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The Workers' Compensation Administration is responsible for administering Workers' Compensation in New Mexico. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in New Mexico. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the Workers' Compensation Administration, and is current as of January 2011.
In New Mexico, compensation benefits are adjusted annually, and changes become effective January 1 of each year. The rates shown below are in effect from January 1, 2011 to December 31, 2011.
In New Mexico, workers' compensation is compulsory, but some waivers are permitted. There is a competitive state fund. Employers may insure through private carriers, self-insurance, or through groups of employers. There is an exemption for employers with fewer than 3 employees.
Employers may secure coverage voluntarily, even though no statutory provisions are prescribed.
Employers are permitted to provide voluntary coverage.
Full medical benefits are provided with no time or monetary limitations.
The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $36 or actual wage if less, and the maximum is $699.01, 100% of SAWW. The maximum period of payments is the duration of disability.
The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $36 or actual wage if less, and the maximum is $699.01, 100% of SAWW. The maximum period of payments is the lifetime of the injured worker.
The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $36 or actual wage if less for scheduled injuries, and the maximum is $699.01, 100% of SAWW. For non-scheduled injuries, the maximum period of payments is 500 weeks if the disability is less than 80%, 700 weeks if it is greater than 80%, or 100 weeks if it is a primary or secondary mental impairment. The maximum payment amount is $489,307. If partial disability begins after a period of total disability, the period of total disability will be deducted from the maximum period.
New Mexico law covers disfigurement that is "Serious and permanent about the face or head". Benefits are a maximum of $2,500.
Section 52-1-70 A&B--Offsets unemployment compensation benefits against total disability benefits. If a worker is concurrently entitled to both types of benefits, the unemployment compensation benefits shall be primary and total disability benefits shall be supplemental only, and the sum of the two benefits shall not exceed the amount of total disability benefits otherwise payable.
New Mexico Workers' Compensation Administration
2410 Centre Ave SE
PO Box 27198
Albuquerque, NM 87125-7965
Phone: (505) 841-6000
Toll-free: 1-800-255-7965
Internet: http://www.workerscomp.state.nm.us/
Historical compensation benefit levels are available in PDF format (requires Adobe Acrobat Reader) online at:
http://www.workerscomp.state.nm.us/pdf/aww_table.pdf
New Mexico Workers' Compensation Statutes and Rules are available in PDF format (requires Adobe Acrobat Reader) online at:
http://www.workerscomp.state.nm.us/rules/index.php
Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.
Information for this topic was drawn from the WCA website at:
http://www.workerscomp.state.nm.us/
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