Workers' Compensation Act
New Mexico · Workers' Compensation · §§ 52-1-1 to 52-1-9.1 · 88 sections
Overview
This act establishes a state's workers' compensation system, defining who qualifies as an employee, how terms such as intoxication apply, which businesses fall outside its reach, and how it interacts with other laws, along with special coverage rules for groups such as emergency response personnel and members of the state's military forces. It places administration of the system in a workers' compensation division housed within the state insurance department, setting the division's duties and prescribing the appointment, qualifications, compensation, removal, and conflict-of-interest restrictions governing the commissioner who leads it, while creating a separate office of injured employee counsel and dividing authority between the insurance and workers' compensation commissioners. It also bars discrimination, fixes the interest or discount rate applied under the system, and requires public interest information, documented complaint handling, and opportunities for public participation.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 40 court decisions.
Most-cited authority: 304 F.R.D. 617 - McDaniel v. Loya
Sections covered
- § 52-1-1 NMSA 1978Short title6 cites
- § 52-1-10 NMSA 1978Increase or reduction in compensation based on failure of employer to provide or failure of employee to use safety devices1 cite
- § 52-1-10.1 NMSA 1978Allocation of fault; reimbursement
- § 52-1-11 NMSA 1978Injuries caused by the willfulness or intention of worker are noncompensable
- § 52-1-1.1 NMSA 1978Definitions
- § 52-1-12 NMSA 1978Repealed
- § 52-1-1.2 NMSA 1978Advisory council on workers' compensation and occupational disease disablement; functions and duties; independent medical examinations committee
- § 52-1-12.1 NMSA 1978Reduction in compensation when alcohol or drugs contribute to injury or death; exceptions
- § 52-1-13 NMSA 1978Termination of agreements
- § 52-1-14 NMSA 1978[Interstate commerce not subject to state legislation exempted.]
- § 52-1-15 NMSA 1978Employer
- § 52-1-16 NMSA 1978Worker; real estate salesperson excepted1 cite
- § 52-1-17 NMSA 1978Dependents
- § 52-1-18 NMSA 1978Child
- § 52-1-19 NMSA 1978Injury by accident; course of employment
- § 52-1-2 NMSA 1978Employers who come within act
- § 52-1-20 NMSA 1978Determination of average weekly wage2 cites
- § 52-1-21 NMSA 1978Repealed
- § 52-1-22 NMSA 1978Work not casual employment1 cite
- § 52-1-23 NMSA 1978Contractor becoming employer in casual employment
- § 52-1-24 NMSA 1978Impairment; definition6 cites
- § 52-1-24.1 NMSA 1978Date of maximum medical improvement
- § 52-1-25 NMSA 1978Permanent total disability
- § 52-1-25.1 NMSA 1978Temporary total disability; return to work
- § 52-1-26 NMSA 1978Permanent partial disability1 cite
- § 52-1-26.1 NMSA 1978Partial disability determination; calculation of modifications
- § 52-1-26.2 NMSA 1978Partial disability determination; age modification
- § 52-1-26.3 NMSA 1978Partial disability determination; education modification
- § 52-1-26.4 NMSA 1978Partial disability determination; physical capacity modification
- § 52-1-27 NMSA 1978Repealed
- § 52-1-28 NMSA 1978Compensable claims; proof1 cite
- § 52-1-28.1 NMSA 1978Unfair claim-processing practices; bad faith1 cite
- § 52-1-28.2 NMSA 1978Retaliation against employee seeking benefits; civil penalty
- § 52-1-28.3 NMSA 1978False statements or representations with regard to physical condition; forfeiture
- § 52-1-29 NMSA 1978Notice of accident to employer; employer to post clear notice of requirement
- § 52-1-3 NMSA 1978Workers' compensation coverage; coverage by state agencies
- § 52-1-30 NMSA 1978Payment of compensation benefits; installments
