Quick Answer
How to file a §120 retaliation complaint with the NY Workers' Compensation Board, deadlines, and remedies.
Disclaimer: This page is for general information only and is not legal advice. Laws change and your facts matter—consult an employment attorney for advice.
Quick Summary
- New York Workers’ Compensation Law §120 prohibits an employer from firing, discriminating against, or otherwise retaliating against an employee because the employee filed a workers’ compensation claim, testified, or intended to claim benefits.
- You can file a retaliation complaint with the New York Workers’ Compensation Board (WCB).
- Deadline: Typically 2 years from the retaliatory act to file with the WCB.
What Conduct Is Prohibited
- Termination, demotion, pay cuts, schedule cuts, harassment, or other adverse actions because you:
- Filed or attempted to file a workers’ compensation claim
- Received benefits
- Testified or are about to testify in a compensation proceeding
How To File a Retaliation Complaint
- Gather facts and documents: injury report, claim number, dates of retaliation, witnesses, texts/emails, performance records.
- File a §120 retaliation/discrimination complaint with the WCB. Visit the WCB site for current forms and filing options.
- The Board may schedule a hearing on the retaliation claim.
- A Workers’ Compensation Law Judge will issue findings; appeals are available.
Remedies
- Reinstatement to your job (if appropriate)
- Back pay and lost benefits
- Possible penalties assessed against the employer
- Attorneys’ fees and costs in appropriate cases
Practical Tips
- File promptly—note the 2-year window.
- Keep all communications and write down a timeline of events.
- Continue cooperating in your underlying comp case while pursuing retaliation.
- Consider additional/parallel protections under New York Labor Law (e.g., §215 anti-retaliation) or whistleblower laws—ask an attorney.
References & Resources
- NY Workers’ Compensation Law §120 (retaliation): https://www.nysenate.gov/legislation/laws/WKC/120
- NY Workers’ Compensation Board (general): https://www.wcb.ny.gov
- NY Labor Law §215 (general anti-retaliation): https://www.nysenate.gov/legislation/laws/LAB/215
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What Conduct Is Prohibited?
How To File a Retaliation Complaint?
What is practical Tips?
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