Worker’s Comp Retaliation


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New Mexico law also prohibits employers from retaliating against employees who make worker’s compensation claims. Specifically,  that a person may not discharge or in any other manner discriminate against an employee because the employee has:

The Legislature’s whole purpose was to protect people who are entitled to benefits under the workers’ compensation laws and to prevent employers from firing them for taking steps to collect benefits.

In order for a workers compensation retaliation case to be successful, the employee must prove that “but for” the filing of the workers’ compensation claim the discharge would not have occurred when it did. The employee need not prove that retaliation was the sole cause of his or her termination. Rather, they must show that, “but for” the filing of the claim, the discharge would not have occurred when it did. Several nonexclusive factors have been recognized as circumstantial evidence sufficient to establish a causal link between filing a compensation claim and subsequent termination of employment, including:

Should you feel you have been discriminated or terminated after filing a workers compensation claim, please Cervantes contact Scherr Legate at (575) 222-1870.