All Laws Decoded

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 filingAn 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.
Appealing a denialA 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

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.