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New Mexico Injured Employee Workers Compensation Benefits

Important workers compensation benefit information for injured New Mexico employees

New Mexico Workers Compensation Medical Benefits -

  • Injured New Mexico workers are provided with all reasonable and necessary health care treatment related to a work injury without limitations on time or cost.

Who Chooses the Physician for Injured Workers in New Mexico-

  • The law allows the New Mexico employer to initially select which doctor or the employer can allow the injured workers to pick their own doctor. If the employer picks the doctor, then the worker has the automatic right to change to a doctor of their choice after 60 days of treatment. If the injured worker initially picks the doctor, the employer can send them to their doctor after 60 days of treatment. Whoever is allowed to change doctors, must notify the other of the change by completing and sending to the other a form called "NOTICE OF CHANGE OF HEALTHCARE PROVIDER."

New Mexico Workers Compensation Disability Benefits -

  • Temporary Total Disability (TTD) Benefits:
    • Compensation is 66 2/3 percent of the injured New Mexico workers wage.
    • Minimum weekly payment is $36 or the workers actual wage if it is less.
    • Maximum weekly payment is 100 percent of the New Mexico sate average weekly wage or $669.21.
    • Maximum number of payments is limited only to the time the disability lasts.
    • Note:
      • Current New Mexico state average weekly wage is: $669.21.
      • No indemnity benefits are paid for the first 7 days off work. This is called the “waiting period.” If you cannot work for more than 4 weeks, indemnity benefits must be paid for the missed first week.

  • Permanent Total Disability (PTD) Benefits:
    • Compensation is 66 2/3 percent of the injured New Mexico workers wage.
    • Minimum weekly payment is $36 or the workers actual wage if it is less.
    • Maximum weekly payment is 100 percent of the New Mexico sate average weekly wage or $669.21.
    • Maximum number of payments is for the lifetime of the injured New Mexico worker.

  • Permanent Partial Disability (PPD) Benefits:
    • Compensation is 66 2/3 percent of the injured workers wage.
    • For scheduled injuries the minimum weekly payment is $36.
    • For scheduled injuries the maximum weekly payment is 100 percent of the New Mexico state average weekly wage which would be $669.21.
    • Non-scheduled injuries:
      • Maximum length of payments is 500 weeks when the disability is less than 80%;
      • Maximum length of payments is 700 weeks when the disability is more than 80%;
      • Maximum lenght of payments is 100 weeks if mental impairment.
      • Maximum payment amount is $468,447.


New Mexico Workers Death/Dependency Benefits -

  • Dependents are entitled to indemnity benefits. The beneficiaries may include spouse, dependent children, or other immediate family members if they were financially dependent on the worker. The family is eligible only if the worker has died as a result of the work-related accident within two years after the accident.
  • The death benefit includes all the worker’s medical expenses. Benefits to survivors include any indemnity benefits that were due to the worker at the time of death. The indemnity benefits will continue for the spouse or children of the worker, for as long as the worker would have been entitled to the benefits, or for as long as the beneficiaries remain qualified. For example, when children reach age 18, or age 23 if full-time students, they are no longer entitled to benefits.
  • The death benefit also includes actual funeral expenses up to $7,500.
  • If a spouse of the deceased worker remarries while receiving indemnity benefits, the spouse can receive up to two years’ benefits in a lump sum.


New Mexico Workers Compensation Attorney Fees -

  • New Mexico attorney fees are limited by state statute to $16,500 and may be added to the award under certain circumstances.

More specific workers compensation employee benefit information for this state can be found by following the link below. It will take you directly to the state web page containing employee's workers compensation rights and benefits:

http://workerscomp.state.nm.us/partners/workers.php



Important Notice Please Read: All 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.


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