I’m breaking it all down—what the law says, what you can expect, and how to protect yourself. Whether you’re dealing with a work injury now or just want to know your rights, I'm going to help you navigate the ins and outs of workers’ comp in New York. Let’s get into it!
I get this question all the time: "Can my boss fire me for filing a workers’ comp claim?"
Short answer: New York is an at-will employment state, so unless you have a contract, your employer can fire you for almost any reason—or no reason at all. But there’s one big exception: firing you because you filed a workers' comp claim is illegal.
If that happens, you can file a Workers’ Compensation Discrimination action with the Workers’ Comp Board. But here’s the catch—proving it can be tough. Employers might say they fired you for other reasons, like performance issues. That’s why keeping records and getting legal advice early on is so important.
A lot of people worry about getting fired or punished for filing a workers’ comp claim. While it can happen, it’s not as common as you might think—most employers know that obvious retaliation can land them in legal trouble.
New York law strictly bans employers from firing or discriminating against workers for filing a claim or helping with someone else’s. That said, some employers try to be sneaky about it, blaming the termination on “poor performance” or other excuses.
Retaliation is possible but not as common as you might fear. If you think it’s happening, start gathering evidence and talk to a lawyer to protect your rights.
Worried about getting in trouble for helping a co-worker with their workers’ comp claim? Don’t be—the law protects you from retaliation for testifying or providing information.
If you witness an accident and speak up, your boss can’t legally fire or punish you for it. If they do, you can file a workers' comp discrimination action with the Workers' Comp Board.
That said, proving retaliation isn’t always easy—employers might claim they fired you for other reasons. Keep records of anything suspicious, like emails or conversations, to help back up your case if needed.
A lot of people think their boss has to hold their job while they’re out on workers’ comp, but that’s not always true. In New York, employers aren’t legally required to keep your position open while you recover.
Businesses need to keep running, so if you’re out for a while, they might have to hire someone else—just like replacing a missing link in an assembly line. That said, some employers do hold jobs for injured workers out of goodwill and to keep morale up, but it’s not a guarantee.
If your job gets filled, workers’ comp still provides financial support while you recover, even if you don’t have a position to go back to.
A lot of people worry that losing their job while on workers’ comp means losing their benefits too—but that’s not usually the case. If you’re hurt at work and qualify for workers’ comp, your benefits continue, no matter what happens with your job.
For example, even if you get injured on your first day and can never return, you’re still entitled to benefits for as long as needed. Getting fired doesn’t automatically cut off your workers’ comp.
That said, there are exceptions. If you go back to work with a partial disability and later get fired for another reason, things can get tricky. But your case stays open, and you still have rights to your benefits. If this happens, talk to a lawyer to make sure you’re getting what you’re owed.
If you think you got fired for filing a workers’ comp claim or helping with someone else’s, you can take action by filing a workers' comp discrimination claim with the New York Workers' Compensation Board. They’ll guide you through the process.
To build a strong case, keep receipts—emails, memos, or anything that hints at retaliation. For example, if your boss emails, “We can’t believe you filed that claim. You’re fired,” that’s solid proof. The more documentation, the better.
If you think the firing was also about discrimination (like gender, age, or religion), you can file a claim with state or local agencies. Standing up for your rights isn’t just about compensation—it’s about holding employers accountable.
If you think you were fired for discriminatory reasons—like gender, age, sexual orientation, or religion—you have options beyond workers' comp claims. You can file a separate discrimination claim with state or local agencies, like NYC’s Department of Human Resources.
These claims can tackle bigger workplace fairness issues and may offer more remedies than workers' comp alone. If you suspect discrimination, don’t ignore it—these protections exist for a reason. Talking to a lawyer can help you figure out the best steps and guide you through the process.
If you’re dealing with a work injury, my top advice—get a lawyer. This isn’t just about business; it can make or break your case. Workers' comp is complicated, and having someone who knows the system can make all the difference.
A good lawyer will help you understand your rights, gather evidence, and handle any roadblocks. And in New York, they only get paid if you win, so there’s no upfront cost.
Also, make sure you’re seeing a doctor who knows the workers' comp system. Strong medical reports are key—without them, your case could stall. Pick a doctor who knows how to document work injuries properly so your case stays solid.
One big thing to keep in mind with workers’ comp is the deadline to file your claim. In New York, you have two years from the date of the accident to file—wait too long, and you could lose your benefits.
For repetitive stress injuries (like carpal tunnel), the clock starts when you knew or should have known the injury was work-related. That can be tricky to figure out, so getting legal advice early is a smart move.
Don’t wait. Get medical attention, know your deadlines, and talk to a lawyer if you’re unsure. Missing the deadline could mean missing out on your benefits.
If you have any questions or need further assistance, feel free to reach out to me, Rex Zachofsky. Give my office a call at 212-406-8989. Whether you just have a quick question or need more in-depth support, we're here for you.
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