New Mexico § 52-1-31 - Claim to be filed for workers' compensation; effect of failure to give required notice or to file claim within time allowed
Full text of New Mexico New Mexico Statutes Annotated § 52-1-31 — Claim to be filed for workers' compensation; effect of failure to give required notice or to file claim within time allowed, with citation guidance and answers to common questions.
§ 52-1-31. Claim to be filed for workers' compensation; effect of failure to give required notice or to file claim within time allowed
A. If an employer or his insurer fails or refuses to pay a worker any installment
of compensation to which the worker is entitled under the Workers' Compensation Act,
after notice has been given as required by Section 52-1-29 NMSA 1978 , it is the duty of the worker insisting on the payment of compensation to file a
claim therefor as provided in the Workers' Compensation Act not later than one year
after the failure or refusal of the employer or insurer to pay compensation. This one-year period of limitations shall be tolled during the time a worker remains
employed by the employer by whom he was employed at the time of such accidental injury,
not to exceed a period of one year. If the worker fails to give notice in the manner and within the time required by Section 52-1-29 NMSA 1978 or if the worker fails to file a claim for compensation within the time required
by this section, his claim for compensation, all his right to the recovery of compensation
and the bringing of any proceeding for the recovery of compensation are forever barred. B. In case of the death of a worker who would have been entitled to receive compensation
if death had not occurred, claim for compensation may be filed on behalf of his eligible
dependents to recover compensation from the employer or his insurer. Payment may be received or claim filed by any person whom the director or the court
may authorize or permit on behalf of the eligible beneficiaries. No claim shall be filed, however, to recover compensation benefits for the death
of the worker unless he or someone on his behalf or on behalf of his eligible dependents
has given notice in the manner and within the time required by Section 52-1-29 NMSA 1978 and unless the claim is filed within one year from the date of the worker's death.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 52-1-31
What does New Mexico Statutes Annotated § 52-1-31 cover?
Section 52-1-31 ("Claim to be filed for workers' compensation; effect of failure to give required notice or to file claim within time allowed") 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 § 52-1-31?
A common citation format is "New Mexico Statutes Annotated § 52-1-31" (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 § 52-1-31 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.