How is Workers’ Compensation Calculated in New Mexico?

Posted by Liles White PLLC | 08/25/21 | Workplace Accident

A workers’ compensation claim provides reimbursement for the economic losses suffered due to a workplace accident. It pays for the cost of medical care, including any procedures or therapy required for recovery. Workers’ compensation also pays for a portion of a worker’s lost wages.

New Mexico has laws requiring employers with three or more employees to carry workers’ compensation insurance.

Who Can File a New Mexico Workers’ Compensation Claim?

Workers’ compensation systems are no-fault, meaning an employee does not need to prove their employer was negligent to collect benefits. All an employee must prove is that they suffered an injury or illness, and it was directly related to their work duties.

In exchange for the no-fault system, workers are precluded from filing traditional personal injury suits against their employers. They may, however, be eligible to file an injury claim against a third party.

To qualify for workers’ compensation benefits, an employee must follow New Mexico’s related rules and regulations including:

  • Giving an injury notice to the employer within fifteen days; and
  • Filing a claim within one year of that notification.

A Breakdown of New Mexico Workers’ Compensation Benefits

New Mexico workers’ compensation disability benefits include temporary total disability, permanent total disability, permanent partial disability, and death and dependency benefits. The following is a breakdown of these benefits by category:

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 worker’s actual wage if it is less;
  • Maximum weekly payment is 100 percent of the New Mexico state average weekly wage or $669.21; and
  • Maximum number of payments is limited only to the time the disability lasts.

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 state average weekly wage or $669.21; and
  • 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 worker’s 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; and
  • 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 length of payments is 100 weeks if mental impairment; and
    • Maximum payment amount is $468,447.

New Mexico Workers Death/Dependency Benefits:

  • Dependents are entitled to indemnity benefits. The beneficiaries may include spouses, 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; and
  • 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.

Contact an Experienced New Mexico Workers’ Compensation Attorney

If you or your loved one suffered a work-related injury, contact the experienced workplace accident attorneys in New Mexico at Liles White. You could qualify for a workers’ compensation or third-party negligence claim.

Learn more about your options today by contacting Liles White in Santa Fe, New Mexico and speaking with one of our legal team.