The Workers’ Compensation Act is intended to “provide a humanitarian and economical system of compensation for injured workmen.” The New Mexico Legislature adopted the Workers’ Compensation Act to protect workers and to protect society by ensuring both that industry carry the burden of personal injuries suffered by workers in the course of their employment and that the burden is not excessive on the industry. Under the system, an injured worker must accept compensation amounts as his or her exclusive remedy, and the employer/insurer is liable for those scheduled amounts, regardless of who was at fault. The only exception to the Workers’ Compensation Act’s mandate of coverage is in § 52-1-6(A), which provides that the Act, “shall not apply to employers of private domestic servants and farm and ranch laborers.”

There are approximately 23,000 agricultural workers in New Mexico.  The majority of these workers are only employed seasonally. Farm and ranch work can be dangerous, particularly without proper safety equipment or training. Health insurance is a luxury that most farm and ranch workers can not afford. Only 1% of farm workers in New Mexico and West Texas have private health insurance. When workers are hurt on-the-job, they are often left with few options when seeking medical care. Many do not get the medical treatment that they need because they can not afford it.

The NM Center on Law and Poverty is pushing to include agricultural workers into the mandatory workers’ compensation system.

Watch our new video Uncovered: New Mexico's Farmworkers below:

• Report on Agricultural Workers and Workers’ Compensation in New Mexico-2008
• Fact Sheet: Amend the Workers’ Compensation Act to Cover Farm and Ranch Workers
• Draft Bill WCA Amendment
• Speaking Points:  Workers’ Compensation and the Agricultural Industry
• Printable Brochure: What To Do If You've Been Injured at Work (Non-Agricultural).
• We also offer this brochure en Espanol.