- § 52-1-31 NMSA 1978Claim to be filed for workers' compensation; effect of failure to give required notice or to file claim within time allowed
- § 52-1-3.1 NMSA 1978Public employee
- § 52-1-32 NMSA 197852-1-32 to 52-1-35. Repealed
- § 52-1-36 NMSA 1978Effect of failure of worker to file claim by reason of conduct of employer
- § 52-1-37 NMSA 1978Repealed
- § 52-1-38 NMSA 1978Judgment; provisions; execution; subrogation; contempts
- § 52-1-39 NMSA 1978Repealed
- § 52-1-4 NMSA 1978Filing certificate of insurance coverage or other evidence of coverage with workers' compensation administration; exemptions from requirement
- § 52-1-40 NMSA 1978Waiting period
- § 52-1-41 NMSA 1978Compensation benefits; total disability
- § 52-1-4.1 NMSA 1978Repealed
- § 52-1-42 NMSA 1978Compensation benefits; permanent partial disability; maximum duration of benefits
- § 52-1-4.2 NMSA 1978Controlled insurance plan; penalty
- § 52-1-43 NMSA 1978Compensation benefits; injury to specific body members
- § 52-1-44 NMSA 1978Compensation benefits; facial disfigurement
- § 52-1-45 NMSA 1978Compensation benefits; hernia; proof of claim; failure to be operated [upon]; examination; medical care
- § 52-1-46 NMSA 1978Compensation benefits for death1 cite
- § 52-1-47 NMSA 1978Limitations on compensation benefits
- § 52-1-47.1 NMSA 1978Compensation benefits limit
- § 52-1-48 NMSA 1978Additional limitation on benefits
- § 52-1-49 NMSA 1978Medical and related benefits; selection of health care provider; artificial members
- § 52-1-5 NMSA 1978Destruction of policies, bonds and undertakings
- § 52-1-50 NMSA 1978Repealed
- § 52-1-50.1 NMSA 1978Rehiring of injured workers
- § 52-1-51 NMSA 1978Physical examinations of worker; independent medical examination; unsanitary or injurious practices by worker; testimony of health care providers1 cite
- § 52-1-52 NMSA 1978Exemption from creditors1 cite
- § 52-1-53 NMSA 1978[Accident prevention laws not affected.]
- § 52-1-54 NMSA 1978Fee restrictions; appointment of attorneys by the director or workers' compensation judge; discovery costs; offer of judgment; penalty for violations2 cites
- § 52-1-55 NMSA 1978Physical examinations; statements regarding dependents; pre-employment physical condition statements
- § 52-1-56 NMSA 1978Diminution; termination or increase of compensation
- § 52-1-57 NMSA 1978Repealed
- § 52-1-58 NMSA 1978Reports to be filed with director
- § 52-1-59 NMSA 1978Effect of failure to file report
- § 52-1-6 NMSA 1978Application of provisions of act4 cites
- § 52-1-60 NMSA 1978Notice to director of date of payment
- § 52-1-61 NMSA 1978Penalties
- § 52-1-6.1 NMSA 1978Worker's compensation; definition
- § 52-1-62 NMSA 1978Director to enforce Workers' Compensation Act
- § 52-1-6.2 NMSA 1978Safety programs; inspections; penalties; bonuses
- § 52-1-63 NMSA 1978Educational institutions exempt
- § 52-1-64 NMSA 1978Extra-territorial coverage
- § 52-1-65 NMSA 1978Credit for benefits furnished or paid under laws of other jurisdictions
- § 52-1-66 NMSA 1978Nonresident employers employing workers in state; requirement for insurance; enforcement
- § 52-1-67 NMSA 1978Locale of employment; definitions
- § 52-1-68 NMSA 1978Reciprocal recognition of extra-territorial coverage with other jurisdictions1 cite
- § 52-1-69 NMSA 1978Repealed
- § 52-1-7 NMSA 1978Application of provisions of act to certain executive employees or sole proprietors
- § 52-1-70 NMSA 1978Offset of unemployment compensation benefits
- § 52-1-8 NMSA 1978Defenses to action by employee5 cites
- § 52-1-9 NMSA 1978Right to compensation; exclusive5 cites
- § 52-1-9.1 NMSA 1978Uninsured employers' fund; workers' compensation administration; additional duties
Enacted in other states
Alaska, Colorado, Maryland, Montana, North Carolina, Nebraska, Rhode Island, Texas, Utah, Virginia
All New Mexico named statutes →
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