Workers' comp deadlines in New Mexico: tell your employer and file

Tell your employer in New Mexico

Time limit

15 days

Counted from

The date you knew or should have known of the accident and its connection to your job (calendar days)

In writing?

Yes, in writing

If you are late

Not reporting on time can cost you benefits. If your injury or another cause beyond your control kept you from giving notice within 15 days, the time can be extended up to 60 days. The written notice rule does not apply when your employer already knew of the injury.

Illness that develops over time

If an injury or illness develops gradually, report it as soon as it is apparent that it was caused by your job.

Give your employer or supervisor written notice within 15 days after you knew or should have known about the accident. Use the Notice of Accident form (English and Spanish) that your employer must post with the WCA poster; the employer signs it and you each keep a copy. You do not have to give written notice if your supervisor or foreman saw the accident or its results.

Law: NMSA 1978, §§ 52-1-29, 52-3-19

Source: workerscomp.nm.gov

File your claim in New Mexico

Time limit

1 year

Counted from

The date you knew or should have known you had a work-related injury, or the date the employer or insurer refused to pay compensation (as the WCA worker guidebook describes the rule)

What to file

Workers' Compensation Complaint, with a summons for each employer and insurer, filed with the WCA Clerk of the Court (no filing fee)

Claim form

Notice of Accident or Occupational Disease Disablement

Who files it

You fill out, sign and date the Notice of Accident form and give it to your employer, who signs it and gives you a copy. Your employer reports the accident to its insurer. You file a complaint with the WCA yourself only if there is a dispute.

What your employer must do

Your employer cannot refuse your Notice of Accident. It must give you a signed copy and report the accident to its insurer within 72 hours of your notice. If you miss seven or more days of work (not necessarily in a row), the employer or insurer must file a First Report of Injury with the WCA and give you a copy. Employers must post the WCA poster with blank Notice of Accident forms.

When the insurer decides

The employer and insurer decide whether to accept the claim. By law, the first wage-benefit check must be paid no later than 14 days after you have missed more than seven days of work because of the injury. If you disagree with their decision, you can call a WCA ombudsman.

Illness that develops over time

Occupational disease claims are governed by the Occupational Disease Disablement Law; the WCA guidebook describes the same one-year complaint deadline.

Law: NMSA Chapter 52, Article 3

If your claim is denied or benefits are not paid, you must file a Workers' Compensation Complaint with the WCA within one year. The WCA guidebook describes the year as running from when you knew or should have known you had a work-related injury, or from when the employer or insurer refused to pay compensation. A claim for death benefits must be filed within one year of the worker's death. If the employer or insurer led you to believe benefits would be paid, the deadline may be extended. There is no fee to file.

Law: NMSA 1978, §§ 52-1-31, 52-1-36 (as cited in the WCA worker guidebook)

Law: NMSA 1978, §§ 52-1-29, 52-1-30; NMSA 11.4.4 NMAC

Source: workerscomp.nm.gov

Waiting period and first payment in New Mexico

Waiting period

TTD benefits start on the 8th day you cannot work. The 7 waiting days do not have to be in a row. There is no waiting period for medical care.

Paid back for the waiting days

The first 7 days are paid only if you are off work more than four weeks (a full 28 days) on a doctor's orders.

First payment

The first check must be paid no later than 14 days after you have missed more than seven days of work because of the injury. Benefits are generally paid every two weeks.

How often you are paid

Every two weeks

Law: NMSA 1978, § 52-1-30

Source: workerscomp.nm.gov

Deadline helper

Count your dates with the deadline helper · Write the notice to your employer