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

§ 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.