Fired or Punished for Filing Workers’ Comp?
Your employer cannot punish you for using workers’ comp
New York Workers’ Compensation Law §120 is a strict anti-retaliation law. It says your employer cannot fire you, cut your hours, demote you, cut your pay, or make your working conditions unbearable simply because you filed a workers’ comp claim — or even because you tried to file one. The protection kicks in the moment you report an injury or make a claim.
Retaliation does not always look obvious. Sometimes it is a termination letter delivered two weeks after you filed. Sometimes it is a sudden drop in your performance reviews, a shift to a less desirable schedule, or pressure to resign. Courts look at the timeline and the employer’s stated reasons carefully. If the real reason for the adverse action was your workers’ comp filing, §120 is violated.
When an employer violates §120, New York law allows you to recover double compensation — meaning the Workers’ Compensation Board can award twice the amount of lost wages caused by the retaliation. You may also be able to bring a separate civil lawsuit for additional damages. We evaluate both tracks at no cost to you. Undocumented workers have the same §120 protections as any other employee.
What you need to know
Plain-English answers to the questions that come up most often on these cases.
What §120 Covers
Any adverse employment action — firing, demotion, reduced hours, pay cuts, hostile treatment — taken because you filed or attempted to file a workers’ comp claim is illegal under NY WC Law §120.
Read moreTimeline Evidence
Courts look at how quickly the adverse action followed your filing. A termination within days or weeks of a claim is strong circumstantial evidence of retaliation. Document every interaction with your supervisor from the moment you report your injury.
Read moreCan I Be Fired While on Workers’ Comp?
Being on workers’ comp does not make you immune from all termination — but a firing that is motivated by your claim is illegal. We break down the difference between lawful and unlawful terminations during an open WC case.
Read moreDouble Compensation Remedy
Under §120, the Workers’ Compensation Board can award you twice the lost wages caused by the retaliation. This is separate from any civil claims for emotional distress or punitive damages you may have in court.
Read moreConstructive Discharge
If your employer made conditions so bad that you felt you had no choice but to quit, that can count as a §120 violation. You do not have to wait to be formally fired to bring a retaliation claim.
Read moreFree Case Review
We have handled §120 retaliation cases for over 30 years. Tell us what happened — a New York attorney will call back within hours. No fee unless we win.
Read moreHow we handle these cases
Gather the timeline
We collect every document that ties your employer’s action to your workers’ comp filing — termination letters, performance reviews, pay stubs, text messages, and witness statements. The closer in time the action follows the filing, the stronger your case.
File the §120 complaint with the WCB
We file a retaliation claim directly with the Workers’ Compensation Board. The Board has authority to order reinstatement and award double lost wages without needing a separate lawsuit.
Evaluate parallel civil claims
Depending on the facts, we assess whether a separate civil case for additional damages — including emotional distress — makes sense alongside the WCB proceeding. We coordinate both tracks so nothing slips through.
Prepare for the WCB hearing
We represent you at every WCB hearing, cross-examine your employer’s witnesses, and submit medical and documentary evidence to counter any pretextual justification the employer offers.
Pursue full recovery
Our goal is back pay, reinstatement or front pay, the double-compensation penalty, and any additional civil damages available. We never take a settlement that undervalues what the law allows.
Real cases. Real results.
Three recent Workers’ Rights outcomes — case context and result. No client identifying information.
Warehouse worker fired nine days after filing a WC claim for a back injury. WCB found clear §120 violation. Board ordered full back wages doubled plus reinstatement to the same position at the same pay rate.
Restaurant worker scheduled for only two hours per week after filing a slip-and-fall WC claim — effectively pushed out. We established constructive discharge under §120 and negotiated a confidential lump-sum settlement covering all lost earnings.
Office employee demoted and stripped of management duties after filing a repetitive-stress WC claim. We pursued both the §120 WCB remedy and a civil discrimination claim. Client received back pay doubled through the WCB plus additional civil damages.
Prior results do not guarantee a similar outcome. Each case is evaluated on its own facts. The case outcomes shown are representative examples; details have been altered or generalized to protect client confidentiality.
Related questions
Quick answers from our FAQ library.
Other ways we help
Same firm, same approach — different practice areas under one roof.
Workers’ Compensation
Injured at work. Lost wages. Denied benefits.
Learn more →Social Security Disability
Can’t work due to a disability. SSDI & SSI claims, denials, appeals.
Learn more →Long-Term Disability
Private LTD insurance denied or cut off. ERISA appeals.
Learn more →Personal Injury
Car accident. Construction site. Scaffold Law.
Learn more →Workers’ Rights lawyers near you
Seven New York offices serving working clients across the state.
The attorneys who work your case
Not a call centre. The lawyer who signs you is the lawyer who shows up.
Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C.
Call 866-205-2415 Schedule with Brian- Admitted in New York
- 30+ years in practice
- Attends Board hearings personally
Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.
- Admitted in New York and New Jersey
- Pace University School of Law, J.D.
- Litigates before the Workers' Compensation Board
Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.
- Admitted in New York, 2008
- New York Law School, J.D. 2007
- With The Disability Guys since 2013
Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.
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