In New York it is illegal for your employer to fire, demote, or otherwise punish you simply because you filed a workers’ compensation claim or got hurt on the job. This protection comes from Workers’ Compensation Law §120. If your employer retaliated against you, you can file a complaint with the Workers’ Compensation Board and may be entitled to your job back plus lost wages.
What Section 120 actually protects
Section 120 is the part of New York’s workers’ comp law that bars employers from taking action against an employee for using the comp system. You are protected when you:
- File or plan to file a workers’ comp claim.
- Testify or are about to testify in a workers’ comp proceeding.
- Otherwise assert your rights under the workers’ compensation law.
The key idea is cause and effect: the law targets situations where your protected activity was a reason your employer punished you. An employer cannot legally use your claim as the trigger for firing, demoting, or harassing you.
It is worth being clear about one limit. Section 120 protects you from retaliation. It does not, by itself, guarantee that your job is held open while you recover. An employer may still have other lawful business reasons for an employment decision. The line the law draws is at punishment because you exercised your comp rights.
What retaliation can look like
Retaliation is not always as obvious as being handed a pink slip the day after you file. It can include:
- Firing or laying you off soon after you report an injury or file a claim.
- Demoting you or cutting your hours, pay, or shifts.
- Reassigning you to worse or harsher duties as punishment.
- Threats or harassment meant to pressure you into dropping a claim.
- Refusing to bring you back after you recover, when the timing and reasons point to your claim.
Timing matters a lot. When a negative action follows closely after you file a claim or report an injury, that closeness can be evidence the two are connected. It is not automatic proof, but it is often where these cases start.
What you must show
To succeed on a §120 complaint, the basic building blocks are usually:
- You engaged in protected activity (you filed, tried to file, or testified in a comp matter).
- Your employer knew about that activity.
- Your employer took an adverse action against you (fired, demoted, cut pay, harassed).
- There is a connection between the protected activity and the action.
Your employer may respond that it had a separate, legitimate reason for the decision. That is why documentation is so important: keep records that show you were doing your job well and that the trouble began after your claim.
The four building blocks and what proves them
A §120 complaint generally rests on four elements. This table pairs each with the kind of evidence that supports it.
| Element you show | What it means | Evidence that helps |
|---|---|---|
| Protected activity | You filed, tried to file, or testified in a comp matter | Your claim filing, hearing notices, testimony records |
| Employer knowledge | The employer knew about that activity | Emails, the injury report, HR correspondence |
| Adverse action | You were fired, demoted, cut, or harassed | Pay stubs, schedules, termination notice |
| A connection | The action followed because of your claim | A clear timeline tying the action to the claim |
How to file a Section 120 complaint
You bring a retaliation complaint to the New York Workers’ Compensation Board, not a separate court. The general path:
1. Act promptly
There is a filing window for §120 complaints, so do not sit on it. Filing soon also keeps the timeline fresh and easier to prove.
2. Put it in writing to the Board
Submit a written discrimination complaint to the Board explaining what happened, the dates, and how it connects to your claim. You can find the current forms and instructions at the Workers’ Compensation Board, wcb.ny.gov.
3. Gather your proof
Collect pay stubs, schedules, performance reviews, emails, texts, and the names of anyone who saw what happened. A clear timeline is powerful.
4. Expect a hearing
The Board can hold a hearing before a Workers’ Compensation Law Judge to weigh the evidence from both sides.
What you can recover
If the Board finds your employer violated §120, possible remedies can include:
- Restoration of your job (reinstatement) to your former position.
- Back pay for wages you lost because of the retaliation.
- Penalties the law allows against the employer for the violation.
Exact outcomes vary by case, and no result is guaranteed; the Board decides based on the evidence. Still, the law is designed to make you whole and to discourage employers from punishing workers who use the system.
Common misunderstandings
Retaliation rules are widely misunderstood, which leads some workers to stay silent when the law is actually on their side. Here is myth versus fact.
- Myth: “Being on comp means I can’t be fired for any reason.” Fact: Being on comp does not make you immune from every job action. What §120 forbids is firing or punishing you because of your claim, where the timing and circumstances point to the claim as the reason.
- Myth: “I’m at-will, so my employer can let me go for anything.” Fact: Most New York workers are at-will, but “at-will” does not allow an employer to fire you for an illegal reason, and retaliating for a workers’ comp claim is one of those illegal reasons under §120.
- Myth: “My retaliation case and my injury claim are the same thing.” Fact: They are separate. Your injury claim is about medical care and wage benefits; a §120 complaint is a separate retaliation matter, though both go through the Workers’ Compensation Board. You can pursue both at once.
- Myth: “Section 120 guarantees my job is held while I recover.” Fact: It protects you from retaliation, but it does not by itself hold your job open. An employer may still have other lawful business reasons for a decision.
- Myth: “Bad timing alone wins the case.” Fact: Close timing between your claim and a negative action is strong evidence, but it is not automatic proof; you generally must show protected activity, employer knowledge, an adverse action, and a connection between them.
- Myth: “There’s no rush to file.” Fact: There is a filing window for §120 complaints, so act promptly while the timeline is fresh and easier to prove.
Related on NY Claim Clarity
- Your Rights After a Work Injury in New York
- What Happens at a New York Workers’ Comp Hearing?
- More on your rights: Know Your Rights
If you were punished after getting hurt or filing a claim, write down the timeline now while it is fresh and save every message and pay record, because retaliation cases turn on evidence and timing. This article is general information, not legal advice; for help with your own situation, consult a New York attorney and see the Workers’ Compensation Board at wcb.ny.gov. You can request a free, confidential claim review with a New York attorney to find out whether what happened may qualify as unlawful retaliation under Section 120.