How Does Workers’ Comp Work in New Mexico?
In New Mexico, the workers' compensation system is a state-mandated insurance program providing benefits to employees who suffer job-related injuries and illnesses. The system operates on a no-fault basis, meaning the employee does not need to prove the employer was negligent to receive benefits. However, in some instances, they can pursue a personal injury claim against liable third parties.
Covered injuries comprise of any harm or illness that occurs due to the nature of the job or work-related activities. This spans from physical injuries like fractures, burns, and sprains to occupational illnesses such as asbestos-related diseases or repetitive stress injuries.
To qualify for benefits, an injured employee will need to file their claim within a year of having notified their employer of their injury. Employees should provide employers notice of a work-related injury within 15 days of being injured or discovering the injury or illness.
The benefits that workers are entitled to under this law include medical treatment costs, temporary or permanent disability benefits, and vocational rehabilitation. These benefits aim to compensate for lost wages while the worker is unable to work and help them return to suitable employment.
Calculating Workers’ Compensation in New Mexico
In New Mexico, claimants may receive one of the following types of workers' compensation benefits:
Temporary total disability (TTD) benefits, which aim to compensate an injured worker who cannot work at all while recovering.
Permanent total disability (PTD) benefits, which aim to compensate an injured party who have a disability rating of 100% and are unable to work without risk of worsening their injury or condition.
Temporary partial disability (TPD) benefits, which aim to compensate an injured party who can continue working but at a reduced rate or for reduced hours.
Permanent partial disability (PPD) benefits, which aim to compensate an injured party who has a disability rating of 99% or less, which means they are able to work in a lesser capacity than they were prior to their accident.
Death and dependency benefits, which aim to compensate the dependents of a worker who died because of a work-related injury or illness within two years of the incident.
The amount of compensation you can expect from a worker’s compensation claim will vary based on the type of benefits you receive:
With TTD benefits, a person can receive 66.6% of their wages for the duration of their disability (up to the state maximum).
With TPD benefits, a person can receive two-thirds of the difference between their regular and reduced wages.
With PPD and PTD benefits, a person can receive benefits based on their impairment rate, the nature of their injuries, the affected parts of their body, and other case-specific factors.
Spouses, children, and other immediate family members (that are considered dependents) of those receiving workers’ compensation claims are eligible to receive death and dependency benefits. The benefits that the worker would receive under workers’ compensation will be paid to their beneficiaries for the duration that the worker would have been entitled to payment or as long as the beneficiaries remain qualified. Claimants can also receive up to $7,500 in death benefits to cover funeral expenses.
Wondering whether you can receive workers' compensation benefits and for how much? Contact Michael Doyle, Attorney at Law online or via phone at (505) 219-2176 to schedule an initial consultation.