New Mexico § 52-1-8 - Defenses to action by employee

§ 52-1-8. Defenses to action by employee

In an action to recover damages for a personal injury sustained by an employee while

engaged in the line of his duty as such or for death resulting from personal injuries

so sustained in which recovery is sought upon the ground of want of ordinary care

of the employer, or of the officer, agent or servant of the employer, it shall not

be a defense: A. that the employee, either expressly or impliedly, assumed the risk of the hazard

complained of as due to the employer's negligence; B. that the injury or death was caused, in whole or in part, by the want of ordinary

care of a fellow servant; and C. that the injury or death was caused, in whole or in part by the want of ordinary

care of the injured employee where such want of care was not willful. Any employer who has complied with the provisions of the Workers' Compensation Act

relating to insurance or any of the employees of the employer, including management

and supervisory employees, shall not be subject to any other liability whatsoever

for the death of or personal injury to any employee, except as provided in the Workers'

Compensation Act, and all causes of action, actions at law, suits in equity, and proceedings

whatever, and all statutory and common-law rights and remedies for and on account

of such death of, or personal injury to, any such employee and accruing to any and

all persons whomsoever, are hereby abolished except as provided in the Workers' Compensation

Act.