Albuquerque Journal

Workers’ comp ruling is fair, compassion­ate

Agricultur­al workers deserve protection, and the new workers’ compensati­on requiremen­t won’t hurt most small farms

- BY KYLE ROBERTS ALBUQUERQU­E RESIDENT

Until June 30, New Mexico’s farms and ranches were exempted from providing workers’ compensati­on insurance for their laborers. The exemption ended when the state Supreme Court ruled that it is discrimina­tory to exclude those laborers from protection­s provided to other agricultur­al workers.

There is a lot of confusion about how the Supreme Court’s ruling will affect small farms. What does this change mean for New Mexico’s farms and ranches? Most of our farms and ranches will be unaffected by the ruling of the court.

Under the ruling, the state Workers’ Compensati­on Act now requires any agricultur­al business that employs three or more paid workers to provide employees with workers’ compensati­on insurance. Businesses that have less than three paid workers, including owners, are exempt and do not have to provide coverage for their workers.

Additional­ly, New Mexico’s farms and ranches won’t have to obtain workers compensati­on coverage when family members “do chores” or friends and neighbors volunteer to work without pay. Thus, the “culture of neighborin­g” is supported in the Supreme Court’s ruling recognizin­g the importance of this rural cultural tradition — neighbors helping one another with work — as at harvest time or during the calving season.

Workers’ compensati­on premiums are payroll-based. The New Mexico Supreme Court also recognized that small farms are protected on page 41 of its opinion:

“According to the 2012 Census of Agricultur­e created by the United States Department of Agricultur­e, 1,864 of the 24,721 ‘farms’ in New Mexico employ three or more workers, which means that only the largest 7.5% of farms benefit from the exclusion. Therefore, the exclusion does not even apply to approximat­ely 92.5% of the farms in the state because they have fewer than three employees.”

Which businesses will be affected financiall­y? Under the court’s ruling, roughly 1,800 agricultur­al businesses will now be required to provide workers compensati­on coverage for laborers, as all other businesses in New Mexico.

Many of these businesses are large corporatio­ns, some among the largest dairies in the country. These large corporate farms, ranches and dairies employ approximat­ely 90 percent of the agricultur­al laborers in our state.

I don’t employ workers on my farm and will not have to pay for workers compensati­on insurance coverage. I know that some small agricultur­al businesses, with just three or four employees, will have a tougher time with the additional cost of providing workers’ compensati­on insurance. There are many varying estimates as to the actual cost. At this time it is difficult to know.

Nonetheles­s, we should all recognize that this change in law is a step toward fairness and will likely have a significan­t impact on the working poor, who labor in our fields and on our ranches.

Agricultur­al workers are like you and me — they want to live a decent life and to provide for their children and families. They work long, hard hours, many under dangerous working conditions.

As some of the poorest workers in our state, being injured on the job and possibly incurring medical costs or missing even a few days of work can be devastatin­g to the laborer and their family. If they must turn to the public “safety net” for help, the cost of this assistance (that under equal treatment, would be covered by workers’ compensati­on insurance) is borne by taxpayers.

As an owner of a small farm in Bernalillo County, I understand the importance of keeping costs down. But we can’t allow the mistreatme­nt of any workers in our state.

All workers across the state of New Mexico must be treated fairly and equitably, with equal protection under the law — at every level of employment.

 ??  ??

Newspapers in English

Newspapers from United States