2017 New Mexico Statutes
Chapter 52 - Workers' Compensation
Article 3 - Occupational Disease Disablement
Section 52-3-45.2 - Retaliation against employee seeking benefits; civil penalty.
52-3-45.2. Retaliation against employee seeking benefits; civil penalty.
A. An employer shall not discharge, threaten to discharge or otherwise retaliate in the terms or conditions of employment against a worker who seeks occupational disease disablement benefits for the sole reason that that employee seeks occupational disease disablement benefits.
B. Any person who discharges a worker in violation of Subsection A of this section shall rehire that worker pursuant to the provisions of the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] and the New Mexico Occupational Disease Disablement Law, provided the worker agrees to be rehired.
C. The director or a workers' compensation judge shall impose a civil penalty of up to five thousand dollars ($5,000) for each violation of the provisions of Subsection A or B of this section.
D. The civil penalty shall be deposited in the workers' compensation administration fund.
History: Laws 1990 (2nd S.S.), ch. 2, 47.