New Mexico Workers' Compensation Settlement Calculator
Estimate New Mexico workers' comp — Max/Min Compensation Rate, Waiting Period, PPD — Scheduled Member Benefits
New Mexico workers' compensation claims are governed by NMSA 1978 § 52-1-41 (Max/Min Compensation Rate): 66⅔% of the worker's average weekly wage (AWW), capped at 100% of the state AWW — $1,146.66/wk max (2026); $36.00/wk min (flat since at least 1975). Of the 4 landmark New Mexico workers' compensation awards documented on this page, the largest is $803K (Statutory maximum — PPD ≥80% impairment or death benefit, 700-week cap at the 2026 max rate ($1,146.66/wk × 700 wks = $802,662); 2026).
🌵 NEW MEXICO: Max/Min Compensation Rate | Waiting Period | PPD — Scheduled Member Benefits
Your Injury
Your Estimated Settlement
$6,000 — $6,000
Pain and suffering = $15,000 in medical bills × 0.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
Workers' compensation is a no-fault system: your benefits are not reduced because you were partly or fully responsible for the accident.
Workers' compensation does not pay pain and suffering. Unlike a personal injury claim, it covers medical treatment and a portion of your lost wages only — so no pain-and-suffering amount is included above.
This figure does not include a permanent impairment award. If your injury leaves lasting limitations, most states add a separate payment based on a doctor's impairment rating and a statutory schedule.
If someone other than your employer caused the injury — a subcontractor, a driver, a defective machine — you may also have a separate personal injury claim against that party, and that claim can include pain and suffering.
Keep this estimate — it is gone when you close the tab.
Workers' Compensation Wage Benchmark — New York State claims only
Across New York State claims only, this benchmark is based on 5,586,588 real payments totaling $139.7B from official New York State workers' comp claims.
Average
$25K
Median
$20K
25th %ile
$13K
90th %ile
$44K
Source: New York State Workers' Compensation Board (via data.ny.gov). These figures come from New York State claims only and do not describe benefit levels in other states. Actual payouts may vary based on individual circumstances.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
New Mexico Workers' Compensation Law
New Mexico workers' compensation benefits is governed by NMSA 1978 § 52-1-41 (Max/Min Compensation Rate): 66⅔% of the worker's average weekly wage (AWW), capped at 100% of the state AWW — $1,146.66/week maximum for 2026, $36.00/week minimum (flat since at least 1975). The state AWW is recalculated annually by the NM Department of Workforce Solutions by June 30, effective the following January 1. Workers earning under $36/week receive their full wage instead of the 66⅔% formula.
Waiting Period (NMSA 1978 § 52-1-40): No compensation is payable unless the disability lasts more than 7 days. If the disability continues beyond 4 weeks (28 days) from the date of the accidental injury, the first 7 days are paid retroactively.
PPD — Scheduled Member Benefits (NMSA 1978 § 52-1-43): New Mexico pays a fixed number of weeks per body part, with a distinctly higher allowance for the worker's dominant (dextrous) side — total loss of the dominant arm at the shoulder pays 200 weeks vs. 175 weeks for the non-dominant arm; dominant hand 125 weeks vs. 110 weeks non-dominant. Eye enucleation pays 130 weeks; total deafness in both ears pays 150 weeks. Paid at the worker's compensation rate, capped at the statutory maximum.
Key New Mexico Workers' Compensation Statutes
New Mexico workers' compensation benefits operates under these critical legal rules:
NMSA 1978 § 52-1-41
Max/Min Compensation RateStandard: 66⅔% of the worker's average weekly wage (AWW), capped at 100% of the state AWW — $1,146.66/wk max (2026); $36.00/wk min (flat since at least 1975)
Scope: Applies to TTD and PTD. State AWW is recalculated annually by the NM Department of Workforce Solutions by June 30, effective the following January 1. Workers earning under $36/week receive their full wage instead of the 66⅔% formula.
NMSA 1978 § 52-1-40
Waiting PeriodStandard: No compensation is payable unless the disability lasts more than 7 days
Scope: If the disability continues beyond 4 weeks (28 days) from the date of the accidental injury, the first 7 days are paid retroactively.
NMSA 1978 § 52-1-43
PPD — Scheduled Member BenefitsStandard: Fixed weeks-of-compensation schedule per body part, with a distinctly higher allowance for the worker's dominant (dextrous) side
Scope: Dominant arm at shoulder = 200 wks vs. 175 wks non-dominant; dominant hand = 125 wks vs. 110 wks non-dominant; eye enucleation = 130 wks; total deafness both ears = 150 wks, one ear = 40 wks. Paid at the worker's compensation rate, capped at the statutory maximum.
