Retaliation for Filing Workers' Comp in New York
Whether an employer in New York can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: An employer may not discriminate against a worker for filing or planning to file a workers' compensation claim, or for testifying or planning to testify in a claim. N.Y. Workers' Compensation Board, Discrimination
| Retaliation for filing | An employer may not discriminate against a worker for filing or planning to file a workers' compensation claim, or for testifying or planning to testify in a claim. An employer may still fill the job of a worker who cannot work for business reasons, or discipline or fire a worker for a separate legitimate reason. A worker who believes he or she was discriminated against can file a Discrimination Claim (Form DC-120) with the Board within two years. If the Board finds improper termination, it will order the worker restored to the position and paid for lost compensation. |
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| Appealing a denial | A party has 30 days from the filing of a Workers' Compensation Law Judge's decision (or a final administrative decision) to request administrative review by the Board; the other side then has 30 days to file a rebuttal, and a three-member Board panel issues a memorandum of decision. Within 30 days of that decision, a party may request full Board review. Panel decisions, denials of full Board review and full Board decisions may be appealed to the Appellate Division, Third Department. A final proposed conciliation decision cannot be appealed. The Board's employer-responsibilities page states the time to appeal to the Appellate Division is 30 days. |
Where to get help in New York
More New York workers' compensation
- Filing a Workers' Comp Claim in New York
- How Much Workers' Comp Pays in New York
- Workers' Comp Settlements in New York
- Suing Over a Work Injury in New York
- Appealing a Denied Workers' Comp Claim in New York
- All New York workers' compensation rules
FAQ
Can you be fired for filing workers' comp in New York?
An employer may not discriminate against a worker for filing or planning to file a workers' compensation claim, or for testifying or planning to testify in a claim. An employer may still fill the job of a worker who cannot work for business reasons, or discipline or fire a worker for a separate legitimate reason. A worker who believes he or she was discriminated against can file a Discrimination Claim (Form DC-120) with the Board within two years. If the Board finds improper termination, it will order the worker restored to the position and paid for lost compensation.
How do you appeal a denied workers' comp claim in New York?
A party has 30 days from the filing of a Workers' Compensation Law Judge's decision (or a final administrative decision) to request administrative review by the Board; the other side then has 30 days to file a rebuttal, and a three-member Board panel issues a memorandum of decision. Within 30 days of that decision, a party may request full Board review. Panel decisions, denials of full Board review and full Board decisions may be appealed to the Appellate Division, Third Department. A final proposed conciliation decision cannot be appealed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.