If an accident occurs and a business does not have workers' compensation insurance as required by law, then the business can be liable for paying the cost of medical treatment and a percentage of the injured worker's wages. If the employer does not pay, the injured worker may file the claim with the Uninsured Employers' Fund (UEF). The UEF may pay those expenses, and will seek reimbursement from the employer, to include interest, penalties, costs, and attorney fees. The UEF has the right to go to district court and ask to seize the employer's property, real estate, bank accounts, and vehicles in order to be reimbursed.
New Mexico workers injured on the job whose employers do not have workers' compensation insurance when legally required to do so may qualify for benefits from the UEF. Benefits are paid by the UEF, which is administered by the WCA. Claims made with the UEF must be made within one year and 31 days of the accident or disability.
How to Apply for Benefits
- Download the UEF Packet
- Contact an ombudsman to help you fill out the form and guide you through the process.
- You must respond to the WCA and prepare to appear at a mediation conference.
- Contact an ombudsman for assistance in preparing your side of the case.
- In general, to be "eligible" to receive UEF benefits:
- A worker’s job accident/injury or disease must have occurred on or after June 20, 2003, and at which time;
- Worker was an employee of the employer; and
- The employer was required to, but failed to, maintain workers’ compensation insurance coverage for worker.
The UEF will pay worker’s compensable medical and lost wage benefits, and thereafter seek reimbursement and a penalty from the employer.