New Mexico Workers’ Compensation Guide 2026

Employers with three or more workers generally need coverage

New Mexico generally requires workers’ compensation insurance for employers with three or more workers. Part-time, seasonal and paid family workers can count. Construction employers performing work that requires a Construction Industries license must generally have coverage regardless of headcount.

Owners and executive employees can affect the count even when an exclusion applies to their own coverage. Agricultural employees are covered under the current constitutional ruling. Employee status and multistate work require fact-specific review.

Give written notice within 15 days

The WCA says a worker generally must give the employer or supervisor written notice within 15 days after knowing that the job injury was connected to the accident. Circumstances beyond the worker’s control can extend the period up to 60 days, but relying on an extension creates avoidable risk.

Use the posted Notice of Accident form, identify every affected body part and keep a copy showing delivery. The employer must report the accident to its insurer within 72 hours after receiving notice, but that employer report does not replace the worker’s own records or a complaint when benefits are disputed.

The first medical-provider choice affects the 60-day change right

The employer may select the initial doctor or allow the worker to choose. The decision should be communicated promptly. Emergency treatment does not automatically decide who selects follow-up care.

If the employer selected first, the worker has an automatic right to change after 60 days of treatment by sending the Notice of Change of Healthcare Provider. If the worker selected first, the employer has the corresponding right after 60 days. Later changes generally require agreement or a judge’s order.

Temporary wage benefits use annual limits

TTD generally pays 66⅔% of AWW subject to the $36 minimum and injury-year maximum. The 2026 maximum is $1,146.66. TPD generally pays 66⅔% of the eligible difference between regular and reduced wages, capped by the maximum without forcing the TTD minimum.

Wage benefits begin on the eighth non-work day, which need not be consecutive. The first seven days become payable only when non-work status lasts more than four weeks. Authorized medical treatment, PPD, PTD, death benefits, mileage and vocational issues use separate rules.

Disputed claims normally pass through mediation

Ask the adjuster for a written explanation of any denial, wage calculation, treatment dispute or benefit suspension. The WCA Ombudsman Bureau assists unrepresented workers and employers with general information but cannot give legal advice.

A worker can file a complaint with the WCA. Mediation is generally part of the adjudication process. If the parties do not agree, the mediator issues a Recommended Resolution; each party has 30 days to accept or reject it. A rejected recommendation is void and the case proceeds to a Workers’ Compensation Judge.

If an employer lacked required insurance, the Uninsured Employers’ Fund may be named. For injuries on or after July 1, 2025, its combined medical-and-indemnity limit is $75,000.