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How Much Workers' Comp Pays in New Mexico

How New Mexico calculates weekly workers' comp benefits, the current maximum, the waiting period and permanent disability.

Short answer: Temporary total disability benefits are up to 66 2/3% of the worker's average weekly wage, subject to the state maximum and minimum. WCA Frequently Asked Questions

Weekly benefit rateTemporary total disability benefits are up to 66 2/3% of the worker's average weekly wage, subject to the state maximum and minimum. They stop when the worker reaches maximum medical improvement, when the employer offers work at the pre-injury wage, or when the worker accepts other employment at the pre-injury wage.
Maximum weekly benefitFor injuries in 2026 (January 2026 table), the maximum weekly benefit is $1,146.66 (100% of the state average weekly wage) and the minimum is $36.00. The table lists a total maximum of $573,275 for 500 weeks and $802,585 for 700 weeks.
How long benefits lastTemporary disability benefits last until the worker reaches maximum medical improvement (MMI) or returns to work at the pre-injury wage, and the maximum time a worker could receive temporary benefits is capped at 700 weeks. Permanent partial disability for whole-body injuries is typically paid for up to 500 weeks minus any weeks of temporary total disability; a worker with a disability rating of 80% or higher may receive benefits for up to 700 weeks. Scheduled injuries to listed body parts are paid for a set number of weeks depending on the body part (for example, 115 weeks for a foot at the ankle). Permanent total disability, which applies to a brain injury or the permanent total loss or loss of use of both hands, arms, feet, legs or eyes (or any two of them), provides lifetime benefits.
Waiting periodTemporary total disability benefits begin on the 8th day the worker is unable to work (the days need not be consecutive). The first 7 days are not paid unless the worker is off work for more than 4 weeks.
Permanent disabilityAfter maximum medical improvement, a worker with a permanent impairment (rated by a health care provider under the AMA Guides) may receive permanent partial disability benefits. Scheduled injuries to specific body parts are paid for a set number of weeks listed in the statute (for example, 115 weeks for a foot at the ankle, up to 200 weeks for an arm). Whole-body injuries are generally paid up to 500 weeks minus weeks of temporary total disability, or up to 700 weeks if the disability rating is 80% or more; the amount depends on the impairment rating and whether the worker returns to work at the pre-injury wage. Permanent total disability, which applies to a brain injury or the loss or loss of use of two hands, arms, feet, legs or eyes (or any two of them), pays lifetime benefits at the compensation rate.
From the WCA Worker Guidebook (2019 edition, based on the law and rules in effect in 2017); check the current statute for later changes.

Where to get help in New Mexico

More New Mexico workers' compensation

FAQ

How much does workers' comp pay in New Mexico?
Temporary total disability benefits are up to 66 2/3% of the worker's average weekly wage, subject to the state maximum and minimum. They stop when the worker reaches maximum medical improvement, when the employer offers work at the pre-injury wage, or when the worker accepts other employment at the pre-injury wage.
What is the maximum workers' comp benefit in New Mexico?
For injuries in 2026 (January 2026 table), the maximum weekly benefit is $1,146.66 (100% of the state average weekly wage) and the minimum is $36.00. The table lists a total maximum of $573,275 for 500 weeks and $802,585 for 700 weeks.
How long can you receive workers' comp in New Mexico?
Temporary disability benefits last until the worker reaches maximum medical improvement (MMI) or returns to work at the pre-injury wage, and the maximum time a worker could receive temporary benefits is capped at 700 weeks. Permanent partial disability for whole-body injuries is typically paid for up to 500 weeks minus any weeks of temporary total disability; a worker with a disability rating of 80% or higher may receive benefits for up to 700 weeks. Scheduled injuries to listed body parts are paid for a set number of weeks depending on the body part (for example, 115 weeks for a foot at the ankle). Permanent total disability, which applies to a brain injury or the permanent total loss or loss of use of both hands, arms, feet, legs or eyes (or any two of them), provides lifetime benefits.
Is there a waiting period for workers' comp in New Mexico?
Temporary total disability benefits begin on the 8th day the worker is unable to work (the days need not be consecutive). The first 7 days are not paid unless the worker is off work for more than 4 weeks.
How does permanent disability work under workers' comp in New Mexico?
After maximum medical improvement, a worker with a permanent impairment (rated by a health care provider under the AMA Guides) may receive permanent partial disability benefits. Scheduled injuries to specific body parts are paid for a set number of weeks listed in the statute (for example, 115 weeks for a foot at the ankle, up to 200 weeks for an arm). Whole-body injuries are generally paid up to 500 weeks minus weeks of temporary total disability, or up to 700 weeks if the disability rating is 80% or more; the amount depends on the impairment rating and whether the worker returns to work at the pre-injury wage. Permanent total disability, which applies to a brain injury or the loss or loss of use of two hands, arms, feet, legs or eyes (or any two of them), pays lifetime benefits at the compensation rate.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.