NMSA 1978 § 52-1-9
Exclusive RemedyStandard: Workers' comp is the worker's exclusive remedy against the employer when the employer carried required coverage and the injury arose out of/in the course of employment
Scope: Narrow exception under Delgado v. Phelps Dodge Chino, Inc. (2001-NMSC-034): employer tort liability allowed only for intentional acts committed 'without just cause or excuse' that were reasonably expected to cause injury. Third-party claims against non-employers remain available in parallel.
NMSA 1978 § 52-1-29
Notice of AccidentStandard: Written notice to the employer within 15 days of learning the injury is job-related; up to 60 days if circumstances prevented earlier notice
Scope: No written notice is required if a supervisor/foreman had actual knowledge of the accident. Employers must post an approved 15-day notice in the workplace; failure to post extends the worker's deadline to the full 60 days.
NMSA 1978 § 52-1-31
Claim Filing DeadlineStandard: 1 year to file a claim, running from the date the employer/insurer fails or refuses to pay compensation owed — not simply from the injury date
Scope: Tolled for up to 1 additional year while the worker remains employed by the same employer. Death-benefit claims: 1 year from the date of death, after timely notice under § 52-1-29. Missing the deadline permanently bars the claim.
Recovery Structure
Medical treatment (reasonable and necessary, typically unlimited), lost wages at 66⅔% of AWW subject to the state max/min, permanent impairment awards via the scheduled-member system (§ 52-1-43) or the unscheduled whole-body system, vocational rehabilitation, and death/survivor benefits up to 700 weeks. No pain-and-suffering under workers' comp (the trade-off for exclusive remedy).
Key New Mexico Doctrines
Exclusive Remedy: Workers' comp is the worker's exclusive remedy against the employer when the employer carried required coverage and the injury arose out of/in the course of employment (NMSA 1978 § 52-1-9). The narrow Delgado v. Phelps Dodge Chino, Inc. (2001-NMSC-034) exception allows a tort suit only for intentional employer acts committed 'without just cause or excuse' that were reasonably expected to cause injury — third-party claims against non-employers remain available in parallel. Farm & Ranch Labor Exclusion: New Mexico's Act has historically excluded most farm and ranch laborers from mandatory coverage, an exclusion the NM Supreme Court upheld against an equal-protection challenge in Rodriguez v. Brand West Dairy (2016-NMSC-029).
Damage Structure + Caps
Weekly max $1,146.66 / min $36.00 (2026, NMSA § 52-1-41); PPD rated under 80% impairment caps at 500 weeks (up to $573,330 total at the 2026 max rate); PPD at 80%+ impairment, and death benefits, cap at 700 weeks (up to $802,662 total at the 2026 max rate); PTD pays for the remainder of the worker's life (no week cap); funeral expenses capped at $7,500.
New Mexico Workers' Compensation Benefit Maximums
New Mexico ties every benefit to the statutory state-average-weekly-wage formula rather than publishing individual settlement amounts — these are the officially documented statutory maximums (NMSA 1978 §§ 52-1-41, 52-1-43, 52-1-47):
| Amount | Year | Case / Injury |
|---|---|---|
| $803K | 2026 | Statutory maximum — PPD ≥80% impairment or death benefit, 700-week cap at the 2026 max rate ($1,146.66/wk × 700 wks = $802,662) — Illustrative statutory maximum — PPD 80%+ impairment or death benefit (700-week cap), transparent calculation |
| $573K | 2026 | Statutory maximum — PPD <80% impairment, 500-week cap at the 2026 max rate — Illustrative statutory maximum — PPD under 80% impairment (500-week cap), transparent calculation |
| $229K | 2026 | Scheduled-member maximum — total loss of dominant arm at the shoulder, 200 weeks (§ 52-1-43) at the 2026 max rate — Illustrative statutory maximum — total loss of dominant arm at shoulder (200 weeks), transparent calculation |
| $766K | 2025 | Statutory maximum — PPD ≥80% impairment or death benefit, 700-week cap at the 2025 rate ($1,093.83/wk × 700 wks) — Illustrative statutory maximum — 700-week cap at the prior-year (2025) rate, transparent calculation |
New Mexico Workers' Compensation FAQs
What is the maximum weekly workers' comp benefit in New Mexico for 2026?
The 2026 maximum is $1,146.66/week — 100% of the state average weekly wage (NMSA 1978 § 52-1-41). Your actual benefit is 66⅔% of your own average weekly wage, up to this cap. The minimum is just $36.00/week, a figure that has not changed since at least 1975.
