New Mexico Workers Compensation Laws

As per New Mexico workers compensation laws, employers must pay the compensation benefits to the employee suffering from occupational injuries and illnesses in several installments. The first installment must be paid within 14 days from the date of accident during which the injured worker misses at least 7 days of work. These seven days of wage loss do not necessarily have to be in a consecutive order. The remaining payments can be made in at least two installments per month, where the amount of money in each installment must be nearly (if not exactly) equal.

Penalties For Delay In Payments

The New Mexico workers compensation laws also have provisions for penalty charges on those employers who fail to make the payments for compensation benefits within the set time limit. The important thing to note here is that these penalties are actually awarded to the injured worker only. It means in case of delay in payments, the injured employee must receive payments for compensation benefits as applicable plus any penalty charges for late payments. The laws have also authorized the Director to take corrective actions in order to prevent late payments by employers.

Reporting Requirement For Employers

The employers are also obligated under the New Mexico workers compensation laws to file a written report of all workplace accidents to the director within ten days from the date when an employee notifies them about the accident. They must send a copy of that report to the injured employee also.

Choice Of Physician

Initially, it is up to the employer to decide which physician should treat the work-related injuries or illnesses suffered by a worker. But, if after a certain period of time, the injured worker is not satisfied with the results of the treatment, he or she is free to switch to another doctor, but a notification regarding the same must first be sent to the employer as well as to the director.

Waiting Period

As per New Mexico workers compensation laws, an injured worker may not be entitled for the compensation benefits if the injuries are not serious enough and he or she is able to return to work within seven days from the date of the accident. If the disability caused by occupational injuries continues for more than seven days, they will be eligible to receive benefits from the 8th day. But, if the disability continues for more than four weeks, they will be entitled for compensation benefits right from the very first day of the accident.

The New Mexico workers compensation laws have also imposed certain restrictions on the amount of money an occupational injury attorney can charge for such cases; the lawyer’s fee must not exceed $16,500, which must be charged on a contingency fee basis.