Uninsured Employers' Fund
About the UEF
- Juanita Roibal-Bradley, Esq. Bureau Chief
- Richard Crollett, Esq.
- Amme Hogan, Esq.
Complaint Form Packet
Download the
Complaint Form Packet
Creation
The Uninsured Employers' Fund (UEF) is a monetary fund created by the legislature, New Mexico Statute, Section 52-1-9.1 (2003).
Purpose
The purpose of the fund is for the protection of a worker whose employer was required to, but failed to, maintain workers' compensation insurance
coverage at the time of the worker's job accident/injury.
Eligibility Requirements
In general, to be "eligible" to receive UEF benefit:
- A worker's job accident/injury or disease must have occurred on or after June 20, 2003, and at which time;
- Worker was an employee of the employer; and
- The employer was required to, but failed to, maintain workers' compensation insurance coverage for worker.
Benefits
The UEF will pay worker's compensable medical and lost wage benefits, and thereafter seek reimbursement and a penalty from the employer.
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What's New!
All claims are processed as workers' compensation complaints. Each case will be heard at a mediation conference, where a WCA mediator will make a recommendation on all issues of the case.
For UEF job accidents/illnesses occurring on or after December 23, 2005, benefits are limited to a maximum payout of $40,000.00 for "medical" benefits and also $40,000.00 for "disability" benefits. Should the monetary limit on disability benefits not exceed $40,000.00, any unused portion can be applied to payment of medical benefits, but not vice versa.
How to Apply for Benefits
If you are a worker and you think you are entitled to benefits from the Uninsured Employers' Fund, contact an ombudsman at the WCA. Call the WCA Helpline: 1-866-WORKOMP / 1-866-967-5667. Or contact your nearest WCA office.
The ombudsman will assist you in assembling the information you need to present your case at mediation and in filling out the necessary forms. You can look at the complaint form packet here. The WCA recommends that you work with an ombudsman in completing the forms and providing all other necessary documentation, unless you have your own lawyer.
A mediation conference will be scheduled on your case. The WCA will contact the person you have named as the employer. This person will be given notice and an opportunity to be at the mediation conference.
If you are the person named as the employer, you could be held responsible for all of the benefits and medical costs of this worker, plus a penalty. You must respond to the WCA and prepare to appear at the mediation conference. It is very important to you. You may also call a WCA ombudsman for assistance in preparing your side of the case. Call the WCA Helpline: 1-866-WORKOMP / 1-866-967-5667. Or contact your nearest WCA office.
If either of you disagrees with the recommendation of the mediator, you can file a Rejection and then your case will go on to a trial. For information about the WCA mediation and dispute resolution process, download Booklet C1.
For information about your legal rights, obligations and UEF procedure, download Booklet A-4.
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