How long do I have to report my New Mexico work injury?
You must give your employer written notice within 15 days of learning your injury is job-related — extendable to 60 days if circumstances prevented earlier notice, or if your employer failed to post the required workplace notice (NMSA 1978 § 52-1-29). No written notice is needed if a supervisor already had actual knowledge of the accident.
Can I sue my employer in New Mexico in addition to workers' comp?
Generally NO — workers' comp is your exclusive remedy against your employer under NMSA 1978 § 52-1-9. The narrow exception, from Delgado v. Phelps Dodge Chino, Inc. (2001-NMSC-034), allows a lawsuit only for intentional employer misconduct 'without just cause or excuse' that was reasonably expected to injure you. Third-party claims against equipment manufacturers, subcontractors, or other non-employer defendants remain available alongside your workers' comp claim.
How long do I have to file a New Mexico workers' comp claim?
You have 1 year to file a claim, but the clock starts when your employer or its insurer fails or refuses to pay compensation you're owed — not simply from your injury date (NMSA 1978 § 52-1-31). That one-year period is tolled for up to an additional year while you remain employed by the same employer. Miss the deadline and your claim is permanently barred.
Should I accept the first settlement offer in my New Mexico workers' comp case?
Almost never without review. Initial offers often underestimate permanent impairment and future medical needs. Before accepting, get an independent medical evaluation and consult a workers' comp attorney — most work on contingency, with fees regulated and capped by the Workers' Compensation Administration (NMSA 1978 § 52-1-54).
Pending New Mexico Workers' Compensation Issues
Active legal developments (as of April 2026):
- No individually named-case New Mexico workers' comp settlement/verdict dollar figures were found in public sources as of August 2026 — the law-firm case-results pages checked (Branch Law Firm, Fine Law Firm, Youtz & Valdez, Danoff Law) publish personal-injury/med-mal results but not workers' comp settlements, and NM Court of Appeals opinions reviewed (e.g., Romero v. Laidlaw Transit Services, 2015-NMCA-107) resolve procedural/legal disputes rather than headline dollar verdicts. The landmark figures above are computed from the officially published NMSA/WCA statutory maximums for 2026 and 2025, not individual litigated verdicts.
- The $36.00/week minimum compensation rate has appeared unchanged in the WCA's own historical rate table back to at least 1975 (earliest year shown on the current schedule) — could not verify whether any 2026-2027 legislative session bill proposes raising this floor.
- New Mexico's farm & ranch labor exclusion from mandatory workers' comp coverage is referenced via Rodriguez v. Brand West Dairy (2016-NMSC-029, NM Supreme Court) but the exact NMSA section codifying the exclusion itself has not been independently confirmed as of August 2026, so no specific citation for it is included above.
- PPD scheduled-member dollar examples (e.g., $229,332 for total loss of a dominant arm at the shoulder) are calculated by multiplying the § 52-1-43 statutory weeks by the 2026 maximum weekly rate — actual awards may differ based on the worker's individual compensation rate, which is often below the statutory maximum.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- www.workerscomp.nm.gov/wp-content/uploads/2026/01/NM_saww26_table.pdf
- law.justia.com/codes/new-mexico/2023/chapter-52/article-1/section-52-1-41
- law.justia.com/codes/new-mexico/2023/chapter-52/article-1/section-52-1-40
- law.justia.com/codes/new-mexico/2023/chapter-52/article-1/section-52-1-43
- law.justia.com/codes/new-mexico/2023/chapter-52/article-1/section-52-1-9
- law.justia.com/codes/new-mexico/2023/chapter-52/article-1/section-52-1-29
- law.justia.com/codes/new-mexico/2023/chapter-52/article-1/section-52-1-31
- www.workerscomp.nm.gov/indemnity-benefits
Other State Workers' Compensation Calculators
