Appealing a Denied Workers' Comp Claim in New Mexico
The deadline to challenge a denied workers' comp claim in New Mexico, where to file, and the steps from hearing to appeal.
Short answer: If the employer or insurer fails or refuses to pay compensation due, the worker must file a claim with the Workers' Compensation Administration no later than one year after that failure or refusal (tolled up to one year while still employed by the same employer), and not sooner than 31… NMSA 1978, §§ 52-1-31, 52-5-5, 52-5-8
| Deadline to challenge a denial | If the employer or insurer fails or refuses to pay compensation due, the worker must file a claim with the Workers' Compensation Administration no later than one year after that failure or refusal (tolled up to one year while still employed by the same employer), and not sooner than 31 days after the injury. The director attempts informal resolution and issues a recommendation within 60 days; each party has 30 days to accept or reject it, and a timely rejection sends the claim to a workers' compensation judge. Any party may appeal the judge's final order by filing a notice of appeal with the New Mexico Court of Appeals within 30 days of mailing of the order. Read on NMOneSource (New Mexico Compilation Commission official site), NMSA 1978 unannotated, chapter document; the URL is the chapter page. |
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| Appealing a denial | If a workers' compensation judge decides a case, either party may appeal within 30 days of notice of the judge's final order. The appeal goes first to the New Mexico Court of Appeals, which reviews the record for legal error and whether the evidence supports the decision; it is not a new trial. From the WCA Worker Guidebook (2019 edition, based on the law and rules in effect in 2017); check the current statute for later changes. Source: WCA Worker Guidebook |
| Deadline to file a claim | A worker must file a claim (complaint) with the WCA within one year after the worker knew or should have known of the work-related injury, or within one year after the employer or insurer refuses or fails to pay compensation. Claims for death benefits on behalf of dependents must be filed within one year of the worker's death. The deadline may be extended if the employer or insurer led the worker to believe compensation would be paid. 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
- Filing a Workers' Comp Claim in New Mexico
- How Much Workers' Comp Pays in New Mexico
- Workers' Comp Settlements in New Mexico
- Retaliation for Filing Workers' Comp in New Mexico
- Suing Over a Work Injury in New Mexico
- All New Mexico workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in New Mexico?
If the employer or insurer fails or refuses to pay compensation due, the worker must file a claim with the Workers' Compensation Administration no later than one year after that failure or refusal (tolled up to one year while still employed by the same employer), and not sooner than 31 days after the injury. The director attempts informal resolution and issues a recommendation within 60 days; each party has 30 days to accept or reject it, and a timely rejection sends the claim to a workers' compensation judge. Any party may appeal the judge's final order by filing a notice of appeal with the New Mexico Court of Appeals within 30 days of mailing of the order.
How do you appeal a denied workers' comp claim in New Mexico?
If a workers' compensation judge decides a case, either party may appeal within 30 days of notice of the judge's final order. The appeal goes first to the New Mexico Court of Appeals, which reviews the record for legal error and whether the evidence supports the decision; it is not a new trial.
What is the deadline to file a workers' comp claim in New Mexico?
A worker must file a claim (complaint) with the WCA within one year after the worker knew or should have known of the work-related injury, or within one year after the employer or insurer refuses or fails to pay compensation. Claims for death benefits on behalf of dependents must be filed within one year of the worker's death. The deadline may be extended if the employer or insurer led the worker to believe compensation would be paid.
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.