Can My Employer Fire Me for Filing a Workers' Comp Claim?

This is one of the most common questions injured workers ask — and understandably so. Many workers hesitate to file a claim out of fear that it will cost them their job. The answer to the question is: No, your employer cannot legally fire you, demote you, or retaliate against you for filing a workers' compensation claim in New York. New York Workers' Compensation Law §120 makes retaliation illegal. But knowing your rights is the first step — knowing what to do when those rights are violated is equally important.

What the Law Says: WCL §120

New York Workers' Compensation Law §120 provides explicit statutory protection for workers who exercise their rights under the workers' comp system. The law prohibits any employer from discharging, threatening to discharge, or in any other manner discriminating against an employee because the employee has claimed or asserted a right to workers' compensation benefits.

Retaliation under WCL §120 can be pursued directly through a complaint to the Workers' Compensation Board. The Board has authority to investigate, hold hearings, and award remedies including reinstatement and back pay.

What Counts as Retaliation?

Retaliation does not have to mean an outright termination. The law covers a wide range of adverse employment actions, including:

• Termination — being fired or laid off shortly after filing or announcing intent to file a claim
• Demotion — being moved to a lower-paying position or reduced in rank
• Reduction in hours or pay — having your schedule cut or your pay reduced
• Harassment or hostile work environment — being subjected to increased scrutiny, written up for things others are not written up for, or made to feel unwelcome
• Reassignment to undesirable duties — being moved to a worse shift, location, or work assignment
• Threats — being told your job is at risk because of the claim
• Denial of promotion or raise — being passed over for advancement that you would otherwise have received

Retaliation Is Often Subtle

Employers who retaliate rarely say "I'm firing you because you filed a comp claim." Instead, they typically manufacture a pretext — a sudden performance issue, a policy violation, a restructuring. The timing is usually suspicious: an employee who has had no performance issues for years suddenly becomes a problem immediately after being injured or filing a claim.

Courts and the Workers' Compensation Board recognize pretextual retaliation and look at the overall picture, including:

• Temporal proximity — how close in time was the adverse action to the filing or injury?
• Prior performance history — was there any documented performance issue before the injury?
• Comparator treatment — are other employees without comp claims treated the same way?
• Statements by supervisors — did anyone say anything suggestive about the comp claim?

What to Do If You Suspect Retaliation

If you believe your employer is retaliating against you for filing a workers' comp claim, act quickly and document everything:

Document everything in writing

Keep a contemporaneous log of every adverse action, every hostile comment, and every suspicious event. Date everything. If possible, retain emails, text messages, and written communications from your employer. Documentation created at the time of events is far more credible than recollections made months later.

Do not resign

If your employer is making your work life miserable, the instinct may be to leave. Resist this urge. Resigning typically weakens — or eliminates — a retaliation claim. An employer who cannot get you to quit may escalate to formal adverse action, which is easier to prove than a forced resignation. If conditions become truly intolerable, consult an attorney before making any decisions about your employment.

File a WCL §120 complaint with the Board

You can file a written complaint with the Workers' Compensation Board asserting a violation of WCL §120. The Board has the authority to investigate, hold hearings, and order remedies. Your workers' comp attorney can file this complaint on your behalf as part of your overall representation.

Consider additional remedies

WCL §120 is not your only protection. Depending on the circumstances, you may also have claims under:

• New York Labor Law — providing additional anti-retaliation protections
• The Americans with Disabilities Act (ADA) — if your injury constitutes a disability under federal law
• New York State Human Rights Law — broader anti-discrimination protections

These potential claims may need to be pursued in different forums and have their own deadlines. An employment attorney (in addition to your workers' comp attorney) may be appropriate if the retaliation is severe.

Your Job Is Not Automatically Protected During a Comp Claim

Here is an important nuance: WCL §120 protects you from retaliation, but it does not guarantee your job indefinitely. An employer can still terminate an employee for legitimate, non-retaliatory reasons — poor performance, legitimate economic layoffs, or misconduct unrelated to the comp claim — even while a workers' comp case is open.

New York is also an at-will employment state, meaning employees can generally be terminated for any reason or no reason at all — unless that reason is illegal (like retaliation). The key issue is always: was the adverse action because of the comp claim, or for a genuinely independent reason?

This is why having an attorney who can evaluate the facts of your specific situation is so important. Know the deadlines that apply to your workers' comp claim so you do not let your right to file expire while navigating an employment dispute.

Key Takeaways

• New York WCL §120 prohibits firing, demotion, or any adverse action taken because you filed a workers' comp claim
• Retaliation is often subtle — watch for pretextual performance write-ups, hour cuts, or hostile treatment that begins after your injury
• Document every adverse action contemporaneously — dates, details, and witnesses
• Do not resign — resigning typically weakens a retaliation claim
• File a WCL §120 complaint with the Workers' Compensation Board if you believe you have been retaliated against
• Additional protections under state and federal employment law may also apply