Can I be fired for filing a workers’ compensation claim in New York?

New York law gives injured workers strong protection against job retaliation. Under NY Workers’ Compensation Law §120, your employer cannot fire you, demote you, cut your hours, or otherwise punish you simply because you filed a workers’ comp claim or testified at a WCB hearing.

This protection applies the moment you report your injury — not just after a formal claim is filed. If your employer begins treating you differently right after you report a workplace accident, document everything: dates, what was said, who was present, and any changes to your schedule or duties.

When a violation is proven, the WCB can impose civil penalties up to $1,000 on the employer. The Board can also order additional compensation paid directly to you as the injured worker. In serious cases, the retaliation may also support a separate wrongful termination lawsuit under New York Labor Law.

Keep in mind: an employer still has the right to fire you for unrelated legitimate reasons. The law does not make you untouchable. The key question is whether the firing was because of the workers’ comp claim. Timing matters — if the termination happened days or weeks after you filed, that raises a strong inference of retaliation.

New York also has the New York State Human Rights Law and, in some cases, the Americans with Disabilities Act may apply if your injury qualifies as a disability. Multiple legal theories can run simultaneously.

If you believe you were fired in retaliation, act quickly. Evidence disappears and deadlines are real. Free consultation — no fee unless we win.