Can you be fired while on workers' comp in New York?

Short answer: your employer cannot fire you because you filed a workers' comp claim — that's illegal retaliation. But New York is an at-will state, so the full answer has an important nuance.

Key facts

WCL §120 makes it unlawful to fire or punish you because you claimed workers' comp.
New York is at-will — an employer can still let you go for lawful, unrelated reasons.
They can lawfully replace someone who genuinely can't do the job — but not as punishment for the claim.
If you're fired for filing, you file a DC-120 complaint with the Board.

The line the law draws

The illegal act is retaliation — discharging, refusing to reinstate, or otherwise punishing you because you claimed benefits, testified, or even just asked for a claim form. What's not automatically illegal: being laid off in a company-wide cut, fired for documented misconduct, or replaced because your injury genuinely prevents you from doing the job and no reasonable accommodation exists. The key question is always: would this have happened if you hadn't filed?

Your benefits continue either wayLosing your job does not end your workers' comp claim. Your medical and wage benefits continue based on your injury and disability, regardless of your employment status.

If you think you were fired for filing

File a Discrimination Complaint (Form DC-120) with the Workers' Compensation Board.
A judge holds a hearing near your home; remedies can include reinstatement, lost wages/back pay, and penalties against the employer.
Document the timing — retaliation cases often turn on how close the firing was to your claim, form request, or testimony.

Watch the clockDiscrimination complaints have deadlines — don't wait. Keep every email, text, and write-up around the firing.

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