New Mexico Workers’ Compensation Laws Change Up In 2025

Changes Are Coming For New Mexico Workers’ Compensation Lawyers

On March 21, 2025, New Mexico Governor, Michelle Lujan Grisham signed House Bill 66 into law. Sponsored by Pamelya Herndon, this new law raises the cap that New Mexico workers’ compensation attorneys previously had from $22,500 to $30,000 beginning June 20, 2025. The law will also raise that cap twice more: to $32,000 in 2027, and to $34,000 in 2029.

In The Article

Will the New Workers’ Compensation Bill in New Mexico Help?

While the attorneys of New Mexico might appear to be getting a raise, House Bill 66 can help victims of workplace injury in a lot of ways. The bill incentivizes attorneys to take more workers compensation cases, especially in rural areas.

The new law can also help those who have been injured on the job find attorneys that are willing to take their cases. This willingness from personal injury attorneys doesn’t come from greed. Workers’ compensation cases tend to come with additional overhead for attorneys, including evidence collection.  The new law “allows insurance companies to advance a greater share of the injured worker’s legal costs for discovery.” While the previous cap for an advance was $3,000, it is now $3,500, and the advance cap will raise to $4,000 in 2027, and again to $4,500 in 2029.

How Does Workman’s Comp Work in New Mexico?

In New Mexico, workers’ compensation is a no-fault system of insurance. It’s designed to protect workers and employers from losses that directly result from on-the-job accidents or illnesses.

1. The state requires workers’ compensation to provide workers with:
2. Medical payments for work-related injuries
3. Permanent partial disability
4. Permanent impairment or disability
5. Temporary indemnity benefits (if an injured worker is unable to work or earn a paycheck)
6. Survivor benefits, in the event a victim was killed on the job
7. Dispute resolution

Although all of these elements are covered under New Mexico workers’ compensation laws, the worker does have responsibilities as well.

For example, if you see an unsafe work practice, it is essential that you report it. Additionally, it is your responsibility, as a worker, to remain drug- and alcohol-free in the workplace.

Do You Get 100% Pay on Workers’ Compensation?

No. In New Mexico, the pay you receive will on workers’ compensation varies depending on the injury.

Indemnity Benefits can include:

• Temporary Partial Disability
• Permanent Partial Disability
• Scheduled Injury
• Permanent Total Disability

According to the State of New Mexico Workers’ Compensation Administration, “If you are unable to work following your injury, workers’ compensation insurance may pay up to 66 2/3% of your average weekly wage.”

Is it Hard to Win a Workers’ Compensation Claim?

Because Workers’ Compensation in New Mexico is a no-fault system, the process for filing workers’ comp claims is simple and straightforward. However, it is good to have a workers’ comp lawyer on your side to help ensure that your rights are protected throughout the process and to negotiate with insurance companies. Should the insurance carrier dispute the claim or give a lowball offer, having an attorney on your side can help you through the legal process.

What to Do if You Were Injured on the Job in New Mexico

If you’ve been injured on the job in New Mexico, the very first thing you should do is seek medical attention. If it isn’t an emergency, ask your employer if they wish to choose a doctor (this is their right in New Mexico). If you are seeking medical care for an injury that was caused at work, you must tell your medical care provider that the injury occurred while you were on the job.

Next, be sure to fill out a Notice of Accident form or an incident report with your job.

Finally, contact an experienced workers’ compensation attorney. Ron Bell Injury Lawyers will fight for your rights and get you the compensation you deserve.