What should I do if my employer retaliates against me for filing workers’ comp?

Retaliation after filing a workers’ comp claim is illegal in New York under NY Workers’ Compensation Law §120. Illegal retaliation includes firing, demotion, reduction in hours, hostile work environment, unwarranted discipline, or any adverse employment action taken because you filed a claim or exercised rights under the workers’ comp system.

If you believe retaliation is happening, take these steps immediately:

Step 1: Document everything. Write down every incident — the date, time, location, what was said or done, who was present, and how it differed from how you were treated before the claim. Save any emails, texts, or written notices. Documentation is your evidence base.

Step 2: File a complaint with the WCB. You can report employer retaliation directly to the WCB. The Board has authority under §120 to investigate and impose civil penalties up to $1,000 per violation on the employer. The WCB can also order additional compensation paid to you.

Step 3: Consult an attorney. Retaliation claims can proceed through the WCB and potentially through separate civil litigation under the New York Labor Law, the New York State Human Rights Law, or — if the injury qualifies as a disability — under the Americans with Disabilities Act. These are different legal tracks with different remedies.

Timing is critical. Retaliation claims have deadlines, and evidence that exists today — witnesses who remember the events, contemporaneous emails — may not be available in six months. The sooner you act, the stronger your position.

Nuestro equipo también habla español. If you or a family member is facing workplace retaliation and needs help in Spanish, call us. Free consultation. No fee unless we win.