Filing a Workers' Comp Claim in New Mexico

In general, the worker must give the employer or supervisor written notice within 15 days after the worker knew the injury was connected to the job accident. If the injury or another cause beyond the worker's control prevents it, the period may be extended up to 60 days. Written notice is not required if the employer already has actual knowledge of the injury (for example, a supervisor witnessed the accident). Employers must post the WCA poster and make the standard Notice of Accident form available.

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.

After reporting the injury to the employer, the employer must notify its insurer within 72 hours, and the employer/insurer decides whether to accept the claim. In a dispute, the worker (or employer) files a workers' compensation complaint form with the WCA, along with summonses (and, for a worker, the required accompanying form) from the WCA complaint packet; there is no filing fee. A mediation conference is usually scheduled within about 4 weeks, and the mediator issues a recommended resolution that the parties have 30 days to accept or reject; if rejected, the case goes to a workers' compensation judge for trial. The WCA Ombudsman Bureau (1-866-967-5667) helps unrepresented workers and employers.

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.

New Mexico workers' compensation is overseen by the Workers' Compensation Administration (WCA). Give your employer or supervisor written notice within 15 days of connecting your injury to the accident (extendable up to 60 days in some cases); your employer must report the accident to its workers' compensation insurer within 72 hours after you notify it. The WCA's Ombudsman Bureau helps workers and employers who do not have attorneys, including help filing forms, free of charge; ombudsmen are not attorneys and cannot give legal advice. WCA forms and e-services are on its website. Toll-free helpline: (866) 967-5667; in-state toll-free (800) 255-7965; main (505) 841-6000, 8 a.m.-5 p.m. Monday-Friday; 2410 Centre Ave SE, Albuquerque, NM 87106. The WCA does not charge fees to receive benefits.