers' compensation insurance, with few exceptions. See Covered Employers.
• Most employees are covered by workers' compensation insurance, with some exceptions. See Covered Employees.
• Workers' compensation generally covers injuries and illnesses arising out of employment. See Compensable Injuries.
• Employers may not be liable for all injuries incurred on the job, depending upon the circumstances. See Employer Defenses to Workers' Compensation Claims.
• Workers' compensation pays for all reasonable and necessary medical treatment related to a work-related injury, with no dollar or time limit. See Medical Benefits.
• In addition to paying medical benefits, workers' compensation pays for partial wage replacement and other benefits, calculated on the injured worker's average gross wages. See Other Benefits.
• Employers may not terminate, punish, or retaliate against an employee who files a workers' compensation claim. See Retaliation and Interference.
• New Mexico law provides for an administration court system to resolve disputed claims. See Disputed Claims Procedure.