Types of Worker’s Compensation Benefits

NCOME BENEFITS:

  • Temporary Total Disability (TTD): This benefit is paid if your doctor has taken you completely out of work or your doctor has placed you on light duty work and your employer does not have light duty work available. You will receive  2/3 of your average weekly wage, up to $500 per week. Workers with non-catastrophic injuries are limited to 400 weeks of benefits. However, there are lifetime benefits for workers with catastrophic injuries.
  • Temporary Partial Disability (TPD): This benefit is paid if your doctor places you on light duty work and you have returned to work. Benefits are 2/3 of the difference between your average weekly wage prior to your injury and your weekly wage after your injury, up to $334 per week. There is a limit of 350 weeks for this type of benefit.Permanent
  • Partial Disability (PPD): This benefit is paid when you suffer a permanent  injury. Your doctor will utilize the American Medical Association Guides to the Evaluation of Permanent Impairment to assign a percentage of disability. This percentage is multiplied by a number of weeks under the statute for your injured body part. The total number of weeks are then multiplied by your Temporary Total Disability (TTD) weekly benefit.

MEDICAL BENEFITS:

Your employer is responsible for medical benefits under the New Mexico Workers’ Compensation Statute. This means that they are required to pay for emergency room treatment, doctor visits, prescriptions, physical therapy, medical equipment, surgery, and transportation to and from appointments.

Your employer has the right to provide you with a list of doctors called the Panel of Physicians. The law allows you to choose a doctor from the panel and also make a one time change of doctor. However, if your employer does not have a Panel of Physicians, the law allows you to choose your own treating doctor.

If you are not satisfied with your medical care or desire a second opinion, the law allows you a one time right to an Independent Medical Exam (IME) by a doctor of your choice. If your employer does not allow you to treat with this IME doctor, then we can file a motion for change of physician with the New Mexico State Board of Workers’ Compensation.

DEATH BENEFITS:

This benefit is paid to a spouse and minor children who are dependent of a worker who dies on the job. The dependent spouse and minor children will receive 2/3 of the deceased worker’s average weekly wage, up to $500 per week. A spouse with no dependent children can receive a maximum of $150,000 in benefits. However, minor children can receive weekly benefits until they reach the age of 18 (age 22 if they attend college). Funeral expenses are covered up to $7,500.