New York Workers' Comp Retaliation: WCL § 120 & Your Rights (2026)

New York law strictly prohibits employers from retaliating against employees who file workers' compensation claims. Understanding Workers' Compensation Law § 120 and your enforcement options protects your job and provides remedies if retaliation occurs.

Workers' Compensation Law § 120

The law: "No employer shall discharge, or in any manner discriminate against, an employee as to his or her employment because such employee has claimed or attempted to claim compensation benefits..."

Protected activities:

• Filing workers' comp claim
• Attempting to file claim
• Testifying in WCB proceeding
• Exercising any right under workers' comp law

Civil violation: Punishable by fine up to $500

Also illegal under: New York Labor Law § 215

Prohibited Employer Actions

Cannot:

• Fire you
• Demote you
• Reduce pay or hours
• Transfer to worse position
• Deny promotion
• Harass or create hostile environment
• Threaten termination
• Any adverse action because of workers' comp activity

Establishing Retaliation

Must prove:

1. Engaged in protected activity (filed claim)
2. Suffered adverse employment action
3. Causal connection

Burden of proof: Preponderance of evidence

Timing: Action shortly after filing suggests retaliation

Enforcement Options

Criminal Complaint

File with: District Attorney

Penalty: Misdemeanor, fine up to $500

Rare prosecution: DAs rarely pursue

Not effective: For getting job back or damages

Civil Lawsuit

Where to sue: State Supreme Court

Claims:

• Violation of WCL § 120
• Violation of Labor Law § 215
• Wrongful discharge in violation of public policy
• Disability discrimination (if applicable)

Deadline: 3 years for wrongful discharge

Jury trial: Right to jury

Attorney required: Complex litigation

Remedies Available

Reinstatement: Get job back

Back pay: Lost wages

Front pay: Future lost wages

Emotional distress: Pain and suffering

Punitive damages: If conduct egregious

Attorney fees: May recover legal costs

Liquidated damages: Under Labor Law § 215

FAQs

Q: Can I be fired for filing a workers' comp claim in New York? A: No, Workers' Compensation Law § 120 prohibits it.

Q: How do I prove retaliation? A: Show you filed claim, were fired, and timing/evidence suggests connection.

Q: Can I sue my employer? A: Yes, in state Supreme Court for wrongful discharge and damages.

Q: How long do I have to file? A: 3 years for wrongful discharge claim.

Q: What damages can I get? A: Back pay, emotional distress, punitive damages, attorney fees, reinstatement.

Q: Do I need a lawyer? A: Highly recommended for retaliation lawsuits.

Related Topics

• Filing a New York Workers' Comp Claim
• Returning to Work in New York
• New York Workers' Compensation Overview
• Workers' Comp Retaliation (Federal)

Legal Disclaimer

This guide provides general information about workers' compensation retaliation in New York. Retaliation claims are complex. Consult a qualified New York employment attorney immediately if you believe you've been retaliated against.

Last updated: January 5, 2026