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All employers with three or more employees are required to carry Workers' Compensation Insurance (or provide self-insurance through a certified New Mexico program). New Mexico classifies an employee as any person who does the work of the business entity. This includes the owner of the business, if the owner works in the business, part-time employees, exempted officers, and family-member employees. Nonprofit, charitable, and religious organizations are not exempt from carrying Workers' Compensation.

NM Workers' Comp: Key Details

  • Sole proprietors in New Mexico are typically excluded from coverage, but can elect to cover themselves with their Workers' Comp policy.
  • Employers in the construction industry must carry coverage no matter how many employees they have.
  • Those exempted from compulsory coverage include…
    • Household servants.
    • Real estate salespersons.
    • Farm and ranch laborers.
  • You can purchase coverage from New Mexico Mutual, a competitive, state-administered Workers' Comp Insurance fund. You may also purchase insurance from a private insurer or self-insure if you are approved.

Still wondering how New Mexico's Workers' Comp laws affect your business? Visit the state's Workers' Compensation Administration for more details.

Workers' Compensation Insurance Laws By State