If you were hurt at work in New York, the most important thing you can do to protect your rights is to act quickly and follow the right steps. The workers' compensation system has strict deadlines, and a missed deadline or an unreported injury can cost you benefits you're entitled to.
This guide walks you through exactly how to file a workers' compensation claim in New York — from reporting your injury to your employer, to filing the C-3 form with the Workers' Compensation Board, to what happens after your claim is opened.
Step 1: Get Medical Treatment Immediately
Your health comes first, and your medical records are also the foundation of your claim. Get treatment as soon as possible after your injury, and make sure you tell the doctor clearly that your injury happened at work.
In New York, you generally must treat with a provider authorized by the Workers' Compensation Board (except in an emergency). Your treating provider files medical reports with the Board that document your injury, your diagnosis, and your degree of disability. These reports drive everything that follows in your case.
Why this matters
- Telling the doctor it's a work injury creates the first official record linking your injury to your job.
- Board-authorized providers know how to file the medical reports the Board needs — an unauthorized provider's reports may not be accepted.
- Gaps in treatment can be used by the insurance carrier to argue you've recovered. Keep your appointments.
Not sure whether your doctor is authorized? The Comp Desk's free Find a Workers' Comp Doctor tool helps you locate a WCB-authorized provider near you.
Step 2: Notify Your Employer Within 30 Days
Under Workers' Compensation Law § 18, you must give your employer written notice of your injury within 30 days of the accident. Tell your supervisor or employer in writing what happened, when, and how — and keep a copy.
Missing the 30-day notice deadline doesn't always end your claim — the Board can excuse late notice in certain situations — but it gives the insurance carrier an argument against you. Reporting promptly removes that argument entirely.
Step 3: File the C-3 Form With the Workers' Compensation Board
The C-3 (Employee Claim) is the form that formally starts your workers' compensation claim with the New York State Workers' Compensation Board. Filing the C-3 is what puts your claim on the Board's radar and protects your right to benefits.
What you'll need to complete the C-3
- Your personal information and Social Security number
- Your employer's name and address
- The date, time, and location of your accident
- A description of how the injury happened and what body parts were affected
- The name of the doctor or facility treating you
- Your wage information (this helps establish your Average Weekly Wage, which determines your benefit rate)
How to file the C-3
You can file the C-3 with the Workers' Compensation Board in any of these ways:
- Online — through the Board's website, which is the fastest method
- By phone — the Board's Customer Service line can take your claim
- By mail — by completing the paper C-3 form and mailing it to the Board
Once your claim is filed, the Board assigns it a WCB case number. Your employer's insurance carrier is separately required to file its own report (the C-2F, the Employer's Report of Work-Related Injury/Illness), and the carrier will either accept or dispute your claim.
The Deadline: You Have Two Years — But Don't Wait
Under Workers' Compensation Law § 28, you generally have two years from the date of your accident to file your claim. For occupational diseases or injuries that develop over time, the two-year clock typically runs from when you knew (or reasonably should have known) that your condition was related to your work.
What Happens After You File
Filing the C-3 opens your case, but it's just the beginning. Here's what typically comes next:
The carrier accepts or disputes the claim
The insurance carrier reviews your claim and either accepts it (and begins paying benefits) or controverts (disputes) it. If the carrier disputes your claim, the case is set for a hearing before a Workers' Compensation Law Judge (WCLJ).
You may be sent for an Independent Medical Exam (IME)
The carrier has the right to send you to a doctor of its choosing for an Independent Medical Examination. The IME doctor's report can affect your benefits, so it's important to attend and to understand what to expect. See our guide on what to expect at an IME.
Hearings and benefit decisions
If there are disputes — over whether the injury is work-related, your average weekly wage, your degree of disability, or your benefit rate — a WCLJ holds hearings and issues decisions. This is where having your documentation in order pays off.
Ongoing benefits
If your claim is established, you may receive lost-wage benefits (a percentage of your average weekly wage), medical treatment paid by the carrier, and — for permanent injuries — a schedule loss of use award or a loss of wage earning capacity determination.
Common Mistakes That Hurt New York Claims
- Not reporting in writing. A verbal report is easy to dispute. Always put your injury report in writing and keep a copy.
- Waiting to seek treatment. Gaps between your injury and your first treatment let the carrier question whether you were really hurt at work.
- Treating with a non-authorized provider. Outside of emergencies, treatment should be with a WCB-authorized provider so the reports count.
- Underreporting wages. If you worked overtime or held more than one job, those wages may raise your benefit rate. Make sure all of it is captured.
- Missing IME appointments. Failing to attend an IME can result in your benefits being suspended.
- Going it alone on a disputed claim. If the carrier controverts your claim, the issues get legal fast. In New York, attorney fees are approved by the judge and paid from your award — you don't pay up front.
Should You Hire an Attorney?
You are allowed to represent yourself in a New York workers' compensation claim, but the system is adversarial — the insurance carrier has lawyers and doctors working to limit what it pays. An experienced workers' comp attorney can establish your claim, fight for the correct average weekly wage, handle hearings, and maximize your permanency award or settlement.
If you'd like to be matched with a workers' compensation attorney in your area, you can connect with an attorney through The Comp Desk.
Frequently Asked Questions
How long do I have to file a workers' comp claim in New York?
Generally two years from the date of your accident (or from when you knew your condition was work-related) under WCL § 28. You must also give your employer written notice within 30 days under WCL § 18. File as early as possible.
What is the C-3 form?
The C-3 is the Employee Claim form — the form you file with the New York Workers' Compensation Board to formally open your claim. You can file it online, by phone, or by mail.
Does it cost anything to file a claim?
No. Filing the C-3 is free. If you hire an attorney, the fee is approved by the judge and paid from your award — not up front.
What if my employer doesn't have workers' comp insurance?
Most New York employers are required to carry workers' compensation coverage. If your employer is uninsured, you may still be able to recover through the Workers' Compensation Board's Uninsured Employers Fund. File your claim and raise the issue with the Board.
Know Your Benefit Rate Before You File
The Comp Desk's free Average Weekly Wage calculator estimates the weekly benefit you should receive — so you can spot an underpayment from day one. No login required.
Try the AWW Calculator →