{"id":375184,"date":"2016-10-26T15:36:54","date_gmt":"2016-10-26T20:36:54","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/new-mexico-law\/new-mexico-workers-compensation-laws.html"},"modified":"2026-10-05T09:06:00","modified_gmt":"2026-10-05T14:06:00","slug":"new-mexico-workers-compensation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-mexico-law\/new-mexico-workers-compensation-laws.html","title":{"rendered":"New Mexico Workers’ Compensation Laws"},"content":{"rendered":"\n
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New Mexico Workers' Compensation Laws<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

New Mexico<\/span> workers<\/span>\u2019 compensation<\/span> insurance<\/span> is a state-mandated no-fault program providing medical benefits<\/span> and partial wage replacement to employees injured on the job. Covered workers gain full treatment coverage and financial support, while waiving the right to sue their employers.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n

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The New Mexico<\/span> Workers<\/span>\u2019 Compensation<\/span> Act<\/span> requires all employers with more than three employees, including part-time workers and seasonal workers, to have workers\u2019 compensation<\/span> insurance<\/span>. Any worker who suffers a work-related injury<\/span> or illness is entitled to receive all necessary medical treatment and partial wage replacement.<\/p>\n

The state of <\/span>New Mexico<\/span> Workers<\/span>\u2019 Compensation<\/span> Administration<\/span><\/a> handles all workers\u2019 comp<\/span> claims and questions. You can find forms to report your workplace injury on their website. For other concerns, contact a New Mexico<\/span> workers<\/span>\u2019 compensation<\/span> attorney<\/a>.<\/p>\n

Workers Compensation<\/span> Eligibility<\/h2>\n

Workers\u2019 compensation<\/span> insurance<\/span> is a type of \u201cno-fault\u201d insurance. It provides employees with full medical treatment and partial wage replacement after a job-related accident. In return, employees waive the right to sue their employer for damages following an accident.<\/p>\n

Who\u2019s Covered<\/h3>\n

All New Mexico<\/span> businesses<\/span> with three or more employees must have workers\u2019 compensation<\/span> coverage<\/span>. New Mexico<\/span> statutes<\/span><\/a> explain which businesses are included in the requirement and which employees are exempt from coverage.<\/p>\n

Businesses licensed under the\u00a0Construction Industries Licensing Act<\/span><\/a>\u00a0must have\u00a0workers\u2019 compensation<\/span> coverage<\/span>\u00a0regardless of the\u00a0number of employees<\/span>. State and local government workers are also covered by workers\u2019 compensation<\/span> on the job. Part-time, seasonal, and paid family members are considered employees for\u00a0workers\u2019 compensation<\/span> insurance<\/span> purposes. New Mexico<\/span> law requires agricultural businesses to have workers\u2019 comp<\/span> insurance if they have the minimum number of employees<\/span>, including part-time and seasonal workers.<\/p>\n

Unlike some states, executives, partners, and business owners count as employees for\u00a0workers\u2019 compensation<\/span> purposes. Executive officers, including the chairman of the board, are employees, as is a partner in a limited partnership. A sole proprietor<\/span> can exempt themselves if they are the only employee in their business.<\/p>\n

Who Isn\u2019t Covered<\/h3>\n

Not all employees are covered by workers\u2019 compensation<\/span>. Federal employees working in New Mexico<\/span> are covered by federal compensation laws, not by the state laws. In addition:<\/p>\n