Federal & State Regulations | Workers’ compensation - New Mexico

State Info

Summary of differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Competitive state fund or self-insurance by private carrier, individual employer, or group of employers.

Exemptions from WC: Employers with 3 or fewer employees. Agricultural employers are not required to have coverage but may secure it voluntarily.

Medical benefits provided: Full.

Physician selection: Employer selects physician. After a specified period employee has free choice.

Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for duration of disability.

Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage for the lifetime of the injured worker.

Benefits for permanent partial disability (PPD): up to 66 2/3 percent of worker’s wage for up to 500 weeks if disability is less than 80 percent; 700 weeks if greater than 80 percent; 100 weeks (primary mental impairment.) greater of 100 weeks or duration of physical disability (secondary mental impairment). If partial disability begins after a period of total disability, the period of total disability shall be deducted from the maximum period.

Scheduled awards: Scheduled awards are paid in addition to and upon termination of TTD benefits. Awards are not reduced because of receipt of TTD benefits, unless paid more than 700 weeks.

Disfigurement benefits: A maximum of $2,500 compensation is paid for serious and permanent disfigurement about the face or head.

Death benefits for surviving spouse and children: 66 2/3 percent of employee’s wage for up to 700 weeks. Two-year lump sum payable upon remarriage. Children receive benefits beyond age 18 if disabled, or until age 23 if full-time students. Total maximum equals 700 multiplied by the maximum weekly benefit payable at the time of injury.

Maximum burial allowance: $7,500.

Waiting period: 7 days. Compensation is retroactive if disability continues for 4 weeks from date of injury.

Rehabilitation: Both vocational rehabilitation (VR) and physical rehabilitation (PR) are covered. Employer is responsible for VR costs, but if employee refuses to submit to evaluation or accept VR, employer only pays for medical and disability benefits. During VR employer pays cost of board, lodging, tuition, travel, and all other expenses. Employees must accept VR and have a two-year limit in which to complete training and $2,500 limit for employee evaluation and counseling. During VR employees receive TTD plus board, lodging, tuition, travel and all other expenses for up to two years. Employees must notify employer within 120 days of release from health care.

Attorney fees: Maximum of $16,500, statute, determined by court.

Occupational hearing loss statutes: Employee has 1 year to file for compensation. Compensation for one year is $21,602; for two years it is $81,010. There is a deduction for preexisting loss.

Forms - www.workerscomp.state.nm.us/NMWCA-Forms