Who is eligible for workers’ compensation benefits in New Mexico?

If you were injured on the job or suffered an occupational illness, you may be entitled to workers’ compensation benefits to pay medical bills and replace lost wages. Like many other states’ laws, New Mexico’s workers’ compensation program is a no-fault law that provides benefits to injured workers regardless of who was at fault in causing the accident.

Are You Eligible for Workers’ Compensation Benefits?

Almost all employers in our state are required to have workers' compensation insurance. Employers who staff three or more workers must provide workers’ comp benefits to injured workers. An employer and members of his or her family who work at the business are also considered employees. Part-time staff, temporary and seasonal workers, and many agricultural laborers are also considered employees under this rule.

In addition, an employer who has personnel in the construction industry—even if it's less than three employees—is required to have workers’ compensation insurance.

Assuming that your employer is required to provide workers’ compensation, you could be entitled to benefits if you can demonstrate the following:

  • You are an employee with active standing.
  • Your injury or illness was caused during the course of your employment.

Exceptions to Providing Workers’ Compensation Benefits

In limited situations, an employer isn't required to provide workers’ compensation to injured personnel. You wouldn't be eligible for benefits if you're of the following:

  • Independent contractor
  • Domestic worker
  • Real estate salesperson who receives a commission
  • Federal employee covered under federal workers’ compensation laws
  • Executive who meets certain requirements and has elected not to receive workers’ comp benefits
  • Sole proprietor

Contact Our Roswell Office for Help

Even if you're clearly eligible for workers’ compensation and suffered an injury on the job, your employer’s insurance company could deny your claim for benefits. Call our office today to schedule a free case evaluation to learn about your rights to workers’ compensation benefits and how our legal team can help.