Filing a Workers' Comp Claim in New Mexico — Steps & Deadlines
How to report a workplace injury, file a workers' compensation claim, and meet deadlines in New Mexico.
Step 1: Report the Injury
You must report your workplace injury to your employer within 15 days from date of accident §52-1-29. Written notice is always recommended even if verbal notice is given.
Step 2: Get Medical Treatment
Employer initially selects the health care provider or permits the worker to select; after the first 60 days, the party who did not make the initial selection may choose a provider §52-1-49. Make sure to:
Step 3: File the Formal Claim
You have 1 year after the employer or insurer fails or refuses to pay compensation; tolled up to 1 year while the worker remains employed by that employer to file a formal claim §52-1-31. Complaint filed with the Workers' Compensation Administration; mediation followed by hearing before a WCA judge §52-1-5.1.
Step 4: Investigation and Response
After filing, the employer's insurer will investigate the claim. They may accept, partially accept, or deny the claim. If denied, you have the right to request a hearing.
What Happens at a Hearing?
Complaint filed with the Workers' Compensation Administration; mediation followed by hearing before a WCA judge §52-1-5.1. Appeal to the Workers' Compensation Judge, then to New Mexico Court of Appeals.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Related guides
- 15 days from date of accident
- 1 year after the employer or insurer fails or refuses to pay compensation; tolled up to 1 year while the worker remains employed by that employer