Workers’ Compensation in New Mexico
If you got hurt at work, you probably have questions. Who pays for your doctor? What happens if you can’t work? Can you get fired for reporting an injury? In New Mexico, we have a system called Workers’ Compensation that helps protect workers and employers. It’s been around for over 100 years, and it’s designed to make sure you get the help you need when you’re injured on the job.
This article is your simple guide to New Mexico Workers’ Compensation laws in 2025. We’ll break down your rights, your boss’s responsibilities, and what to do if you get hurt at work. And we’ll do it in plain language.
Disclaimer: This article is for informational purposes only and is not legal advice. Every workers’ compensation case is different. For legal advice about your specific situation, please contact an attorney licensed in New Mexico.
What Is Workers’ Compensation?
Workers’ compensation (“work comp”) is like insurance. If you get hurt or sick because of your job, workers’ comp pays for your medical care and gives you money if you can’t work. It doesn’t matter if the injury was your fault or your boss’s fault — you still get help.
New Mexico law says most businesses must carry this insurance. If your employer has 3 or more workers, they have to carry it. If they’re in construction, they need it even with just 1 worker in New Mexico.
What Are My Rights as a Worker?
If you get hurt at work, you have rights. Here are the most important ones:
1. Medical Care
You won’t pay for medical treatment for your injury. That means no copays, no bills. It covers doctor visits, surgery, medicine, therapy, and even travel costs to get to appointments.
2. Wage Replacement
If you can’t work because of the injury, you’ll get part of your wages. In most cases, that’s two-thirds of your normal paycheck. It won’t be your full pay, but it helps while you recover.
3. Choice of Doctor (After 60 Days)
Your boss can choose your doctor at first — or let you choose. After 60 days, you can switch to a different doctor if you want.
4. Right to File a Claim
If your injury isn’t being handled fairly, you can file a claim with the New Mexico Workers’ Compensation Administration (WCA). They help settle disagreements.
5. Protection from Retaliation
Your boss can’t fire you or punish you for getting hurt or using workers’ comp. It’s against the law.
6. Help from the WCA
You don’t need a lawyer to get started. The WCA has ombudsmen who help injured workers understand their rights — for free.
What Does My Employer Have to Do?
Your employer has responsibilities too. Here’s what they must do:
- Carry Workers’ Comp Insurance if required
- Post a work comp poster at the job site
- Give you a Notice of Accident form to fill out
- Report your injury to their insurance company
- Let you get medical treatment quickly
- Follow the law and not punish you for using your rights
If your employer doesn’t have insurance, the state can fine them and make them pay out of pocket. You can still get help through a special fund.
What Kinds of Injuries Are Covered?
Workers’ comp covers most injuries and illnesses caused by your job. That includes:
- Accidents (like falling off a ladder or cutting your hand)
- Repetitive use injuries (like back pain or carpal tunnel)
- Work-related illnesses (like breathing problems from dust or chemicals)
- Mental injuries (like PTSD from a work trauma — new laws in 2025 make this more fair)
What If My Boss Says I’m Not Covered?
Some employers try to say a worker is an “independent contractor” to avoid paying for workers’ comp. But the law looks at how much control your boss has over your work. If they control your schedule, give you tools, and tell you how to do your job, you’re probably an employee — and you’re covered.
Even if your employer doesn’t have insurance, you can still get help from the Uninsured Employers’ Fund.
What’s New in 2025?
✨ New Mental Health Protections
If you get depression, anxiety, or PTSD after a physical injury, you can now get more benefits. The New Mexico Supreme Court said the old law didn’t treat mental illness fairly. That changed in 2024.
✨ More Help Paying Legal Fees
In 2025, the state raised the limits on how much a workers’ comp lawyer can be paid. That means more attorneys are willing to help — especially in rural areas.
✨ Updated Rules from the WCA
The Workers’ Comp Administration updated their rules to make the system easier to use. Employers have clearer instructions, and the dispute process is faster.
What Should I Do If I’m Hurt at Work?
- Tell your boss right away. You have 15 days to report the injury.
- Get medical help. Your boss may tell you where to go first.
- Keep all your forms. Fill out the Notice of Accident and keep a copy.
- Talk to the insurance adjuster. They’ll explain your benefits.
- Contact the WCA if you need help. They’ll guide you, and it’s free.
If your benefits are delayed, denied, or you don’t understand what’s happening, call the WCA or talk to a lawyer.
What If I Can’t Go Back to My Old Job?
If your injury keeps you from doing the same work, you might get permanent disability benefits. You may also qualify for vocational help to learn a new skill. Some employers can offer you a light-duty job while you heal.
Common Questions
Can I get fired for getting hurt?
No. That’s against the law.
Do I have to pay for the doctor?
No. It’s covered 100% by workers’ comp.
Do I get my full paycheck?
No. You get about two-thirds of your regular wages.
Can I see my own doctor?
Yes, after 60 days of seeing the one chosen by your employer.
Do I need a lawyer?
Not always. But if your claim is denied or confusing, it can help.
Final Thought: You Have Rights
Getting hurt on the job can feel scary. But you’re not alone. New Mexico’s workers’ compensation system is here to help. You have the right to care, the right to compensation, and the right to stand up for yourself.
If you’re not sure what to do, call Dunn Law. We help workers across New Mexico understand their rights and fight for fair treatment. Your job is to heal. Our job is to help.
