How much is a back injury worth in New Mexico workers' comp?
New Mexico does not use a fixed number of weeks for a back injury. Your doctor gives a whole-person impairment rating and the award follows the state formula (whole-person % × 500 weeks).
How a back injury is paid in New Mexico
Not scheduled; paid as a whole-body PPD based on the AMA impairment rating, with modifiers if the worker is not back at the pre-injury wage.
Each week is paid at 66.67% of your average weekly wage, up to $1,146.66 a week, with a minimum of $36 a week (or your full wage if it is lower).
What is different in New Mexico
If the worker is back at work earning at least the pre-injury wage, PPD is just the compensation rate times the impairment rating; if not, the rating is increased by modifiers for age, education, skills and physical capacity. Whole-body benefits (TTD plus PPD) are capped at 500 weeks, or 700 weeks when the disability rating is 80% or more.
Worked examples
| Rating | $800 weekly wage | $1,200 weekly wage | $1,600 weekly wage |
|---|---|---|---|
| 5% whole-person rating | $13,334 | $20,001 | $26,668 |
| 10% whole-person rating | $26,668 | $40,002 | $53,336 |
| 15% whole-person rating | $40,002 | $60,003 | $80,004 |
| 25% whole-person rating | $66,670 | $100,005 | $133,340 |
Calculate your back award
Settlement value vs. the statutory award
The figures on this page are what New Mexico law sets. Many claims end in a negotiated settlement instead. Insurers usually start from the statutory award for your rating, then adjust for disputed ratings, future medical care, how long wage-loss benefits could run and the risk of a hearing. Knowing the statutory number for a back injury helps you judge whether an offer is low.
New Mexico vs. neighboring states
| State | How a back injury is paid | Max for total loss |
|---|---|---|
| New Mexico | whole-person % × 500 weeks | — |
| Arizona | wage loss | — |
| Colorado | impairment rating (see rule) | — |
| Oklahoma | whole-person % × 360 weeks | — |
| Texas | 3 weeks per whole-person point | — |
| Utah | whole-person % × 312 weeks | — |
"Max for total loss" applies to body-part schedules at the top weekly rate. Compare all 50 states and D.C.
While you recover: temporary disability in New Mexico
Weekly temporary benefits while you cannot work follow these rules:
| Weekly rate | 66.67% of AWW |
|---|---|
| Maximum weekly benefit | $1,146.66 (2026-01-01 to 2026-12-31) |
| Minimum weekly benefit | $36 |
| Waiting period | 7 days |
| Waiting days paid back after | 28 days of disability |
| Time limit on temporary benefits | 700 weeks |
Estimate your weekly check
Frequently asked questions
How much is a back injury worth in New Mexico workers' comp?
It depends on your whole-person impairment rating. New Mexico pays whole-person % × 500 weeks; a 10% rating is worth up to $57,333.
What is the average workers' comp settlement for a back injury in New Mexico?
New Mexico does not publish an official average. The best benchmark is the statutory award for your rating: for example, a 10% whole-person rating at a $1,200 weekly wage works out to about $40,002. Settlements move up or down from there.
What is the maximum weekly workers' comp benefit in New Mexico in 2026?
The maximum weekly temporary total disability benefit is $1,146.66 (2026-01-01 to 2026-12-31).
Is there a waiting period in New Mexico?
Yes. New Mexico does not pay the first 7 days of lost time, but pays them back once disability lasts more than 28 days.
Which law sets these amounts?
NMSA 1978 §52-1-41 (total disability), §52-1-42 (partial disability), §52-1-43 (scheduled injuries). The official sources are linked at the bottom of this page.
Other injuries in New Mexico
Law and official sources
Includes secondary sources
Statute: NMSA 1978 §52-1-41 (total disability), §52-1-42 (partial disability), §52-1-43 (scheduled injuries); NMSA 1978 §52-1-42 (partial disability, 500/700 weeks); §52-1-43 (scheduled injuries); §§52-1-26 to 52-1-26.4 (disability determination and modifiers)
- New Mexico Workers' Compensation Administration (official site)
- workerscomp.nm.gov/wp-content/uploads/2025/04/awwtable.pdf
- secure.ssa.gov/poms.nsf/lnx/0452150045
- law.justia.com/codes/new-mexico/2021/chapter-52/article-1/section-52-1-41/
- law.justia.com/codes/new-mexico/2011/chapter52/article1/section52-1-43/
- law.justia.com/codes/new-mexico/2021/chapter-52/article-1/section-52-1-42/
Figures checked September 30, 2026. Maximums change every year; confirm current figures with the New Mexico workers' compensation agency.
Estimate only. Your real award depends on your doctor's rating, your wage records, offsets and settlement terms. This page is general information, not legal advice.