New Mexico § 52-1-10 - Increase or reduction in compensation based on failure of employer to provide or failure of employee to use safety devices
Full text of New Mexico New Mexico Statutes Annotated § 52-1-10 — Increase or reduction in compensation based on failure of employer to provide or failure of employee to use safety devices, with citation guidance and answers to common questions.
§ 52-1-10. Increase or reduction in compensation based on failure of employer to provide or failure of employee to use safety devices
A. In case an injury to, or death of, a worker results from his failure to observe
statutory regulations appertaining to the safe conduct of his employment or from his
failure to use a safety device provided by his employer, then the compensation otherwise
payable under the Workers' Compensation Act shall be reduced ten percent. B. In case an injury to, or death of, a worker results from the failure of an employer
to provide safety devices required by law or, in any industry in which safety devices
are not prescribed by statute, if an injury to, or death of, a worker results from
the negligence of the employer in failing to supply reasonable safety devices in general
use for the use or protection of the worker, then the compensation otherwise payable
under the Workers' Compensation Act shall be increased ten percent. C. In case the death of a worker results from the failure of an employer to provide
safety devices required by law or, in any industry in which safety devices are not
prescribed by statute, if the death of a worker results from the negligence of the
employer in failing to supply reasonable safety devices in general use for the use
or protection of the worker, and the deceased worker leaves no eligible dependents
under the Workers' Compensation Act, in addition to the benefits provided for in Subsection A of Section 52-1-46 NMSA 1978 , compensation in the amount of five thousand dollars ($5,000) shall be paid to the
surviving father and mother of the deceased or, if either of them be deceased, to
the survivor of them. The surviving father and mother, or either of them, may file a claim for the five
thousand dollars ($5,000) compensation, provided the father or mother has given notice
in the manner and within the time required by Section 52-1-29 NMSA 1978 and the claim is filed within one year from the date of the worker's death. If there be no surviving father or mother, then the five thousand dollars ($5,000)
compensation provided for in this subsection shall not be payable. D. Any increased liability resulting from negligence on the part of the employer shall
be recoverable from the employer only and not from the insurer, guarantor or surety
of the employer under the Workers' Compensation Act, except that this provision shall
not be construed to prohibit an employer from insuring against such increased liability. E. No employee shall file a claim for increased compensation under the Workers' Compensation
Act on the basis of an injury suffered because of the lack of a safety device nor
shall a dependent of a deceased employee or the father or mother as provided in Subsection
C of this section file a claim on the basis of the death of a worker suffered because
of the lack of a safety device, unless the claim identifies the specific safety device
which it is claimed was not furnished by the employer. The employer is under a like duty to allege the specific safety device which it
is claimed an employee failed to use before the employer may claim a reduction of
compensation as herein provided.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 52-1-10
What does New Mexico Statutes Annotated § 52-1-10 cover?
Section 52-1-10 ("Increase or reduction in compensation based on failure of employer to provide or failure of employee to use safety devices") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 52-1-10?
A common citation format is "New Mexico Statutes Annotated § 52-1-10" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 52-1-10 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.