New Mexico as a state has ensured that most workers are covered by their workers’ compensation insurance policies. Workers’ compensation has been part of the New Mexico legal framework to one extent or another since 1929. Workers’ compensation claims can be filed if an employee becomes ill while at work or has a workplace accident that causes an injury. A successful claim can help to pay the bills while an employee is unable to return to work. Employment in New Mexico New Mexico is a large, sparsely populated state with a few major population centers where most New Mexico residents live and work. There were just over 800,000 people employed in the state at the time the Bureau of Labor Statistics figures were recorded in May 2016. Like many other states, the highest percentage of employees (15%) work in offices in the cities and towns. 10% of the employed population work in food preparation type jobs, which could include anything from bakeries to restaurants. A slightly smaller percentage worked in sales and other related occupations; 6% worked in a variety of education, training and library jobs. A similar percentage worked in construction and extraction and just less than 6% worked in healthcare. Workers’ Comp Rules in New Mexico You are probably covered by your employer’s workers’ compensation insurance as long as you work for a company or organization that employs three or more employees. If you are a farm or agricultural worker, the good news is that a new ruling in New Mexico in 2016 has meant that you are entitled to apply for workers’ comp like any other worker. This makes New Mexico different from many other states where employers of farm and domestic workers are often exempted from workers comp. requirements. If you are a domestic worker, an independent contractor or real estate salesperson, you may not be covered by workers’ compensation. If you do suffer an accident at work or become ill while at work and consider your employer responsible for your ill health or injuries you should contact a personal injury attorney about possible legal action you could take. Injury Scenarios in New Mexico That Might Lead to a Workers’ Comp Claim New Mexico is a no-fault state as far as workers’ compensation claims are concerned. That means that even if you are partly to blame for an accident while at work, your employer’s insurance should cover you unless you are one of the few workers in the state that is not covered. For example, imagine you are one of the many office workers in Albuquerque. You trip over some carpet and fall awkwardly, and end up breaking a leg. Your employer contends that your choice of footwear contributed to the accident and you should have worn more suitable shoes. However, because the office belonged to a company that employed more than three people and was therefore covered by insurance, the fact that your accident may have been partly your fault would not affect a workers’ comp claim. You should be able to claim medical costs and part of your wages because you would not be able to go back to work until your leg recovered. See an Attorney if You are Unhappy About Your Claim Even when your employer is insured and your injuries are genuine, you may have a problem with a workers’ compensation claim. If your claim is denied for any reason, the amount of compensation seems to be unfair or your employer is uninsured, it may be best to seek advice from a workers’ compensation attorney.
