Filing a workers' compensation claim in New York is a legal right. It isn't a favor the employer grants, and it isn't something an employee has to negotiate for. But some Long Island workers hesitate to file because they're worried about what their employer might do in response. That hesitation is understandable. It's also worth addressing directly, because New York law protects workers from retaliation, and understanding what that protection looks like in practice changes how workers think about exercising their rights.
What New York Law Says About Retaliation
New York Workers' Compensation Law § 120 makes it unlawful for an employer to discriminate against or penalize an employee because they filed a workers' compensation claim or testified in a workers' compensation proceeding. The statute specifically prohibits discharge, as well as any other form of discrimination related to the exercise of workers' compensation rights.
Discrimination under § 120 isn't limited to firing. The statute covers a range of adverse employment actions that are taken specifically because an employee pursued a workers' compensation claim. And when retaliation occurs, the employer faces separate legal liability beyond the underlying compensation claim.
What Retaliation Looks Like in Practice
Retaliation after a workers' compensation filing doesn't always look like a termination letter. It can be subtle, and it often builds over time. Long Island workers should recognize the following as potential indicators of unlawful retaliation:
- Termination shortly after a workers' compensation claim is filed or a hearing is scheduled
- Demotion or a reduction in hours, pay, or responsibilities following the claim
- Sudden and unfounded negative performance reviews that weren't occurring before the injury
- Being assigned undesirable tasks, shifts, or conditions after filing
- Exclusion from meetings, projects, or communications that the employee previously participated in
- Hostile or intimidating treatment from supervisors that began after the injury or the claim
Timing matters enormously. When adverse employment actions follow a workers' compensation filing closely in time, the pattern itself is evidence that the two events are connected.
What Workers Can Do When Retaliation Occurs
When retaliation is suspected, documentation is the first priority. Keep records of every adverse action with dates, the names of anyone involved, and any communications related to it. Save emails, texts, and any written notices. Note the timeline relative to when the workers' compensation claim was filed or the hearing was held.
New York workers who experience retaliation can file a discrimination complaint with the Workers' Compensation Board. The Board has authority to investigate the complaint and, if discrimination is found, to award the worker reinstatement, back wages, and other relief. The retaliation claim is a separate proceeding from the underlying workers' compensation case.
Why Workers Shouldn't Stay Silent
Many workers accept retaliation silently because they assume nothing can be done, or because they don't want to make the situation worse. Both concerns are understandable and both work against the worker's actual interests. An employer who retaliates and faces no consequences is more likely to continue. An employer who knows a worker has legal representation and understands their rights is less likely to escalate.
Polsky, Shouldice & Rosen, P.C. has been protecting the rights of injured Long Island workers since 1991. If you believe your employer has retaliated against you for filing a workers' compensation claim, reach out to a Long Island Workplace Injury Lawyer at our firm to discuss what happened and what legal options are available to you.
