Detailed Answer
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
When you file a lost wage claim under New Mexico’s workers’ compensation system, it’s critical to name your employer correctly. Employers often operate under a “doing business as” (d/b/a) name that differs from their legal, registered name. A mismatch can delay your claim or lead to a misnomer objection.
1. Understand the Difference
The legal name is the name of the entity as registered with the New Mexico Secretary of State. The d/b/a is a trade name, which the employer uses for marketing or storefront identification. Under NMSA 1978, Section 52-1-6, the employer is identified as the insured entity.
2. Verify the Employer’s Legal Name
To find the correct legal name:
- Check your W-2 form or paycheck stub for the entity name.
- Search the New Mexico Secretary of State’s Business Search portal: https://portal.sos.state.nm.us/BFS/online/BusinessSearch
- Ask the employer or its human resources department for its registered name and employer identification number (EIN).
3. Use the Correct Name on Your Claim Form
In New Mexico, lost wage benefits are requested using the Form C-3 (Claim for Compensation). Under 11.4.1.11 NMAC, list the employer’s exact legal name as the “Employer/Insurer.” If you mistakenly use the d/b/a, the Workers’ Compensation Administration may deem the form defective and return it for correction.
4. Amending a Filed Claim
If you already filed under a d/b/a name, you can correct it:
- Submit a written request to amend your Form C-3. Include the correct legal name and provide an explanation.
- Attach proof of the correct name (e.g., a screenshot from the Secretary of State’s website or a copy of the employer’s W-2 header).
- The WCA’s Hearing Officer can grant the amendment under 11.4.1.19 NMAC to avoid undue delay.
5. Civil Actions in District Court
If you pursue unpaid wages or discrimination-based wage claims in district court rather than through workers’ compensation, you must correctly name the defendant. Under NMRA 1-015, you may amend your complaint to correct a misnomer. File an amended complaint and serve it on the properly named entity promptly to avoid dismissal.
Properly naming the employer ensures your claim proceeds without procedural setbacks. Always double-check name spellings and entity types (e.g., LLC, Inc.) before filing.
Helpful Hints
- Keep a record of all correspondence requesting the employer’s legal name.
- Confirm the entity type (corporation, LLC, partnership) when searching public records.
- Review the Workers’ Compensation Administration’s filing instructions at https://workerscomp.nm.gov.
- If in doubt, request a free consultation with a workers’ compensation attorney to review your forms before filing.
- Track deadlines: you generally have one year from the date of disability to file a lost wage claim (see NMSA 1978, §52-5-1).