Workers' Compensation Benefits in New Mexico: What Injured Workers in Farmington Need to Know
If you’ve been injured on the job in New Mexico, you're likely facing more than just physical pain. You’re asking the hard question: “How do I pay my bills?” You may be overwhelmed by medical bills, worried about lost income, and unsure where to turn next. The good news is that you may be entitled to workers' compensation benefits to help ease the burden and provide the support you need during your recovery.
At the Victor Titus Law Firm in Farmington, we work with injured workers throughout San Juan County to ensure they receive the full range of benefits they deserve. Below is a helpful overview of the key types of compensation that may be available to you. Understanding these categories is the first step toward protecting your rights and securing your future.
Medical Benefits: Coverage for the Care You Need
If you were hurt at work, your employer’s workers' compensation insurance is responsible for covering your medical treatment. This includes doctor visits, hospital stays, surgery, physical therapy, and prescriptions. It also covers travel expenses to and from medical appointments.
In New Mexico, your employer has the right to choose your initial treating physician and must inform you in writing what their choice is. However, if you're unhappy with your care or feel a second opinion is needed, you may request a change of the doctor they choose. We can help guide you through that process.
Temporary Total Disability (TTD): Financial Support While You Heal
When a workplace injury temporarily prevents you from doing your job, you may qualify for Temporary Total Disability benefits. These payments are meant to partially replace your income while you're unable to work.
In New Mexico, TTD benefits generally amount to 2/3 of your average weekly wage. If your average gross wages per week was $900 before your injury, you'd receive about $600 per week while you're recovering. There is a 7-day waiting period before benefits begin, but if you're out of work for more than 28 days, you can receive retroactive pay for those first 7 days as well.
These benefits continue until you're cleared by your doctor to return to work or you reach a point of Maximum Medical Improvement (or MMI — the point at which your doctor determines that your condition has stabilized and is not expected to significantly improve with further treatment.
If you return to work before MMI, you may be entitled to worker's compensation benefits if earning less than your pre-injury wages.
Permanent Partial Disability (PPD): Compensation for Lasting Limitations
When your recovery plateaus, the doctor will declare you are at MMI (maximum medical imporvement). Sometimes, even after you recover as much as medically possible, you may still be left with permanent limitations. Maybe you can't lift as much as you used to, or perhaps you've lost strength or range of motion in a joint. In these cases, you may qualify for Permanent Partial Disability benefits.
PPD compensation is based on the body part injured, which may be payable even if doesn’t affect your ability to earn income. For spine, shoulder, or hip injuries, New Mexico uses a formula that takes into account your injury, your age, education, and how the injury impacts your future work, based on reduced lifting capacity for these body parts maximum weeks payable is 500 weeks if the disability is 79% or less or 700 weeks if the disability is 80% or more. If the injury is to your arm (elbow, wrist, or hand), leg (knee, ankle, or foot), the payments are based on loss of function of that body part. These are two very different determinations. These payments are designed to provide compensation for a loss that may affect you for the rest of your life.
Permanent Total Disability (PTD): Lifetime Benefits for the Most Severe Injuries
If your injury is so serious that you can't return to any kind of gainful employment, you may be eligible for Permanent Total Disability benefits. These are typically reserved for the most catastrophic cases—such as losing both hands or feet, total blindness or a 30% brain impairment that result in permanently eliminating your ability to work.
PTD benefits are paid for life and reflect the seriousness of your condition. If you or a loved one may qualify, we can help ensure every legal protection is in place to secure these lifetime benefits.
Scheduled Injuries: Specific Compensation for Specific Losses
New Mexico law includes a schedule that outlines how much compensation is awarded for the loss of use of certain body parts. For example, the loss of a hand, arm, leg, or eye comes with a fixed number of weeks of compensation (150 weeks for a knee or 115 for an ankle, for example).
Even partial losses are included in this schedule—such as reduced function in a limb as a result of loss of strength, motion, or how it affects your every day routine. This part of the system can be confusing, but our team can calculate what you may be owed and ensure you’re not shortchanged.
Vocational Rehabilitation
If your injury prevents you from returning to the type of work you did before, workers' compensation does not provide vocational rehabilitation for job retraining, educational opportunities, or job placement assistance to help you re-enter the workforce in a new capacity.
We understand how discouraging it can feel when your old job is no longer an option. The State of New Mexico has a Division of Vocational Rehabilitation (DVR) that provides the resources you need to explore new opportunities and secure the support you need to rebuild your future. However, the Workers’ Compensation Administration (WCA) has absolutely no control over DVR benefits.
Death Benefits: Financial Help for Grieving Families
In the tragic event that a worker loses their life due to a workplace injury or illness, their surviving dependents may be entitled to benefits. These include weekly wage replacement payments and funding for funeral and burial expenses. Widow’s benefits can be paid for 700 weeks (or until remarriage) and children may receive benefits so long as they remain in school, even after age 18 or high school graduation.
Nothing can make up for such a loss, but these benefits are intended to ease the financial burden on families during a devastating time. If you’ve lost a loved one, we are here to help you navigate this process with care and compassion.
Lump-Sum Settlements: A One-Time Payment Option
Three situations can result in a lump-sum payment:
Settling all issues for one sum of money.
Advance of future payments to pay debt accumulated during your disability.
Advance of impairment-based benefits if you have returned to work for over six months at or above your pre-injury wages.
In some cases, you may choose to receive a lump-sum payment instead of ongoing weekly benefits. Lump-sum settlements must be approved by a judge and should be carefully considered, as they may close your claim permanently.
Before agreeing to any settlement, speak with a qualified attorney. We'll make sure the terms are in your best interest and that no important benefits are being left on the table.
We’re Here to Help You Get What You Deserve
You didn’t ask to be injured. Now you're facing a complicated legal system while trying to recover. At the Victor Titus Law Firm, we want you to know you're not alone.
With over 40 years of experience representing injured workers in Farmington and across the Four Corners region, we know how to fight for every benefit you're owed. From denied claims to unfair settlements to delays in medical care, we step in and get results.
Injured at Work? Contact Us Today.
Let us help you through this difficult time. If you've been hurt on the job, contact the Victor Titus Law Firm at (505) 326-6503 or visit us at 2021 E. 20th Street in Farmington. Your consultation is free, and there's no obligation.