How much is a back injury worth in New Mexico workers' comp?
In New Mexico, a back injury is paid by the whole-person impairment rating your doctor gives. A 10% rating at the top weekly rate is worth about $57,333; with a 10% whole-person rating and a $1,200 weekly wage, about $40,000. That is the statutory award for the permanent injury; medical care and benefits while you are off work are paid separately.
How a back injury is paid in New Mexico
Not scheduled; paid as a whole-body PPD based on the AMA impairment rating, with modifiers if the worker is not back at the pre-injury wage.
Each week is paid at 66.67% of your average weekly wage, up to $1,146.66 a week, with a minimum of $36 a week (or your full wage if it is lower).
What is different in New Mexico
If the worker is back at work earning at least the pre-injury wage, PPD is just the compensation rate times the impairment rating; if not, the rating is increased by modifiers for age, education, skills and physical capacity. Whole-body benefits (TTD plus PPD) are capped at 500 weeks, or 700 weeks when the disability rating is 80% or more.
Worked examples
| Rating | $800 weekly wage | $1,200 weekly wage | $1,600 weekly wage |
|---|---|---|---|
| 5% whole-person rating | $13,333.33 | $20,000 | $26,666.67 |
| 10% whole-person rating | $26,666.67 | $40,000 | $53,333.33 |
| 15% whole-person rating | $40,000 | $60,000 | $80,000 |
| 25% whole-person rating | $66,666.67 | $100,000 | $133,333.33 |
Calculate your back award
Compare only the same benefit component on the same gross basis. If an offer includes medical care, temporary benefits or other rights, do not enter it here. The balance subtracts payments for this same benefit only, not fees or other offsets.
The result is the statutory permanent award only. Medical care, temporary benefits and fees are not included. Use the exact rating from the medical report: a body-part rating and a whole-person rating are not interchangeable.
Back injuries: information needed to value the claim
Separate the diagnosis (for example, a strain, disc injury or surgery) from the permanent rating. Ask for the medical report identifying the spinal region, any nerve involvement, lasting work restrictions and whether maximum medical improvement has been reached. A diagnosis or surgery alone is not a dollar amount.
Settlement value vs. the statutory award
The statutory benefit described here and a settlement value are different figures. Request an itemized proposal identifying the benefits included, amounts already paid, deductions, future medical treatment and rights being resolved. Which benefits can be settled and what approval is required depend on state rules. This page does not calculate future medical costs or predict a negotiated outcome.
While you recover: temporary disability in New Mexico
Weekly temporary benefits while you cannot work follow these rules:
| Weekly rate | 66.67% of AWW |
|---|---|
| Maximum weekly benefit | $1,146.66 (2026-01-01 to 2026-12-31) |
| Minimum weekly benefit | $36 |
| Waiting period | 7 days |
| Waiting days paid back after | 28 days of disability |
| Time limit on temporary benefits | 700 weeks |
Estimate your weekly check
Assumes temporary total disability and no post-injury work earnings. It does not calculate partial disability, retroactive payments, offsets or special low-wage rules. Confirm the injury date and the insurer's wage calculation.
Frequently asked questions
How much is a back injury worth in New Mexico workers' comp?
It depends on your doctor's whole-person impairment rating. A 10% rating at the top weekly rate is worth about $57,333; with a 10% whole-person rating and a $1,200 weekly wage, about $40,000.
What is the average workers' comp settlement for a back injury in New Mexico?
New Mexico does not publish an official average settlement. The best benchmark is the statutory award for your rating: with a 10% whole-person rating and a $1,200 weekly wage, about $40,000. A settlement can be higher or lower depending on future medical care, disputed ratings and which other benefits it closes.
What is the maximum weekly workers' comp benefit in New Mexico in 2026?
The maximum weekly temporary total disability benefit is $1,146.66 (2026-01-01 to 2026-12-31).
Is there a waiting period in New Mexico?
Yes. New Mexico does not pay the first 7 days of lost time, but pays them back once disability lasts more than 28 days.
Which law sets these amounts?
NMSA 1978 §52-1-41 (total disability), §52-1-42 (partial disability), §52-1-43 (scheduled injuries); NMSA 1978 §52-1-42 (partial disability, 500/700 weeks); §52-1-43 (scheduled injuries). The official sources are linked at the bottom of this page.
Other injuries in New Mexico
Law and official sources
Includes secondary sources
Statute: NMSA 1978 §52-1-41 (total disability), §52-1-42 (partial disability), §52-1-43 (scheduled injuries); NMSA 1978 §52-1-42 (partial disability, 500/700 weeks); §52-1-43 (scheduled injuries); §§52-1-26 to 52-1-26.4 (disability determination and modifiers)
- New Mexico Workers' Compensation Administration (official site)
- workerscomp.nm.gov/wp-content/uploads/2025/04/awwtable.pdf
- secure.ssa.gov/poms.nsf/lnx/0452150045
- law.justia.com/codes/new-mexico/2021/chapter-52/article-1/section-52-1-41/
- law.justia.com/codes/new-mexico/2011/chapter52/article1/section52-1-43/
- law.justia.com/codes/new-mexico/2021/chapter-52/article-1/section-52-1-42/
Figures checked September 30, 2026. Maximums change every year; confirm current figures with the New Mexico workers' compensation agency.
Estimate only. Your real award depends on your doctor's rating, your wage records, offsets and settlement terms. This page is general information, not legal advice.