New Mexico Workmans Comp Highlights

Workers compensation in New Mexico is managed by the New Mexico Worker's Compensation Administration (WCA) based in Albuquerque. The WCA works to help employees injured on the job as well as to help employers understand insurance options and handle the claims process. Their main phone number is 800-255-7965. They have regional offices in Las Vegas, Roswell, Lovington, Las Cruces, Farmington and Sante Fe.

In addition to assisting with workers comp claims, the WCA strives to promote workplace safety in the effort to minimize accidents and focus on the root cause of most cases. Efforts include periodic emails and letters to employers, brief safety informational sessions and information on their website.

Of course, accidents do happen and the WCA is organized to provide a safety net for injured workers by providing benefit payments to cover eligible medical costs and a percentage of lost income. Employers are required to maintain insurance coverage so that, when accidents occur, the insurance company is able to make the benefit payments to the employee.

There are certain required steps in a claim process if you have been injured on the job in New Mexico. The most important step is that you should inform your supervisor immediately, providing the date and time and details about the accident. You are allowed 15 days to notify your employer but delaying could jeopardize your rights to benefits. Once your employer has been informed, you will start seeing a health care provider for recovery treatments.

Although most New Mexico employers are required to maintain insurance coverage, in the event that your employer does not have coverage you may be covered under the Uninsured Employers' Fund (UEF). If this is the case, the UEF will make payments for your medical costs and partial lost income and will be reimbursed by your employer.

In order to receive payments for lost income, your doctor must confirm that you are unable to work. Once your doctor has confirmed this situation you will be eligible for Temporary Total Disability (TTD) payments. The amount of these payments is set to 66 2/3% of the average gross weekly income you earned prior to the incident. If you are disabled for less than 7 days you will not receive any payments. If you are disabled for more than 7 days and less than 4 weeks you will receive payments for day 8 through the number of days you are off work. If you are disabled for longer than 4 weeks, you will then receive payments for the first 7 days that you are unable to work.

Your doctor will continue to evaluate your condition. If he or she feels that you have improved to the point that you may return to work, your TTD payments will end. If they feel that you will not improve any further, you may be eligible for Permanent Partial Disability (PPD). PPD payments would pick up where TTD payments end.

Under the law in New Mexico, employers have the right to select doctors for injured employees. However, the employee also has the right to select a doctor of their choice after having seen the employer doctor for a period of 60 days.

While New Mexico workers are not required to have attorneys during the claim process, the law and process can be complicated. There are many lawyers with years of experience with compensation claims and consulting one for advice may be in the best interest of injured workers.