Section 52-1-28.2 - Retaliation against employee seeking benefits; civil penalty. - New Mexico Statutes

52-1-28.2. 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 workers' compensation benefits for the sole reason that that employee seeks workers' compensation 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 [52-3-1 NMSA 1978], 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.