Hurt at work in New Mexico? Deadlines, weekly benefit and how to file

Tell your employer in writing within 15 days. File your claim within 1 year.

Temporary total disability (TTD) benefits can pay two-thirds of your gross (before-tax) wages, up to $1,146.66 a week in 2026.

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

In New Mexico, temporary total disability pays part of your lost wages while you cannot work because of a work injury and have not yet reached maximum medical improvement. Your employer's insurer decides whether to accept the claim, and disputes go to mediation and then a workers' compensation judge at the Workers' Compensation Administration.

What are my deadlines?How much will I get?Who is my doctor?Claim denied?

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

Free tools for New Mexico

Free tools that run in your browser. Nothing you enter is saved or sent until you download, copy or print a document.

Deadline helper

Worked out in your browser. Nothing you enter here is saved or sent.

If you are not sure of the exact day, use the earliest day you think it could be.

Enter the date of injury

We add the number from the law to your date. Nothing is saved.

Benefit estimate calculator

This estimate uses the rule in New Mexico's data: a share of your average weekly wage, up to the state maximum.

Worked out in your browser. Nothing you enter here is saved or sent.

Gross pay per week, as the insurer would figure it. Include regular overtime and tips if they were part of your pay.

Enter your pay

We apply the rule in the law. Nothing is saved.

Written notice to your employer

A letter that tells your employer, in writing, that you were hurt or made sick by your work.

Where the reply should be sent.

Required when you mail it. Not needed if you hand it in person.

In your own words, in English. Keep it short and factual. Do not guess why it happened.

It goes into the letter as you type it.

Other formats

Claim checklist: what to gather and do

A printable list of papers to keep and steps to take.

What you already have

New Mexico
Other formats

Your checklist

Deadlines in New Mexico

Tell your employer
15 days
File your claim
1 year
Waiting period

TTD benefits start on the 8th day you cannot work. The 7 waiting days do not have to be in a row.

All the details →

Weekly benefit in New Mexico

What it pays
Two-thirds of your gross (before-tax) wages
Maximum
$1,146.66 a week in 2026
Minimum
$36 a week in 2026
Minimum rule

The minimum weekly benefit is $36. If your average weekly wage is less than $36, you receive your full weekly wage.

Applies to
Injuries in calendar year 2026

Law: NMSA 1978, §§ 52-1-20, 52-1-25.1, 52-1-41

Source: workerscomp.nm.gov

All the details →

Who is your doctor in New Mexico?

Who chooses
It depends: network and choice rules both apply

Your employer decides who chooses the first health care provider: it can pick the doctor or let you pick your own, and should tell you its decision promptly and in writing. In an emergency, go to any emergency medical facility first.

Source: it is marked on the Notice of Accident form

Whoever did not make the first choice can switch to a provider of their choosing after 60 days of treatment, by sending the other side a Notice of Change of Health Care Provider. Any further change needs both sides' agreement or a judge's order.

Law: NMSA 1978, § 52-1-49

Source: workerscomp.nm.gov

Who is covered in New Mexico

Size of employer

Employers with three or more workers must carry workers' compensation insurance. Part-time and seasonal workers count, and so do paid family members and owners who are executive officers or LLC members owning 10% or more.

Special rules
  • Construction (activities licensed under the Construction Industries Licensing Act): Must have coverage regardless of the number of employees.
  • Agriculture: Farm and ranch employers with three or more employees must carry coverage (New Mexico Supreme Court, June 30, 2016).
Not covered
  • Employers with fewer than three employees (outside construction)
  • Independent contractors
  • Owners and executive employees who elect to be excluded (they still count toward the three-employee test)
  • Federal employees, longshore and harbor workers, railroad workers and seamen are covered by federal programs, sometimes in addition to state law
Contractors

Calling a worker an independent contractor, having the worker sign a contract saying so, or paying on a 1099 does not decide the question. It depends on who has the right to control the details, means and methods of the work. A WCA ombudsman can help if you think you are misclassified.

If your employer has no insurance

If your employer was required to have coverage but did not, you can file a Uninsured Employers' Fund (UEF) complaint with the WCA. The UEF pays medical and wage benefits up to a limit ($75,000 total for injuries on or after July 1, 2025; $60,000 from July 1, 2023) and seeks repayment from the employer.

