New Mexico starts the clock early. You owe your employer written notice within 15 days after you knew the injury was tied to your job. Something beyond your control, such as the injury itself, can stretch that to 60 days.
The second clock is easy to misread. You do not have one year from the accident. You have one year after the employer or insurer fails or refuses to pay to file your complaint with the Workers' Compensation Administration (WCA).
Benefit rates for New Mexico injuries in 2026
Temporary total disability, the check you get while you cannot work, pays 66 2/3% of your average weekly wage. For injuries in 2026, the WCA benefit table puts the weekly maximum at $1,146.66 and the minimum at $36.
Days off one through seven are not paid unless you end up out of work more than 4 weeks. Those seven days do not have to be in a row.
There is also a ceiling on how long you can collect. For a whole-body injury rated below 80%, total payments stop at 500 weeks, counting both temporary checks and permanent partial checks (the payments that follow once your doctor says you have healed as much as you will). A rating of 80% or more raises that to 700 weeks. See how your own wage plays out with our check estimator.
| Weekly check | two-thirds (66 2/3%) of your average weekly wage |
|---|---|
| Weekly cap, injuries in calendar year 2026 | $1,146.66 |
| Weekly minimum, injuries in 2026 | $36 |
| Waiting period | first 7 days off work unpaid, paid back if you are off more than 4 weeks |
| How long checks can last | up to 500 weeks total for a whole-body injury rated under 80%, 700 weeks if 80% or more |
Three New Mexico dates you cannot miss
- 15 days: written notice to your employer or supervisor (up to 60 days in limited cases).
- One year: file your complaint after the insurer fails or refuses to pay.
- 30 days: appeal a judge's final compensation order to the Court of Appeals.
If you missed a step, get advice before you assume the claim is lost.
Mediation and free help at the WCA
Filing a complaint does not put you in front of a judge right away. When a complaint is filed, both sides must attend an informal mediation conference to try to settle it. Bring your copy of the accident notice, any denial letter and your medical records, so the mediator sees the full picture.
Workers without an attorney can call the WCA Ombudsman at 1-866-967-5667. The ombudsman service is free of charge, though it cannot help once a claim reaches formal adjudication. Got a letter from the adjuster you do not follow? Try our letter reader.
New Mexico's cap on what a workers comp lawyer can charge
New Mexico limits fees by dollars, not percent. For a single accidental injury claim, the statute caps total attorney fees at $30,000 for calendar year 2025 and $32,000 from January 1, 2027. You are only charged a fee if your attorney gets you a benefit and there is no upfront charge.
People also ask
Does my employer get to choose my doctor?
At first, it can. If it did, you can switch to a doctor of your own choosing after 60 days of treatment.
Do I need an attorney for mediation?
No. You can attend and represent your own interests. If the insurer has denied the whole claim, it can still help to talk with an attorney before the conference date.