New Mexico Workers' Compensation Laws

Workers' compensation is required for employers with 3 or more employees. All construction employers must carry coverage regardless of employee count. Employers must file a certificate of insurance with the Workers' Compensation Administration.

TTD benefits are 66 2/3% of the worker's average weekly wage, payable starting on the 8th day of non-work status. Benefits continue until the worker reaches Maximum Medical Improvement (MMI), returns to work at pre-injury wage, or accepts comparable employment elsewhere.

Employers must decide in advance whether they or the worker choose the initial healthcare provider and notify employees in writing. Whichever party makes the initial choice, the other party may request a change of provider within 60 days.

Employers are prohibited from retaliating against employees for filing workers' compensation claims. If a judge finds pretextual termination, the worker receives modifier benefits and the employer is subject to penalties. The judge may also impose an additional fine of up to $10,000 payable to the worker.

Workers' compensation is the exclusive remedy for work-related injuries. Employees generally cannot sue their employer in tort for workplace injuries, except in cases of intentional harm or when the employer is uninsured.