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How does workers’ compensation work in New Mexico?

On Behalf of | Aug 18, 2021 | Firm News |

Most New Mexico employers must carry workers’ compensation insurance under state law. If you get hurt at work or receive a diagnosis of a work-related illness, this program covers medical treatments and other expenses.

Review the workers’ compensation process in New Mexico if you or a loved one has an illness or injury caused by your job.

Steps to take

The state requires you to tell your employer in writing if you have a work injury or illness diagnosis. You have 15 days to provide this notice. New Mexico allows the employer to choose the health care provider for your injury or illness, but the company can also defer to the worker for this choice.

If you have an issue with your workers’ compensation claim, New Mexico also provides mediation and dispute resolution services. In cases involving disagreement, the state may order review by an independent medical examiner.

Available benefits

Depending on the extent of your illness or injury, you may qualify for:

  • Medical treatment, including doctor appointments, treatments, medications and other necessary care
  • Temporary or permanent partial disability payments if you cannot perform the job you used to do
  • Temporary or permanent total disability payments if your doctor says you cannot return to work because of your medical condition
  • Survivor benefits if a loved one lost his or her life to a work injury or illness

Generally, the state calculates disability payments at two-thirds the average weekly wage you earned in the six-month (26-week) period prior to the accident or illness diagnosis.