Getting injured on the job is a risk that we all take as employers and employees. Workers Compensation Coverage is coverage that will protect all parties involved from the owner of the company, to the injured worker. If you do get hurt and there is coverage in place, you as the worker, will not have to pay anything for urgent care, rehabilitative care, and in some instances, would receive a portion of your pay if you were not able to return t work in a timely manner.
What happens if you get hurt at work due to being under the influence of drugs or alcohol? In the state of New Mexico, you are still covered by the vague wording of a law. Regardless of if you test positive for alcohol or illegal drugs, you are still able to qualify for New Mexico Workers Compensation benefits if you re injured on the job. Period.
In the next couple of weeks, New Mexico is going to try and introduce a bill that will close the door on the prior loophole, in the hopes to save those with workers compensation coverage and insurance companies thousands of dollars in claims each year.
According to Builders Trust of New Mexico, workers compensation claims are 20% higher in New Mexico than the national average, and premiums are increasing up 4%, while premiums in 19 other states are falling. (30 states rates have remained the same or increased.)
As it is written now, NM Workers Comp claims may be denied only if drugs or alcohol were the only factor in causing and work place accident. As a result it is extremely difficult to deny a claim because there is almost always another factor involved in a work place injury.
For any bill that does not involve revenue or appropriations must be requested form the governor for it to be debated, but as of this, the governor had not yet confirmed this would be on the agenda.
Washington State and Colorado have both made recreational marijuana legal in 2014, it will be very interesting to see just how many other states legalize recreational marijuana. This could require all states to refine and amend their workers compensation laws to change. Only time will tell.
Get more information about New Mexico workers compensation insurance or get a quote.