New Mexico Workers Compensation - minimum and maximum payrolls,laws,rules,subrogation,statutes,state contacts and detailed policy information

State: New Mexico

Authority/Rating Bureau: NCCI, National Council on Compensation Insurance

Compulsory: Yes

Private Insurance: Allowed

Self-Insurance: Allowed

State Fund: Yes, there is a competitive state fund. New Mexico Mutual - Contact at:

New Mexico Mutual

3900 Singer Blvd. NE

PO Box 27825

Albuquerque, NM 87109

Main: 505-345-7260

Toll Free: 800-788-8851

http://www.nmmcc.com/

Assigned Risk: New Mexico Workers Compensation Assigned Risk Plan - administered by NCCI

Numerical Exceptions: Employers with fewer than 3 employees are exempt.

Individual Waivers Allowed: Yes

Sole Proprietor: Excluded from coverage/may elect to be included. When included the rating payroll used is $36,300 as of 1-1-11.

Partners: Excluded from coverage/may elect to be included. When included the rating payroll used is $36,300 as of 1-1-11

Corporate Officers: Included in coverage/may elect to be exempt - Employees of a corporation who are also officers or executives of the corporation may choose to exempt themselves from coverage. This exemption is limited to the chairman of the board, president, vice president, secretary, treasurer or other executive officer; and only if that employee owns 10 percent or more of the stock of the corporation. These individuals can exempt themselves by filing an Executive Employee Exemption form with the WCA. When included the rating payroll used is banded between a minimum of $36,400 and a maximum of $145,600 as of 1-1-11.

LLC Members: Included in coverage/may elect to be exempt - Executive employees of a limited liability company may also exempt themselves under this provision. The exemption applies to members who have a 10 percent or greater ownership in the limited liability company. When included the rating payroll used is banded between a minimum of $36,400 and a maximum of $145,600 as of 1-1-11.

Contractors: Construction contractors must be licensed in New Mexico. The state agency that issues licenses is:

Construction Industries Division

State of New Mexico Regulation and Licensing Department

725 St. Michael's Drive

P.O. Box 25101

Santa Fe, NM 87504

(505) 827-7030

Fax: (505) 827-7045

http://www.rld.state.nm.us/CID/index.htm

Special Notes: All employers who employ three or more workers are required by law to have workers’ compensation coverage, except:

all employers engaged in activities required to be licensed under the Construction Industries Licensing Act must have coverage, regardless of the number of employees;
coverage is not required for household servants;
coverage is not required for real estate salespersons;
coverage is not required for farm and ranch laborers.

For the purpose of determining “three or more,” every person who does the work of the business entity is considered an employee of the business. This includes the owner of the business, if the owner works in the business.

In counting the number of employees of a corporation or limited liability company to determine whether it must have coverage, officers or executives who have exempted themselves must be counted.

No special exemption is made for family members who are employees. Coverage is required for family members just as for any other employees. If family members are executive employees, they may exempt themselves if they qualify as described above.

Part-time workers must be counted for the coverage requirement. An employer who has three part-time workers is required to have coverage.

Non-profit, charitable and religious organizations are not exempt. They must have coverage and should follow the same safety practices as any other employer.

Farm and ranch laborers are specifically exempted from mandatory coverage if they spend the majority of their time in actual growing and harvesting produce, meat or dairy products. However, other workers, such as those who pack, process and transport farm produce, are required to be covered if the farm or ranch employs three or more workers. Farm and ranch employers who use both farm and non-farm labor may wish to seek advice on the effect of this ruling for their businesses.

If you are operating on an Indian reservation, does Indian sovereignty make you immune from the New Mexico workers’ compensation law? Generally, the answer is no. The general guideline is that tribal sovereignty primarily applies to economic enterprises of the tribe, particularly on tribal land. Numerous tribes have chosen to have New Mexico workers’ compensation coverage for their tribal enterprises. Other tribes have chosen to require private businesses located on their land to provide New Mexico workers’ compensation coverage. This coverage protects the workers and greatly reduces risks for the employer. The New Mexico WCA does not have enforcement authority on tribal land. However, the tribal government may choose to enforce the requirement.

All employers covered by the New Mexico Workers' Compensation Act must pay the workers' compensation personnel assessment fee. The fee is an administrative payment to the state (a tax), and does not provide insurance coverage.

New Mexico Subrogation: State Statute 52-5-17 is the statute that deals with workers compensation subrogation for the State of New Mexico. New Mexico 52-5-17 is titled Subrogation. We cannot provide you with a direct link to this statute but follow these instructions and you can view this statute online. Go to the link we've provided below and click it. From the menu on the left select "NMSA 1978" then scroll down and select "New Mexico Statutes Annotated 1978." Scroll down and select item 52, "Workers Compensation." Select "Worker's Compensation Division, 52-5-1 through 52-2-22. Scroll down to 52-2-17, select it and read the statute.

New Mexico Subrogation Statute

New Mexico While Workers Working In Other States; Other States Workers Working In New Jersey, Extraterritorial, Reciprocity and Non-Compliance: When New Mexico workers are working temporarily in another state, workers compensation coverage for that worker is then governed by the extraterritorial provisions found in New Mexico statutes. When or if allowed it's extraterritorial provisions that allow benefits for an injured worker to apply as if the worker was in their primary state. You must be cautious because not all states provide Extraterritorial Provisions. It's reciprocity that governs how New Mexico workers compensation coverage responds for a worker from another state who is working temporarily in New Mexico and you'll find New Mexico requires specific agreements with other jurisdictions for reciprocity to apply. Compliance of workers compensation laws varies from state to state and it is important for an employer with workers performing duties in other states to be aware of the specific state rules that govern their coverage. We've provided the below general information about extraterritorial and reciprocity as a basic guide. Please contact your New Mexico state authority with your specific questions concerning this topic!

Extraterritorial:
- Provisions: Yes
- Duration: Does not apply
Reciprocity:
- Allowed: Not automatic. Requires special agreements between specific jurisdictions.
Specific Statute: 52-1-64, Extraterritorial Coverage;
Specific Statute: 52-1-65, Credit for benefits furnished or paid under laws of other jurisdictions;
Specific Statute: 52-1-66,Nonresident employers employing workers in state; requirement for insurance; enforcement;
Specific Statute: 52-1-67,Locale of employment; definitions;
Specific Statute: 52-1-68,Reciprocal recognition of extra-territorial coverage with other jurisdictions;
For More Information Contact: New Mexico Workers' Compensation Administration shown below.

Regulated By:

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

http://workerscomp.state.nm.us/

Workers Compensation Statute:

http://www.workerscomp.state.nm.us/rules/index.php

Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.

Contact Us:
WORKERS COMPENSATION CONSULTANT
Voice: (931) 292-2633
Fax: (573) 447-4998
email: rks@workcompconsultant.com

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New Mexico Workers Compensation Laws

Workers compensation policy information for the State of New Mexico