Many injured workers in New York City never file for benefits because they fear losing their jobs. They worry that reporting a back injury from a warehouse shift in Hunts Point or a fall at a Midtown construction site will get them fired.

That fear keeps countless workers from seeking the medical care and wage replacement they have earned. It also lets dangerous workplace conditions persist.

Here is what some employers do not want you to know: getting fired for filing a workers' compensation claim in New York City is illegal. New York law specifically prohibits retaliation against workers who file claims or testify in workers' comp proceedings.

At the Rothenberg Law Firm, our New York workers' compensation lawyers help employees fight back when employers punish them for exercising their legal rights. Contact us for a free consultation and discover how you have the power to fight back.

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Your Rights Against Employer Retaliation in New York

New York Workers' Compensation Law § 120 makes it illegal for employers to fire, demote, or punish workers for filing workers’ comp claims.
Retaliation includes termination, reduced hours, demotion, pay cuts, and hostile treatment.
You have two years from the date of retaliation to file a complaint with the Workers' Compensation Board.
If your employer retaliates, you may be entitled to reinstatement, back pay, and attorney fees.
Documenting everything from the start protects you if retaliation occurs later.

Is It Illegal to Fire Someone for Filing a Workers' Comp Claim in New York?

The short answer: Yes. New York Workers' Compensation Law § 120 explicitly prohibits employers from firing, discriminating against, or retaliating against employees who file workers' compensation claims.

The law protects workers who file claims, attempt to file claims, request claim forms, or testify in workers' compensation proceedings. Your employer cannot legally punish you for any of these actions.

This protection exists because the workers' compensation system only works if employees feel safe using it. It applies to all workers covered by New York's workers' compensation system, from restaurant workers in Jackson Heights to office employees in the Financial District to healthcare workers at hospitals in the Bronx.

The law makes no exceptions based on industry, job title, or company size.

What Actions Count as Workers' Compensation Retaliation By an Employer in New York?

Any negative employment action taken because you filed a claim or participated in workers' comp proceedings may violate the law. Employers sometimes use subtle tactics, hoping workers will not recognize the connection to their claim. Here are some common forms of retaliation NYC workers face:

Termination or Layoff

Firing an employee shortly after they file a workers' comp claim is the most obvious form of retaliation. Even if your employer calls it a "layoff" or claims your position was eliminated, the timing may reveal the true motive. Suspicious timing does not automatically prove retaliation, but it raises serious questions.

Demotion or Reassignment

Moving you to a less desirable position, stripping you of responsibilities, or reassigning you to a distant location can constitute retaliation. Examples include transferring a Brooklyn employee to a Staten Island site without business justification, or moving a supervisor to an entry-level role after they file a claim.

Reduced Hours or Pay

Cutting your hours, reducing your pay rate, or eliminating overtime opportunities after you file a claim may be retaliatory. Employers sometimes use these tactics, hoping workers will quit on their own. This approach allows them to avoid the appearance of firing you while still punishing you for exercising your rights.

Hostile Treatment or Harassment

Creating a hostile work environment through verbal abuse, excessive scrutiny, isolation from coworkers, or unfair discipline can pressure you to abandon your claim or resign. Some employers use these tactics because they believe they can avoid liability if you quit rather than being fired. This conduct violates both the intent and the explicit protections of § 120.

If you experience any of these actions after filing a workers' comp claim, you may have grounds for a retaliation complaint.

How Can You Tell If Your Employer Is Retaliating?

Not every negative employment action after a workers' comp claim is retaliation. Employers can still discipline or terminate employees for legitimate reasons unrelated to the claim. The key question is whether your claim motivated your employer's actions.

Proving retaliation requires showing a connection between your protected activity—filing the claim—and the adverse action your employer took. Direct evidence, like threatening statements, is rare. Most cases rely on circumstantial evidence that reveals the employer's true motive.

Signs that suggest retaliation include:

The negative action happened shortly after you filed your claim or returned from medical leave.
Your employer's stated reason does not match your actual job performance or history.
Other employees who did not file claims were treated differently in similar situations.
Your supervisor or manager made comments about your claim or medical treatment.
Your employer began documenting minor issues that were previously ignored.

Timing alone does not prove retaliation, but it raises questions. A NYC workers’ comp retaliation lawyer can help you evaluate whether your employer's actions cross the line from legitimate business decisions to unlawful punishment.

Can an employer discriminate against you for filing a workers’ comp claim in New York?

No, not lawfully. New York law prohibits employers from discriminating or retaliating against workers who file a workers’ compensation claim.

If your employer retaliates against you for filing a workers' comp claim, you can file a discrimination complaint with the New York Workers' Compensation Board using Form DC-120. A workers' compensation lawyer can handle this filing for you and guide you through the entire process.

The process works as follows:

Your lawyer completes Form DC-120 with details about the retaliation, including dates, witnesses, and supporting documentation.
The form is filed with the Workers' Compensation Board's Disability and Discrimination Unit in Endicott, NY.
The Board schedules a hearing before a Workers' Compensation Law Judge.
Your lawyer presents evidence on your behalf and cross-examines the employer's witnesses.

While you have the right to represent yourself, retaliation cases often involve competing narratives and complex legal arguments. Experienced legal representation can make a significant difference in the outcome and in ensuring your rights are fully protected throughout the process.

