A work injury can leave a person focused on pain and recovery, not paperwork. New Mexico law still sets two deadlines that can affect a workers’ compensation claim. The answers below explain how notice and filing work under the Workers’ Compensation Act.
How Soon Must a Worker Report an Injury?
NMSA 52-1-29 requires a worker to give the employer written notice of the accident within 15 days after the worker knew, or should have known, of it. The deadline begins when the worker becomes aware of the injury, which can be later than the accident itself. Written notice protects the claim, so a worker shouldn’t rely on a verbal report alone. Put it in writing.
What If the Worker Can’t Give Notice in Time?
If an injury or another cause beyond the worker’s control prevents timely notice, the statute requires notice as soon as reasonably possible, and no later than 60 days after the accident. A hospital stay or a serious head injury, for example, could fall into that category. The details matter, so a worker in that position should keep records that show why notice was delayed.
Does the Employer Have to Know About the Accident Already?
Written notice isn’t required if the employer, a superintendent, a foreman, or another agent in charge of the work had actual knowledge of the accident. That exception can help when a supervisor saw the injury happen. It’s still wise to put the report in writing, since a supervisor’s memory of events may differ from the worker’s.
Does the Employer Have Notice Duties Too?
Yes. Employers must post a notice in conspicuous places where employee notices are customarily posted, advising workers of the 15-day written-notice requirement. The posted notice includes a preprinted form the worker can use to describe the accident and sign. If the employer fails to post the notice, the worker’s deadline is tolled, but never beyond the 60-day maximum.
When Must a Claim Be Filed?
A separate statute sets the filing deadline. NMSA 52-1-31 requires a worker to file a claim not later than one year after the employer or insurer fails or refuses to pay compensation, after notice was given under 52-1-29. A claim that is not filed in time is forever barred. The one-year period is tied to the failure or refusal to pay, not simply to the injury date.
Why Is Documentation So Important?
Notice disputes can become the center of a denied claim, so a worker facing a rejection should learn how a denied workers’ comp claim is challenged. A worker who keeps dated copies of reports, emails, and medical visits can prove when the employer learned of the injury. Helpful records include:
- A copy of the written notice, with the date it was delivered
- Emails or messages with a supervisor about the accident
- Names of coworkers who saw the incident
- Medical records from the first visit forward
What Should a Worker Do First?
The first steps after an injury set the tone for the entire claim. Report the injury, get medical care, and describe the accident accurately to every provider. Skipping the early work injury steps can cause problems later, even though they’re simple.
Does Fault Matter in a Compensation Claim?
Workers’ compensation generally doesn’t turn on who was careless. Because compensation operates as a no-fault system, a worker doesn’t have to prove the employer was careless. Two key questions are whether the injury arose from the job and whether the deadlines were met.
Where Can New Mexico Workers Find Help?
Injured workers across the state face the same statutory deadlines, whether they live in a large city or a small town. A worker can have the dates, the notice, and the evidence reviewed by a New Mexico work injury lawyer.
Workers in Albuquerque can also turn to an Albuquerque work injury lawyer. Questions about notice and filing can be raised there as well.
Those hurt near Roswell can turn to a Roswell workers comp lawyer. The notice and filing rules described above apply to them too.
Who Handles These Cases at the Firm?
At Davie & Valdez P.C., partner John P. Valdez focuses on employment law and serious work injury cases. Mr. Valdez graduated from Texas Tech University School of Law in 2004 and joined the State Bar of New Mexico in 2007. He is also fluent in Spanish and provides bilingual legal services.
What Is the Best Next Step?
Put your accident report in writing today, keep a copy, and note the date you gave it to your employer. Anyone hurt on the job in New Mexico can get in touch with us to go over the deadlines.