Coverage for Farm Workers: Required

Statute: N.M. Stat. Ann. 1978, § 52-1-6(A) (2011)

Coverage for Undocumented Workers: Yes

Case Law: N.M. Stat. Ann. 1978, § 52-1-6(A) (2011) § 52-1-6(B) excludes farm and ranch laborers. However, in June 2016, the New Mexico Supreme Court ruled that the farm and ranch labor exemption was unconstitutional and that their holding would be applied prospectively to injuries manifesting after the date of the court mandate (expected by Sept. 2016). Rodriguez v. Brandwest Diary, 2016 WL 3611041. The New Mexico Appeals Court recently deemed unconstitutional the law that excluded employers of domestic servants, farm laborers, and ranch hands from mandatory workers' compensation coverage. [N.M. Stat. Ann. § 52-1-6(B) (2011)] Rodriguez v. Brand W. Dairy, Nos. 33,104, 33,675, 2015 WL 3879494, at *8 (N.M. Ct. App. June 22, 2015)

Benefits Available for Undocumented Workers: The New Mexico Appeals Court recently deemed unconstitutional the law that excluded employers of domestic servants, farm laborers, and ranch hands from mandatory workers' compensation coverage. [N.M. Stat. Ann. § 52-1-6(B) (2011)] Rodriguez v. Brand W. Dairy, Nos. 33,104, 33,675, 2015 WL 3879494, at *8 (N.M. Ct. App. June 22, 2015)