What Is the Deadline to File a Retaliation Complaint?

You must file your retaliation complaint within two years of when the discrimination occurred. This is a firm deadline. Missing it can bar your claim entirely, regardless of how strong your evidence may be.

The two-year clock starts from the date of the retaliatory action, not from when you filed your workers' comp claim. If your employer fired you on a specific date, that date begins the countdown. For ongoing retaliation like harassment or hostile treatment, the deadline may run from the most recent incident.

This deadline is separate from the statute of limitations for your underlying workers' compensation claim. Even if your workers' comp case is still pending or has already been resolved, you have two years from the retaliation to file your § 120 complaint.

Contact a personal injury lawyer as soon as you suspect retaliation. Building a strong case takes time, and waiting too long can make it harder to gather evidence and locate witnesses who remember the relevant events.

What Remedies Are Available If Your Employer Retaliated?

If the Workers' Compensation Board finds that your employer violated § 120, it can order several forms of relief to compensate you. The goal is to put you back in the position you would have been in if the retaliation had never occurred.

Reinstatement to Your Job

The Board can order your employer to restore you to your former position or an equivalent role with the same pay, benefits, and seniority you would have had without the retaliation. If reinstatement is not practical—for example, if the working relationship has become too damaged—the Board may consider other remedies.

Back Pay and Lost Compensation

You may recover wages and benefits you lost because of the retaliation. This includes salary, bonuses, health insurance, retirement contributions, and other compensation from the date of termination through reinstatement. The calculation accounts for raises or promotions you would have received during that time.

Attorney Fees

The Board can award reasonable attorney fees and costs to workers who prove retaliation. Your employer, not the insurance carrier, pays these fees directly. This rule gives employers a financial incentive to follow the law and discourages them from litigating frivolous defenses, which can also arise in a personal injury lawsuit.

Civil Penalties Against the Employer

Employers who violate § 120 face penalties ranging from $100 to $500 per violation. While this amount may seem modest, it represents a direct cost that cannot be passed to insurance. The employer alone bears responsibility for these penalties.

These remedies aim to put you back in the position you would have been in if the retaliation had never occurred.

How Can You Protect Yourself From Retaliation?

Open Workers Compensation and Disability Benefits law book.

You cannot control your employer's actions, but you can take steps to strengthen your position if retaliation occurs. The best time to prepare is before problems arise—ideally as soon as you report your injury.

Protect yourself by:

Reporting your injury in writing and keeping a copy for your records
Saving all communications with your employer about your injury, claim, and job status
Documenting your job performance, including positive reviews, commendations, and completed projects
Noting any changes in treatment after you file your claim, including dates, witnesses, and specific incidents
Consulting a lawyer early so you have guidance before problems escalate

Documentation creates a paper trail that can prove your case if your employer later claims the termination was unrelated to your workers' comp claim.

FAQs About Workers' Compensation Retaliation in New York City

Can NYC workers face wrongful termination for filing a workers’ compensation claim in NYC?

New York law prohibits employers from firing or retaliating against employees for filing a workers’ compensation claim. If wrongful termination occurs, a lawyer can investigate the employer’s actions, gather evidence of retaliation, and pursue legal remedies or additional compensation.

Can my employer fire me while I am still receiving workers' comp benefits?

Your employer can terminate your employment for legitimate business reasons unrelated to your claim. However, they cannot fire you because you filed a claim or are receiving benefits. If the timing or circumstances suggest your claim motivated the termination, you may have a retaliation case.

What if my employer says I was fired for poor performance?

Employers often cite performance issues to justify terminations that are actually retaliatory. If your performance reviews were positive before you filed your claim, or if the employer never documented performance problems until after you filed, these facts may undermine their stated reason.

Does § 120 protect undocumented workers?

Yes. New York's workers' compensation protections apply regardless of immigration status. The law also specifically prohibits employers from threatening to contact immigration authorities as a form of retaliation. All workers in New York have the right to file claims and be free from punishment for doing so.

Can I file a retaliation complaint if I quit because of hostile treatment?

Possibly. If your employer made working conditions so intolerable that a reasonable person would feel forced to resign, this may qualify as constructive discharge. Constructive discharge can support a retaliation claim, though these cases require strong evidence of the hostile conditions.

Why do some employers retaliate for claiming workers’ compensation?

Some employers retaliate because they believe a workers’ compensation claim will increase insurance costs, disrupt operations, or expose safety problems in the workplace. A claim may lead to higher premiums, additional reporting requirements, or closer scrutiny from regulators.

What if my employer is a small business—does the law still apply?

Yes. Section 120 applies to all employers covered by New York's workers' compensation system, regardless of size. Whether you work for a small family-owned restaurant in Bay Ridge, a retail shop in Flushing, or a large corporation headquartered in Midtown Manhattan, you have the same protections against retaliation.

Facing Retaliation for Filing a Workers' Comp Claim? The Rothenberg Law Firm Can Help

No worker should have to choose between getting medical care and keeping their job. If your employer fired, demoted, or punished you for filing a workers' compensation claim, the Rothenberg Law Firm is ready to fight for you. We offer free consultations and have protected New York workers for over 50 years. Contact us today to learn how our workers’ compensation lawyers in NYC can help you protect your rights and your future.