SB 1522 Summary

• Prohibits employers from terminating injured employees solely because they instituted or maintained a good faith action to recover workers' compensation benefits, with employee bearing burden of proof by preponderance of evidence.

• Allows employers to terminate employees after one (1) year from the date of injury if the employee cannot return to work, removing previous restrictions on termination during temporary total disability periods.

• Limits damage awards for violations to lost wages capped at one (1) year of the employee's wages at time of injury, offset by collateral income sources (unemployment, disability, workers' compensation payments).

• Prohibits recovery of punitive, compensatory, or emotional damages and requires employees to mitigate damages in good faith.

• Entitles prevailing party to reasonable costs and attorney fees; effective date November 1, 2012.