Uninsured Employers' Fund (UEF)

Check your employer's insurance

Law: NMSA 1978, §§ 52-1-6, 52-1-7, 52-1-9.1

Source: workerscomp.nm.gov

If your claim is denied or delayed in New Mexico

First step

Call a WCA ombudsman (free, English and Spanish) at 1-866-967-5667. Ombudsmen help self-represented workers understand the law and fill out forms. To start a formal dispute, file a Workers' Compensation Complaint (with summonses) with the WCA; there is no filing fee.

Form
Workers' Compensation Complaint

All the details →

Fired or punished for filing in New Mexico

Your employer may not fire you, threaten you, or punish you in other ways (such as creating a hostile workplace) because you filed or tried to file a workers' compensation claim. Your employer can replace you if you cannot do your job because of the injury, but once you reach maximum medical improvement and are released to work, the employer may have to offer to rehire you.

The law
NMSA 1978, § 52-1-28.2
What you may get

If a judge finds retaliation, the employer may be ordered to rehire you and may face other penalties.

Where to file

Workers' Compensation Administration (workers' compensation judge); call an ombudsman for help.

Law: NMSA 1978, § 52-1-50.1 (rehire, as cited in the WCA guidebook)

Source: workerscomp.nm.gov

Lawyers' fees and other benefits in New Mexico

You are charged an attorney fee only if your attorney obtains a benefit for you; there is no upfront fee. Fees must be approved by a workers' compensation judge and are capped by statute. Generally the worker pays half of the fee and the employer pays the other half.

Besides medical care and temporary total disability, New Mexico pays temporary partial disability, permanent partial disability, permanent total disability (lifetime), death benefits to dependents, and funeral expenses up to $7,500.

Free help in New Mexico

State agency

New Mexico Workers' Compensation Administration (WCA)

Phone
1-866-967-5667
Address
2410 Centre Ave. SE, Albuquerque, NM 87106 (mail: P.O. Box 27198, Albuquerque, NM 87125-7198)
Find an office
Look up your case

Free help

Good to know in New Mexico

  • The Notice of Accident form, the WCA poster and the complaint form are available in Spanish; some ombudsmen are bilingual (WCA).
  • Wage benefits can be reduced in proportion to how much intoxication contributed to the accident.
  • Ombudsmen cannot help a party that has an attorney or a claim already in formal adjudication (WCA Ombudsman Bureau).

Changes in 2024–2026

The maximum weekly TTD rose to $1,146.66 for 2026 injuries; the $36 minimum is unchanged. The Uninsured Employers' Fund limit rose to $75,000 for injuries on or after July 1, 2025. WCA rule amendments to 11.4.4 NMAC (claims resolution) and 11.4.7 NMAC (health care payments) took effect April 7, 2026, and separate forms for billing disputes, case management and utilization review started July 1, 2026.

Questions about workers' comp in New Mexico

How long do I have to tell my employer about a work injury in New Mexico?

Give your employer or supervisor written notice within 15 days after you knew or should have known about the accident.

How long do I have to file a workers' comp claim in New Mexico?

If your claim is denied or benefits are not paid, you must file a Workers' Compensation Complaint with the WCA within one year.

How much does workers' comp pay in New Mexico?

Temporary total disability (TTD) benefits can pay two-thirds of your gross (before-tax) wages, up to $1,146.66 a week in 2026.

Can I choose my own doctor for a work injury in New Mexico?

Your employer decides who chooses the first health care provider: it can pick the doctor or let you pick your own, and should tell you its decision promptly and in writing.

Can my employer fire me for filing a workers' comp claim in New Mexico?

Your employer may not fire you, threaten you, or punish you in other ways (such as creating a hostile workplace) because you filed or tried to file a workers' compensation claim.

What if my workers' comp claim is denied in New Mexico?

Call a WCA ombudsman (free, English and Spanish) at 1-866-967-5667. Ombudsmen help self-represented workers understand the law and fill out forms.

Not about a work injury?

Not about a work injury? Unpaid wages → Wage Claim Map · Hurt in a car crash → Accident Claim Map · A medical bill → Medical Bill Map · Unemployment benefits → Unemployment Claim Map · Other problems → robinclaim.com

Nearby states

Sources