N.M. Stat. » N.M. Stat. / Chapter 52 / Article 1
New Mexico Statutes

N.M. Stat. § 52-1-66 (2026)

Nonresident employers employing workers in state;

✓ laws through the 2025 session (retrieved May 2026)
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requirement for insurance; enforcement.
    A. Every employer not domiciled in the state who employs workers engaged in
activities required to be licensed under the Construction Industries Licensing Act
[Chapter 60, Article 13 NMSA 1978] and every other employer not domiciled in the state
who employs three or more workers within the state, whether that employment is
permanent, temporary or transitory and whether the workers are residents or
nonresidents of the state, shall comply with the provisions of Section 52-1-4 NMSA
1978 and, unless self-insured, shall obtain a workers' compensation insurance policy, or
an endorsement to an existing policy, issued in accordance with the provisions of
Section 59A-17-10.1 NMSA 1978. An employer who does not comply with the foregoing
requirement shall be enjoined from doing business in the state pursuant to Section 52-
1-62 NMSA 1978 and shall be barred from recovery by legal action for labor or
materials furnished during any period of time in which he was not in compliance with the
requirements of this section, and, if the noncomplying employment is in an activity for
which the employer is licensed under the provisions of the Construction Industries
Licensing Act, the employer's license is subject to revocation or suspension for the
violation.

   B. The construction industries division of the regulation and licensing department
shall promulgate rules and regulations to insure compliance with Subsection A of this
section.

History: 1978 Comp., § 52-1-66, enacted by Laws 1988, ch. 119, § 1; 1990 (2nd S.S.),
ch. 2, § 27; 2003, ch. 259, § 6.

                                   ANNOTATIONS

Repeals and reenactments. — Laws 1988, ch. 119, § 1 repealed 52-1-66 NMSA 1978,
as amended by Laws 1986, ch. 22, § 25, and enacted a new section, effective May 18,
1988.

The 2003 amendment, effective June 20, 2003, inserted "enjoined from doing business
in the state pursuant to Section 52-1-62 NMSA 1978 and shall be" following
"requirement shall be" near the middle of Subsection A.

The 1990 (2nd S.S.) amendment, effective January 1, 1991, in Subsection A,
substituted "who employs workers engaged in activities required to be licensed under
the Construction Industries Licensing Act and every other employer not domiciled in the
state who employs" for "that employs", inserted "Licensing" near the end, and deleted
"then" preceding "the employer's license" near the end; and rewrote Subsection B.

No exemption from liability under the act. — This section does not exempt
nondomiciled employers employing fewer than three workers in N.M. from liability under
the act. Rather, it relieves certain nondomiciled employers from the administrative
burden of obtaining a separate workers' compensation insurance policy that complies
with New Mexico requirements in the filing documentation with New Mexico workers
compensation administration under Section 52-1-4A NMSA 1978. Hammonds v.
Freymiller Trucking, Inc., 1993-NMCA-030, 115 N.M. 364, 851 P.2d 486.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation
§§ 32 to 38.

99 C.J.S. Workmen's Compensation §§ 22 to 25.
Notes of Decisions
Cited in 3 cases, 1979–1993 · leading case: Hammonds v. Freymiller Trucking, Inc., 851 P.2d 486 (N.M. Ct. App. 1993).
Sort: Relevance Newest Treatment
Hammonds v. Freymiller Trucking, Inc., 851 P.2d 486 (N.M. Ct. App. 1993). · cites it 10× “” Worker received benefits pursuant to Indiana’s workers’ compensation law. Worker filed a claim for workers’ compensation benefits in New Mexico in January 1991.”
Burns v. Transcon Lines, 595 P.2d 761 (N.M. Ct. App. 1979). · cites it 4× “Section 52-1-66 provides a method for the out-of-state employer to "be deemed to have secured the payment of compensation under this act" in a situation "[i]f an employee is entitled to the benefits of this act by reason of an injury sustained in this state in employment by an…”
Webb v. Arizona Pub. Serv. Co., 624 P.2d 545 (N.M. Ct. App. 1981). · cites it 2× “] Section 52-1-66 provides a method for an out-of-state employer to “be deemed to have secured the payment of compensation under this act.”
N.M. Stat. § 52-1-66(A): 1 case
Hammonds v. Freymiller Trucking, Inc., 851 P.2d 486 (N.M. Ct. App. 1993). “” Worker received benefits pursuant to Indiana’s workers’ compensation law. Worker filed a claim for workers’ compensation benefits in New Mexico in January 1991.”
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