Claims Kit

Penalties for Late Reporting

Each instance of failure to file when required is punishable by a fine of up to $1,000.00.

Posting Requirements

Employers are required to post the Workers' Compensation Act poster at all work sites, where employees will have access to it. The employer is also required to post Notice of Accident forms with it. This poster without Notice of Accident forms does not comply with law

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.

If the employer does not post the poster, the right of the injured worker to notify the employer and make a claim is extended from 15 days to 60 days.

Physician Selection 52-1-49 NMSA

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.

Reporting of Claim by Employer 52-1-58, 11.4.3.12

The employer must report every accident to their insurer or, in the case of a self-insured employer or member of a self-insurance group, their claims administrator, whether or not the employer considers the claim to be valid, within 72 hours of the earlier of:

(a) actual knowledge of the accident by the employer; or

(b) presentation of a notice of accident form to the employer.

A report must be filed with the director within 10 days of knowledge of any alleged work-related injury or illness that results in more than 7 days of lost work. A copy of the report must be given to the employee.

NOTE: Employers may NOT pay claims.  This practice is illegal. Benefit payments must come from the insurance carrier.