New Mexico workers' compensation laws
New Mexico tries to make the rule easy: If you have three or more employees, you must have workers’ compensation insurance. But if you are in the construction industry, you must have it regardless of your employee count. Who counts as an employee? The state says anyone “who does the work of the business,” including:
- Owners
- Family members
- Part-time, temporary, and seasonal workers
New Mexico law applies to nonprofits and religious institutions as well. The only workers not required to have coverage are:
- Domestic employees
- Casual workers
- Certain Real estate salespeople
Now that you know who must have workers’ compensation insurance in New Mexico, read on to learn about the cost, coverage, and answers to common questions.
How much is New Mexico workers' compensation insurance?
The amount you pay for workers' compensation depends on many rating factors such as your industry, location, and safety record. The size of your payroll is also a factor when calculating the premium of your workers' compensation quote. Generally, the larger the payroll, the larger the monthly bill for workers' compensation. An insurance company believes the more employees you have, the more likely it is that a worker gets sick or injured.
Also, an insurance carrier looks at how risky the type of work is, so you’d expect office workers to pay less than construction workers. The state partners with the National Council on Compensation Insurance (NCCI) to regulate the rates private insurance companies can charge for various types of work. With so many variables, the specific pricing for New Mexico employers will differ from business to business.
So, what's the bottom line for a business in Albuquerque or Santa Fe, or anywhere else in New Mexico? The average premium for Huckleberry customers is $108 per month, but rates could go as low as $26 per month, or less than a dollar a day. The best way to find out your price is to get a free 60-second estimate.
Workers' compensation benefits and coverage in New Mexico
Workers' compensation insurance pays for medical care and lost wages for a member of your team after a work-related injury, illness, or impairment. The idea is to reduce the risk of being sued and provide for employees’ well-being after accidents or mishaps. The New Mexico Workers' Compensation Administration (WCA) balances the needs of injured workers and their employer.
For injured workers, the New Mexico Workers' Compensation Act gives benefits regardless of fault. Workers' compensation benefits include:
- Medical benefits (related medical bills and health care provider costs)
- Indemnity benefits (lost wages)
- Temporary or permanent disability benefits
- Death or survivor benefits
For example, suppose your employee trips, tries to break the fall, and fractures an arm. A workers' compensation claim may cover the employee's medical bills, lost wages, and rehabilitation.
If you or your employee has further questions about a workers' compensation claim, the WCA has a free service, the Ombudsman Program, to answer questions related to how you must file and the steps to the return to work.
Top industries Huckleberry serves in New Mexico:
4 reasons why business owners in New Mexico love Huckleberry
- Super-fast. 95% of Huckleberry customers get the workers compensation coverage they need in 5 minutes.
- Affordable. You might pay up to 32% less for a workers' compensation insurance policy.
- Paper-free. Everything is online, so there's absolutely no paperwork.
- Small business-friendly. Huckleberry lets you skip the hassle and get back to helping customers.
FAQs: New Mexico workers' compensation requirements
Probably not – if you are truly a one person show and do not employe any employees, then you may not need the coverage. But, if you're in the construction trades, you may need coverage to get a permit, license, or certification or comply with the Construction Industries Licensing Act.
The penalties for not having workers' compensation insurance include:
- Paying the cost of medical treatment and a percentage of lost wages for the injured worker.
- Fines up to $1,000 per violation.
- Shutting down your business by the New Mexico law enforcement if a judge approves a restraining order filed by WCA staff against your business.
Yes, if your number of employees is three or more, including yourself, you are required to have workers' compensation insurance coverage by the state of New Mexico and the Workers' Compensation Administration. The rule also applies to part-time, temporary, and seasonal workers.
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