New Mexico § 52-3-7 - Defenses to action by employee

§ 52-3-7. Defenses to action by employee

In an action against an employer who has not complied with Section 52-3-9 NMSA 1978 to recover damages for an occupational disease sustained by an employee while engaged

in the line of his duty as such, or for death resulting from occupational diseases

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 occupational disease or death was caused, in whole or in part, by the

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

want of ordinary care of the employee where such want of care was not wilful. Any employer who has complied with the provisions of this act, including the provisions

relating to insurance, shall not be subject to any other liability whatsoever for

the disablement of or death of any employee from occupational disease, except as in

this act provided; 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 occupational disease of, any such employee and accruing

to any and all persons whomsoever, are hereby abolished except as in this act provided.