52-3-45.2. Retaliation against employee seeking benefits; civil
146 words·~1 min read·
/nm/chapter-52-workers-compensation/article-3-occupational-disease-disablement/52-3-45-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.