Legal Question in Workers Comp in New York

Re: Worker's comp

Section 120 of the compensation law prohibits lowering pay as retaliation for filing a compensation claim. However,if you are not capable of doing your prior work and as such, are technically working a different job than when you were hurt, there may be instances where you can legally be paid less. The distinction is determined by whether the injury is causing the diminished earnings or whether the lower pay is related to discrimination against you for filing a claim. If your pay is lowered because your injury prevents you from working full duty, you are entitled to receive "reduced earnings" pay that supplements the loss of wages, provided you have medical evidence that documents your restrictions.