Detailed Answer
If you’ve been injured at work in New Mexico, you have the right to know whether your employer has filed a workers’ compensation claim on your behalf. Below are the key steps you can take:
1. Ask Your Employer or HR Department
Your employer must report any work‐related injury to their insurer and the New Mexico Workers’ Compensation Administration (WCA) within 15 days of notice. Start by requesting confirmation of the claim. Ask for the insurer’s name, claim number and the date the report was filed.
2. Contact the Insurance Carrier
If your employer shares the carrier’s information, call the insurance company directly. Provide your name, date of injury and employer details. The adjuster can verify whether a claim exists and update you on its status.
3. Search Records with the WCA
The New Mexico Workers’ Compensation Administration maintains claim records. You can:
- Submit a written Records Search Request via mail or email. Forms and instructions are available on the WCA website: https://workerscomp.nm.gov/claims.
- Visit the WCA office in Albuquerque in person to review public claim files.
4. Review the Report of Injury
Under NMSA 1978, Section 52-1-26, employers must file a Report of Injury with the WCA. That document lists the date of injury, nature of injury and insurer details. Request a copy to confirm the filing date and claim number.
5. Follow Up in Writing
Send a certified letter or email to your employer and the insurer requesting written confirmation of the claim filing. This creates a clear paper trail in case of later disputes.
Helpful Hints
- Document all communications: note names, dates and what was said.
- Keep a copy of your initial injury notice to your employer.
- Check deadlines: New Mexico law gives you one year from the date of injury to file a claim if your employer fails to do so (NMSA 52-1-34).
- Use certified mail or email read receipts when sending requests.
- If you hit delays, consider contacting the WCA Ombudsman at https://workerscomp.nm.gov/ombudsman.
Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Always consult a qualified attorney for advice about your specific situation.