We reported on this story before, but then it went onto the New Mexico Supreme Court after the New Mexico Court of Appeals made their initial decision. As it turns out, the NM Supreme Court also ruled that it is unconstitutional for farm workers to be excluded from the protection of workers’ compensation benefits.
Going forward, farm and ranch owners in New Mexico who previously were not required to cover their workers in the field will have to provide them workers’ compensation insurance. The state used to allow an exemption for these workers, only requiring that workers who packaged and processed foods to be covered.
Gail Evans is the legal director of the New Mexico Center for Law and Poverty, and told the Clovis News Journal that she estimates the law will only cost the industry less than one percent of their yearly profits. She says it’s going to make a small group of large farms accountable, since farms that do not employ three or more people do not pay workers’ compensation premiums so many smaller farms may not even be impacted.
The agricultural industry is disappointed in the outcome, saying that it will be a financial blow to an industry already dealing with a poor economy and strict regulations. Chad Smith, the CEO of the New Mexico Farm and Livestock Bureau, says it may even push some farmers toward mechanically harvesting crops. Some estimate the impact on their payroll to be significant.

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