Any educational institution in this state employing student labor in aid of students attending the institution by enabling students to defray their tuition and expenses and in which institution any class of machinery or appliances are [is] used for instruction or otherwise and which would subject the institution to the terms of the Workers’ Compensation Act [52-1-1 NMSA 1978] as engaging in a hazardous calling or business as defined by that act is hereby exempted from the terms and operations of the Workers’ Compensation Act as to any liability accruing to any student so employed; provided, the terms of that act shall in no way relieve any institution from any liability for damages or injuries to any student which would otherwise be recoverable by law.
HISTORY:
Laws 1939, ch. 232, § 1; 1941 Comp., § 57-932; 1953 59-10-32; Laws 1989, ch. 263, § 39.
Notes to Decisions
Exemption.
Teaching assistant who was injured while working at a university could not maintain her personal injury suit against the university’s board because even though the university qualified for a statutory exemption from workers’ compensation laws, the university had opted not to claim the exemption and chose to cover its student employees under its workers’ compensation coverage; thus, the teaching assistant’s personal injury suit was barred because her exclusive remedy was under the Workers’ Compensation Act [52-1-1 NMSA 1978]. Bajart v. University of New Mexico, 1999-NMCA-064, 127 N.M. 311, 980 P.2d 94, 1999 N.M. App. LEXIS 29 (N.M. Ct. App. 1999).
Remedies.
Under 52-1-63 NMSA 1978, the employee was required to pursue remedies exclusively through the Workers’ Compensation Act after being injured during his employment, even though the employer was an exempt educational institution because the institution had opted to participate in the Act. Bajart v. University of New Mexico, 1999-NMCA-064, 127 N.M. 311, 980 P.2d 94, 1999 N.M. App. LEXIS 29 (N.M. Ct. App. 1999).