New Mexico § 52-1-28.2 Retaliation against employee seeking benefits; civil

New Mexico Statutes

§ 52-1-28.2 — Retaliation against employee seeking benefits; civil

New Mexico § 52-1-28.2

Ch. 52Workers' Compensation

This text of New Mexico § 52-1-28.2 (Retaliation against employee seeking benefits; civil) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 52-1-28.2 (2026).

Text

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 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 admin

Free access — add to your briefcase to read the full text and ask questions with AI

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 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.