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You got hurt at work. You filed a claim. And now, suddenly, your job is gone. Your hours have been cut, your position has been eliminated, or you have been let go with a vague explanation. It feels wrong, and you are probably asking yourself whether your employer can really do this.
The short answer is no. New Mexico law prohibits employers from retaliating against workers for filing workers’ compensation claims. If you were fired after a workplace injury, you may have a strong wrongful termination case.
Wrongful Termination After a Workplace Injury in New Mexico:
New Mexico is an at-will employment state, meaning employers can generally fire employees for any reason or no reason at all. But at-will employment is not absolute. There are important exceptions, and one of the most clearly established involves workers’ compensation retaliation.
The New Mexico Workers’ Compensation Act explicitly prohibits employers from discharging or discriminating against an employee for filing a workers’ compensation claim, giving testimony in a workers’ comp proceeding, or exercising any other right under the Act. Violating this prohibition exposes employers to serious legal consequences.
Courts in New Mexico recognize retaliation claims when the timing between the injury, the claim, and the termination is suspicious. A worker who is fired days or weeks after filing a claim has a strong foundation for arguing that the termination was retaliatory. The employer then has the burden to show there was a legitimate, non-retaliatory reason for the firing.
If you believe your termination was connected to a workplace injury claim, speaking with a workers’ compensation attorney in Albuquerque should be your first call.
Recognizing Employer Retaliation After a Workers’ Comp Claim in Albuquerque
Retaliation does not always come in the form of a pink slip. Employers sometimes take more subtle steps to push workers out or punish them for exercising their rights. Recognizing these patterns is essential to protecting yourself.
Watch for sudden changes in your performance reviews that began after your injury. Be alert to demotions, reductions in hours, being reassigned to a less desirable role, or being denied promotions you were previously on track for. Hostility from supervisors or a sudden pattern of write-ups that did not exist before your injury claim are also warning signs.
Employers sometimes create paper trails after the fact to justify a termination. This is why documenting your own work history, communications, and the timeline of events is so critical. Keep copies of emails, text messages, and any documentation related to your injury, your claim, and any changes in how you have been treated at work.
The Amador Law Firm legal team understands how these patterns develop and how to build a case that connects the dots.
Fired After a Workers’ Comp Claim in New Mexico: What You Can Recover
Winning a wrongful termination retaliation claim in New Mexico can result in significant compensation. Damages can include back pay for wages lost from the time of the termination, front pay if reinstatement is not practical, compensation for emotional distress, and attorney fees.
In some cases, courts may order reinstatement to your former position. New Mexico courts have shown a willingness to hold employers accountable when the evidence of retaliation is strong.
The strength of your case depends heavily on the evidence and the timeline. Acting quickly is important. Evidence disappears, memories fade, and there are strict deadlines for filing legal claims.
What If Your Employer Claims There Was a Legitimate Reason for the Firing?
This is where most retaliation cases get contested. Employers rarely admit that a termination was connected to a workers’ comp claim. They cite performance issues, policy violations, layoffs, or restructuring. Your attorney’s job is to challenge those explanations and demonstrate that the stated reason was pretextual.
Evidence of pretext can include situations where other employees with similar performance records were not fired, where the alleged policy violation was overlooked before the injury claim, or where the timing of the termination is simply too convenient to be a coincidence.
Attorney Rafael Amador spent years as a prosecutor before moving to plaintiff and defense work. That background means he knows how to analyze evidence from multiple angles and present the strongest possible argument for clients.
Can You Pursue Both a Workers’ Comp Claim and a Retaliation Claim?
Yes. These are separate legal claims, and pursuing one does not prevent you from pursuing the other. In fact, the two often go hand in hand. The underlying workers’ comp claim establishes the injury and the filing. The retaliation claim addresses what happened after.
Many workers are unaware that they can hold their employer accountable on both fronts. This is important because the workers’ comp claim alone, while it covers medical bills and lost wages, does not compensate you for the wrongful firing itself. The retaliation claim fills that gap.
A workplace injury can also sometimes give rise to a separate personal injury claim if a third party was responsible for the conditions that caused your injury, separate from your employer. An attorney can review all potential claims and make sure nothing is left on the table.
Do Not Let Your Employer Get Away With It
Being injured at work and then losing your job is a devastating combination. But New Mexico law gives you real recourse. Employers who retaliate against injured workers can be held financially accountable, and you have the right to fight back.
Time is a factor in these cases. Every day that passes makes it harder to gather the evidence needed to prove retaliation. Amador Law Firm handles workers’ comp and employment retaliation cases throughout Albuquerque and New Mexico. The firm offers free consultations and charges no fee until recovery. Reach out today to protect your rights.
Frequently Asked Questions
Is it illegal for an employer to fire you after a workers’ comp claim in New Mexico?
Yes. The New Mexico Workers’ Compensation Act prohibits retaliation against employees for filing claims or exercising their rights under the law. Firing a worker in retaliation for a claim is illegal and can result in significant damages.
How do I prove my termination was retaliation for a workers’ comp claim?
Key factors include the timing between your claim and the firing, whether other employees with similar records were treated differently, and whether the employer’s stated reason for firing you holds up under scrutiny. An attorney can help investigate and build this case.
Can I be fired while on workers’ comp in New Mexico?
You can be terminated while receiving benefits in some circumstances, but it cannot be because you filed a claim. If the timing is suspicious or the reason given does not hold up, retaliation may be the real cause.
What is the deadline to file a retaliation claim in New Mexico?
Deadlines vary depending on the specific type of claim. In general, you should speak with an attorney as soon as possible after the termination to ensure no filing deadlines are missed.
What if my employer says they are laying everyone off?
A company-wide layoff is a legitimate reason for termination, but it can also be used as cover for retaliation. If you were singled out, if the layoff happened suspiciously close to your injury claim, or if other employees were retained in comparable roles, retaliation may still be provable.
Can I sue my employer for both wrongful termination and workers’ comp benefits?
Yes. These are separate claims. You can pursue workers’ comp benefits for the injury itself and a separate retaliation claim for the wrongful termination. An attorney can help you pursue all available remedies simultaneously.