Seasonal and temporary jobs can be a great way to earn income during peak business periods or fill short-term staffing needs. However, many workers in these positions wonder: Am I covered by workers’ compensation if I get injured on the job?
In New Mexico, the answer is generally yes, but there are important details to know about how the law applies to different types of workers and industries.
Who Must Provide Workers’ Compensation Coverage in New Mexico?
Under the New Mexico Workers’ Compensation Act, employers with three or more workers—whether those workers are permanent, temporary, or transitory—are required to provide workers’ compensation coverage. This requirement applies to both residents and nonresidents of New Mexico.
Key Statutes & References
- N.M. Stat. Ann. § 52-1-6 (Application of provisions of act.)
- N.M. Stat. Ann. § 52-1-66 (Nonresident employers; requirement for insurance; enforcement)
However, there are specific exemptions for certain types of employers and workers:
- Domestic Servants: Private household workers are generally excluded unless the employer opts into coverage.
- Farm and Ranch Laborers: Also excluded unless the employer elects coverage.
If you work in one of these excluded categories and your employer has not opted in, you may not be covered by the Workers’ Compensation Act.
Coverage for Temporary and Seasonal Workers
New Mexico law recognizes the need to protect workers who fill short-term roles. Under the state’s Employee Leasing Act, “temporary workers” are defined to include those employed to support or supplement another’s workforce in special work situations, such as seasonal workloads.
Key Statute & Case
- N.M. Stat. Ann. § 60-13A-2 (Definitions under the Employee Leasing Act)
- MPC Ltd. v. N.M. Taxation & Revenue Dep’t, 133 N.M. 217 (discussing co-employment roles)
When a “temporary services employer” places a worker with a client company, both the temp agency and the client are considered co-employers for workers’ compensation purposes. This joint responsibility means that a temporary or seasonal worker injured on the job can file a claim and receive benefits, regardless of which entity is technically writing the paycheck.
Special Rules for the Construction Industry
The New Mexico Workers’ Compensation Act contains an important rule for construction activities. Any employer engaged in activities that require licensing under the Construction Industries Licensing Act must carry workers’ compensation coverage regardless of the number of employees. This ensures that even if an employer has fewer than three workers, it still has to provide coverage if it operates in a licensed construction field.
However, the usual exclusions (e.g., for farm and ranch laborers) still apply unless an employer voluntarily opts into coverage.
Key Statute
- N.M. Stat. Ann. § 52-1-6 (Application of provisions of act.)
Practical Takeaways for Seasonal and Temp Workers
- Most employers with three or more workers must carry workers’ compensation, covering both long-term and short-term staff.
- Even if you are employed through a temp agency, you typically have workers’ comp protection under co-employment principles.
- Construction employers must offer coverage even if they have fewer than three workers, as long as they require a state license.
- Domestic and farm/ranch laborers are exempt from the Act unless the employer has chosen to opt in.
If you are in doubt about your coverage status, it’s wise to ask your employer about their workers’ compensation policy. You can also contact the New Mexico Workers’ Compensation Administration for additional information or to confirm your rights.
More Legal Insights at AskLawEasy
We hope this article clarifies how seasonal and temporary workers in New Mexico are generally covered by workers’ compensation. At AskLawEasy, we believe in providing clear, concise legal information that helps individuals understand their rights and responsibilities in various areas of law.
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Disclaimer: This information is intended for general educational purposes and does not constitute legal advice. For personalized guidance or help with a specific claim, consider consulting a qualified New Mexico personal injury lawyer or a New Mexico workers’ compensation lawyer.
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