Roswell is surrounded by farm and ranch country, so dairy, field, and livestock work is part of daily life for some local families. For a long time, New Mexico’s workers’ compensation system left those workers out. The answers below explain what changed and what it means for an injured worker today.
Were Farm and Ranch Workers Always Excluded?
No, but for years the Workers’ Compensation Act carved farm and ranch laborers out of its coverage. A person hurt in a field or at a dairy could not count on the benefits that a warehouse or construction worker could claim. Before 2016, a New Mexico workers’ comp lawyer often had to tell some of these workers that the Act did not apply to them.
What Did the New Mexico Supreme Court Decide?
In Rodriguez v. Brand West Dairy, 2016-NMSC-029, decided on June 30, 2016, the court held that the farm and ranch laborer exclusion in NMSA 52-1-6(A) violates the equal protection guarantee of the New Mexico Constitution. The justices found that the state’s reasons, such as cost savings and administrative convenience, did not rationally justify treating these workers differently. The court sent the two consolidated cases back to the workers’ compensation judges to proceed without relying on the exclusion.
Does the Ruling Cover Injuries Happening Now?
The court applied its holding to injuries that manifest after its mandate was issued, along with the two workers in the case. That means a farm or dairy worker hurt today isn’t barred from the system simply because of the kind of work involved. The usual requirements still apply, though, and an employer or insurer may raise other defenses.
Common points of dispute include:
- Whether the worker was an employee or an independent contractor
- Whether the injury arose out of the job
- Whether the employer received timely notice
- Whether medical treatment is connected to the accident
Employee status is often disputed, and pay method alone doesn’t settle it. The line between independent contractors and employees depends on the facts of the working relationship.
What Risks Do Farm and Dairy Workers Face?
Machinery, livestock, chemicals, and long hours outdoors all create hazards. Heat is a constant concern in outdoor work, and New Mexico has considered a proposed heat illness rule on the subject. Injuries from these hazards can be serious, and some workers wait too long to report them.
Can a Worker Be Covered for Mental Injuries Too?
New Mexico’s high court has addressed equal treatment of physical and mental workplace injuries. A worker who develops anxiety or depression after a traumatic farm accident may have a claim that depends on how the Act treats physical and mental injuries. Every claim turns on its own medical evidence.
What If the Employer or Insurer Denies the Claim?
A denial isn’t the end of the road. Some denials come down to paperwork, disputed facts, or a disagreement about whether the injury is work related. Workers can challenge a denied workers’ comp claim, and that process typically starts with the paperwork and medical records. Keeping dated records of the accident, the reports, and the treatment makes that process easier.
Where Can Roswell Workers Find Help?
Local knowledge matters when the facts involve a particular employer, a particular farm, and a particular insurer. Workers can bring the facts to a Roswell workers comp lawyer, who can review the claim and explain how the Rodriguez decision applies to the job in question.
Workers elsewhere in the state face the same legal questions. Those in the southeast corner can also turn to a Hobbs workers’ comp lawyer about their own claims.
Who Handles These Claims at the Firm?
At Davie & Valdez P.C., founding attorney Roger C. Davie has represented employees since he was licensed in 1985. He is board certified in employment and labor law in New Mexico and holds admissions in Texas and New Mexico, as well as the U.S. District Court for the District of New Mexico. Our firm focuses on serious work injury and employment cases.
What Should an Injured Farm Worker Do First?
Report the injury in writing, get medical care, and keep copies of everything. Roswell workers with questions about coverage or a denied claim can reach out to us and go over the facts before deadlines pass.