Retaliation for Filing Workers' Comp in New Mexico
Whether an employer in New Mexico can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: It is illegal for an employer to retaliate against a worker for filing or trying to file a workers' compensation claim, such as by firing the worker or creating a hostile work environment. NMSA 1978, § 52-1-50.1 (rehire); WCA Frequently Asked Questions and Worker Guidebook
| Retaliation for filing | It is illegal for an employer to retaliate against a worker for filing or trying to file a workers' compensation claim, such as by firing the worker or creating a hostile work environment. If a judge finds retaliation, the employer may be required to rehire the worker and may face other penalties. An employer may replace a worker who cannot perform the job because of the injury, but once the worker reaches maximum medical improvement and is released to work, the employer may be required to offer to rehire the worker if it is hiring, the worker asks, and a suitable job is available. |
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| Appealing a denial | If a workers' compensation judge decides a case, either party may appeal within 30 days of notice of the judge's final order. The appeal goes first to the New Mexico Court of Appeals, which reviews the record for legal error and whether the evidence supports the decision; it is not a new trial. From the WCA Worker Guidebook (2019 edition, based on the law and rules in effect in 2017); check the current statute for later changes. Source: WCA Worker Guidebook |
Where to get help in New Mexico
More New Mexico workers' compensation
- Filing a Workers' Comp Claim in New Mexico
- How Much Workers' Comp Pays in New Mexico
- Workers' Comp Settlements in New Mexico
- Suing Over a Work Injury in New Mexico
- Appealing a Denied Workers' Comp Claim in New Mexico
- All New Mexico workers' compensation rules
FAQ
Can you be fired for filing workers' comp in New Mexico?
It is illegal for an employer to retaliate against a worker for filing or trying to file a workers' compensation claim, such as by firing the worker or creating a hostile work environment. If a judge finds retaliation, the employer may be required to rehire the worker and may face other penalties. An employer may replace a worker who cannot perform the job because of the injury, but once the worker reaches maximum medical improvement and is released to work, the employer may be required to offer to rehire the worker if it is hiring, the worker asks, and a suitable job is available.
How do you appeal a denied workers' comp claim in New Mexico?
If a workers' compensation judge decides a case, either party may appeal within 30 days of notice of the judge's final order. The appeal goes first to the New Mexico Court of Appeals, which reviews the record for legal error and whether the evidence supports the decision; it is not a new trial.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.