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Workers' compensation reform introduces attorney fee responsibility for employers

March 21, 2025 | Passed, House, 2025 Bills, New Mexico Legislation Bills, New Mexico


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Workers' compensation reform introduces attorney fee responsibility for employers
On March 21, 2025, the New Mexico House of Representatives introduced House Bill 66, a significant piece of legislation aimed at reforming the state's workers' compensation system. The bill seeks to address ongoing concerns regarding the financial burdens faced by injured workers and their legal representation, particularly in cases where employers contest claims.

The primary purpose of House Bill 66 is to ensure that injured workers are not financially penalized when they seek legal representation to secure their rightful compensation. One of the key provisions stipulates that if an employer's initial offer to a worker is less than the amount awarded by a compensation order, the employer must cover 100% of the attorney fees incurred by the worker. This provision aims to alleviate the financial strain on workers who may otherwise hesitate to pursue claims due to the costs associated with legal representation.

Additionally, the bill outlines that in cases where the workers' compensation administration is involved in determining whether a claimant's disablement has ended, the courts will fix a reasonable fee for the claimant's attorney only if the employer fails to prove that the disablement has indeed terminated. This measure is designed to protect workers from incurring excessive legal fees in disputes over their compensation status.

The introduction of House Bill 66 has sparked notable debates among lawmakers and stakeholders. Proponents argue that the bill is a necessary step toward ensuring fair treatment for injured workers, particularly in a system that has historically favored employers. Critics, however, express concerns about the potential financial implications for businesses, fearing that increased costs associated with attorney fees could lead to higher insurance premiums and discourage employers from hiring.

The economic implications of this bill could be significant. By potentially increasing the costs for employers, there may be a ripple effect on the job market and overall business climate in New Mexico. Conversely, supporters argue that ensuring fair compensation for injured workers can lead to a healthier workforce and reduce long-term costs associated with untreated injuries.

As House Bill 66 moves through the legislative process, its future remains uncertain. Experts suggest that the bill's passage could set a precedent for similar reforms in other states, highlighting the ongoing national conversation about workers' rights and compensation. The outcome of this legislation will likely influence not only the lives of injured workers in New Mexico but also the broader landscape of workers' compensation laws across the country.

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Scribe from Workplace AI
Scribe from Workplace AI