N.M. Stat. § 60-13A-5
Compliance with and applicability of workers'
compensation laws.
A. Every employee leasing contractor shall comply with the provisions of Section
52-1-4 NMSA 1978, and that compliance shall be a condition precedent to initial
registration. Failure to maintain compliance with the cited law shall result in the
immediate revocation of any registration or license held by the noncomplying employee
leasing contractor in addition to any other sanctions that may be imposed under
applicable laws or regulations.
B. Workers' compensation insurance or self-insurance applicable to leased workers
shall cover the employee leasing contractor and the client as co-insureds. Workers'
compensation insurance applicable to leased employees may be provided in any
manner authorized by and in compliance with regulations of the superintendent of
insurance issued pursuant to Section 59A-2-9.1 NMSA 1978.
C. The employee leasing contractor and the client shall be deemed co-employers of
leased workers for purposes of the Workers' Compensation Act [Chapter 52 NMSA
1978]. The Workers' Compensation Act shall constitute leased workers' exclusive
remedy against both the employee leasing contractor and the client if the conditions of
Section 52-1-9 NMSA 1978 are satisfied.