Work, Pay & Leave Rights · Surprise rank #62
Fired or Punished for Filing Workers' Comp? NY Can Order Your Job Restored and Back Pay
New York Workers' Compensation Law §120 prohibits employers from discriminating against workers because they filed, planned to file or testified in a workers' compensation claim.
Who
Workers punished because they claimed or tried to claim workers' compensation benefits or participated in a workers' compensation case.
What to do
Start here: File Form DC-120 with the Workers' Compensation Board within two years of the discriminatory act and keep evidence tying the action to the workers' compensation claim.
Eligibility: The adverse action must be because of protected workers' compensation activity. A legitimate termination for an unrelated reason is not prohibited by §120.
What you get
The Workers' Compensation Board can decide a retaliation claim and order remedies when discrimination is proven.
Benefit: Possible restoration to the prior position or privilege and compensation for lost wages caused by the discrimination.
Possible value: Depends on lost wages and employment consequences.
Good to know
Important: The two-year filing deadline matters. This protection does not prevent an employer from taking legitimate action for reasons unrelated to workers' compensation.
Availability: Active legal protection
Why people miss it: Workers may assume job retaliation is a separate employment lawsuit and not realize the Workers' Compensation Board has a dedicated remedy.
Sources reviewed: Aug 10, 2026