Claims Kit

Reporting of Claim by Employer 52-1-58

It is the duty of every employer of labor in this state or the employer's workers' compensation insurance carrier to make a written report to the director of all accidental injuries or occupational diseases that occur to any of his employees during the course of their employment and that result in lost time of an employee of more than seven days. 

 A copy of the report will be sent by the employer to the worker. The reports will be made within ten days after the accidental injury or ten days after notification to the employer of the employee's disability.

Penalties for Late Reporting  52-1-61

Each instance of failure to file when required is punishable by a fine of not less than $25 and up to $1,000.00.

The New Mexico Workers' Compensation Administration (WCA) has completed changes to the IAIABC EDI Edit program and tables to accept the new Pandemic and COVID-19 codes for Cause and Nature. The changes are in production as of this morning, Wednesday, April 1, 2020. If you have technical questions, please contact the following MIS Bureau staff: Gary Chavez(GaryD.Chavez@state.nm.us)and Gayle Osburn(Gayle.Osburn@state.nm.us),who will continue to monitor the smooth running of the EDI system until May 31, 2020. After May 31, send all technical questions through the WCA Helpdesk email:WCA.Helpdesk@state.nm.us. If you have administrative questions, email WCA Helpdesk at:WCA.Helpdesk@state.nm.us.

Posting Requirements  11.4.2.10

 Every employer will post and keep posted in conspicuous places on its business premises, in areas where notices to employees and applications for employment are customarily posted, an accident notice poster stating the requirement that workers notify employers of accidents. The accident notice poster is available at the WCA at no charge to the employer on a form approved by the director.

B. Every employer must keep attached to the accident notice poster an adequate supply of notice of accident forms approved by the director.

Full Size 11 X 17 Poster - Prints out in full size.
8.5 X 11 Two-Part Poster - Use the landscape printing function for this version. Be sure to connect the two pages, as indicated on the poster.

Physician Selection 52-1-49 

The initial treating physician may be selected by either the employer or the employee. At the end of 60 days, the party not originally choosing the physician may select another physician. Unless the parties agree, the party seeking a change must provide notify the other party at least 10 days in advance with the name and address of his choice. If the one party objects to this selection, they may file notice of the objection with the parties and the Workers' Compensation Administration. The Workers' Compensation Judge then has 7 days to make a determination.