Washington
L&I state fund + self-insure, PPD dollar-amount schedule, $2,303.31/wk equiv
California
SIBTF reform 2026, $1,764/wk max, QME + SB 636
New York
$1,281.50/wk max, LWEC non-schedule PPD, 2025 Protection in Workplace Act
Texas
Non-subscriber option, $1,271/wk, IBR
Illinois
Lifetime uncapped medical, $2,045.63/wk (2026)
Florida
$1,358/wk, 104-week TTD cap, narrow catastrophic definition
Michigan
PIWEC phantom wages, 80% after-tax AWW, $1,201/wk max 2026
New Jersey
Second Injury Fund, 400/450-wk caps, $1,199/wk max 2026
Ohio
BWC monopoly fund, Industrial Commission PTD, $1,281/wk
Pennsylvania
Act 111 (2017), 500-wk partial cap, $1,394/wk max 2026
Alabama
Max $1,219/wk TTD, but non-scheduled PPD (back injuries) capped at just $220/wk
Arizona
$6,131/mo max AMW (66⅔% TTD/PTD), PPD paid in months not weeks
Colorado
Competitive state fund, $1,464/wk max (91% SAWW), 4-day notice deadline
Connecticut
Max $1,716/wk (2026), 28-day contest deadline, SIF closed since 1995
Georgia
Exclusive remedy, $800/wk TTD cap, catastrophic designation unlocks lifetime benefits
Iowa
80% spendable earnings, $2,431/wk max, active Second Injury Fund
Indiana
$877/wk max (66⅔% AWW), 8-day wait, Second Injury Fund
Kentucky
Impairment-factor PPD formula, $1,277.99/wk max, coal black-lung claims
Louisiana
Second Injury Fund, SEB to 520wks, $903/wk max (Sept 2026)
Massachusetts
Opt-out exclusive remedy, $1,922/wk max rate, PPD paid in statewide-wage multiples
Maryland
Exclusive remedy, $1,537/wk max (2026), Uninsured Employers' Fund safety net
Minnesota
Private-carrier market, $1,536.84/wk max, PTSD presumption for first responders
Missouri
Strict-construction state, TTD/PTD capped 105% SAWW, PPD capped 55% SAWW
North Carolina
500-week TTD/PPD cap, $1,446/wk max (2026), 66 2/3% AWW
Oklahoma
TTD/PTD capped at $1,128.66/wk, opt-out struck down, Multiple Injury Trust Fund
Oregon
3-way market (SAIF+private+self-insure), $1,943/wk max, CDA keeps medical open
South Carolina
Exclusive remedy, $1,189.94/wk max (2026), 500-wk TTD cap, lifetime for TBI/spinal
Tennessee
$1,488.30/wk max (FY26-27), 15-day notice, PPD = rating × 450 wks, no jury trials
Virginia
500-week comp cap (PTD lifetime), $1,507/wk max, 66 2/3% AWW
Wisconsin
Dual-track cap: $1,375/wk TTD (110% SAWW) vs just $454/wk PPD; 6/12-yr SOL
Alaska
PPI = $273K × WPI%, TTD/PTD 80% of wage, max $1,627/wk (2026)
Arkansas
Max $953/wk (85% SAWW), odd-lot doctrine barred, 450-wk wage-loss cap
Washington DC
Max $1,852.07/wk (Jan 2025), 30-day notice, LHWCA-style weeks-based PPD schedule
Delaware
Max $962.72/wk (2026), 90-day notice, Medicare-based HCPS fee caps
Hawaii
66⅔% AWW, $1,240/wk max (2026), Special Compensation Fund after 104wks
Idaho
Max $1,021.50/wk (90% ASW), 500-week whole man, ISIF second-injury fund
Kansas
$905/wk max TTD/PTD, 415-wk PPD cap, SB 430 (2024) raised PTD cap $155K→$400K
Maine
Max $1,561/wk (125% of SAWW), 7-day wait, no statutory minimum, exclusive remedy
Mississippi
Max $654.63/wk, 5-day wait, Second Injury Trust Fund
Montana
$1,192/wk max, 400-week PPD formula, 60-mo medical closure
North Dakota
Monopolistic state fund (WSI), $1,614/wk max, no private insurance or self-insurance
Nebraska
Max $1,166/wk (2026), Espinoza multi-member LOEC rule, exclusive remedy
New Hampshire
$2,309/wk cap (150% SAWW); Second Injury Fund; 3-yr claim filing deadline
Nevada
Privatized market, monthly PPD annuity (0.6%/1% WPI), max $5,691.79/mo (FY27)
Rhode Island
62% AWW formula, $1,622/wk max, dedicated Workers' Compensation Court
South Dakota
No insurance mandate • $1,152/wk max (2026) • Subsequent Injury Fund repealed 1999
Utah
Max $1,376/wk (2026), 6-yr/12-yr filing window, narrow intentional-injury exception
Vermont
Max $1,914/wk (2026), 6-mo. filing deadline, whole-person PPD schedule
West Virginia
Deliberate-intent exception, $1,150.91/wk max, no punitive damages, privatized market
Wyoming
Monopolistic state fund, no private insurance; PTD capped at 80 months, not lifetime
Main Workers' Comp Calculator
Nationwide WC benefits overview