Since 01/1988, increases have been given effective January of each year.

The maximum amount that can be paid for each claim to the lawyer for each side is set by law at $22,500.00.

New Mexico does not offset its WC for SSA retirement benefits

1. a. 

   After maximum medical improvement (MMI) and with the workers’ compensation judge’s approval, a worker may elect to receive a partial lump sum payment of workers’ compensation benefits for the sole purpose of paying debts that may have accumulated during the course of the worker’s disability. The number of weeks of additional PP payments due will then be reduced by the number of weeks of benefits that make up the partial LS.

   Reference: New Mexico Statute Annotated 1978 (NMSA 1978) 52-5-12C http://nxt.ella.net/NXT/gateway.dll?f=templates$fn=default.htm$vid=nm:all

2. b. 

   Simultaneously prorate the partial lump sum for offset purposes while offsetting the periodic WC payments. Prorate the partial lump sum beginning with the date the lump sum award was approved unless the award specifies otherwise.

   Example: If the original order was for 500 weeks of permanent partial (PP) benefits, and the worker is awarded a partial LS equal to 133 weeks of those benefits, the periodic benefits are paid for 367 weeks instead of 500. Add the prorated lump sum to the ongoing PP periodic payments.

For injuries occurring on or after 06/20/2003, a New Mexico law created a special workers’ compensation fund, Uninsured Employers’ Fund, to pay injured workers whose employers failed to insure them for workers’ compensation but should have. Such payments are subject to WC offset.

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  State law prohibits the New Mexico WC Commission from providing the Social Security Administration with WC information even with written authorization of the injured worker.

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  Make all requests for WC verification to the worker or insurance carrier.

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  New Mexico Workers' Compensation Administration

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  New Mexico Statutes, Chapter 52