How to File a C-3 Form in New York

Filing the C-3 Employee Claim form is the official first step in starting your workers' compensation case with the New York State Workers' Compensation Board. Without a filed C-3, the Board has no record of your claim — and you cannot receive benefits no matter how serious your injury is. This guide walks you through exactly what the C-3 is, how to fill it out correctly, and the critical deadline you cannot miss.

What Is the C-3 Form?

The C-3, officially titled the "Employee Claim" form, is filed by the injured worker (or their attorney) directly with the Workers' Compensation Board. It formally establishes your claim in the Board's system and notifies the Board that you are seeking benefits. This is separate from the accident report you may have filed with your employer (the C-2 form is filed by your employer, not you) — you need to file your own C-3.

The Two-Year Deadline

New York Workers' Compensation Law §28 gives you two years from the date of the accident to file a C-3. For occupational diseases or gradually-developing injuries (like repetitive stress injuries or occupational hearing loss), the two-year period begins from the date you became disabled OR the date you knew or should have known the condition was work-related — whichever is later.

Missing this deadline is almost always fatal to your claim. Courts and the Board have very limited authority to excuse late filings. If you are unsure whether your deadline has passed, consult an attorney immediately — do not wait. Read our full guide on how long you have to file a workers' comp claim in New York for more on this topic.

The 30-Day Employer Notice Requirement

Separate from the C-3 filing deadline, WCL §18 requires that you notify your employer of your injury within 30 days. This notice can be oral or written, but written is always better for documentation purposes. If you miss the 30-day window, your employer can raise a notice defense — but the Board has discretion to excuse the failure if it did not prejudice the employer. Document your notice: send a written report by email or certified mail.

How to File the C-3

There are three ways to file a C-3 form:

1. Online via the Board's eCase system — the fastest method. Go to the NY WCB website and use the eCase portal to create a new claim. You will need basic information about yourself, your employer, and the accident.
2. By mail — download the C-3 PDF from the WCB website, complete it, and mail it to the nearest Board district office. Keep a copy and consider mailing it certified mail with return receipt.
3. In person — bring the completed form to a district office. The Board has offices throughout New York State including Albany, Binghamton, Brooklyn, Buffalo, Hauppauge, Hempstead, Manhattan, Peekskill, Queens, Rochester, Syracuse, and White Plains.

What Information You Need to Complete the C-3

Before sitting down to fill out the form, gather the following:

• Your full legal name, address, date of birth, and Social Security number
• Your employer's full legal name and address (check your pay stub — the legal name may differ from the trade name)
• Date and time of the accident
• Location where the accident occurred
• A description of how the accident happened (be specific but factual)
• The body part(s) injured
• Whether you notified your employer, and when
• Your treating physician's name and address
• Whether you lost time from work, and if so, when
• Your wage information (hourly rate or salary)

Common C-3 Mistakes to Avoid

Errors on the C-3 can create headaches that follow your case for years. Here are the most common pitfalls:

Using the wrong date of accident

This is more common than you might think — especially for injuries that developed gradually or were worsened over time. For repetitive-stress injuries, the "date of accident" is typically the date you first became disabled or first sought treatment. If you are unsure, note the last date you worked in your regular capacity, but consult an attorney to nail down the proper accident date for your type of injury.

Vague injury description

Do not write "I hurt my back." Write: "While lifting a 50-pound box of supplies at the warehouse, I felt sudden sharp pain in my lower back and left leg." The description of how the accident happened matters because the carrier will look for inconsistencies between the C-3, medical records, and your testimony at hearings.

Wrong employer name

Use the legal employer entity — not a nickname or store name. If you are unsure of the legal name, check your W-2 or pay stub. Filing against the wrong entity can complicate your case.

Missing body parts

List all body parts that were injured or affected, even if some seem minor. You cannot easily add body parts to a claim later, and symptoms that seem minor at first may become significant as time passes.

Leaving fields blank

Fill in every field to the best of your ability. Blank fields give the carrier grounds to argue the form was defective or incomplete.

What Happens After You File

After the Board receives your C-3, several things happen:

• The Board assigns a Workers' Compensation Board Index Number (WCB#) to your case
• Your employer and their insurance carrier are notified
• The carrier has a limited time to either start paying benefits or formally controvert the claim
• An initial hearing will typically be scheduled to establish the claim and the basic facts

From this point forward, all proceedings take place at the Board using your WCB Index Number. Learn what to expect at your first workers' comp hearing.

If the Carrier Controverts Your Claim

A "controversion" means the insurance carrier is disputing your right to benefits — they may claim the accident did not happen at work, that you are not injured, or that the injury is pre-existing. A controversion triggers a hearing where the dispute is resolved by a Judge. This is one of the most important reasons to have an attorney — a controverted claim without representation is extremely difficult to navigate on your own.

Key Takeaways

• File the C-3 directly with the NY Workers' Compensation Board — filing with your employer is not enough
• You have two years from the date of accident to file (different rules for occupational disease)
• Notify your employer in writing within 30 days
• Be specific in the injury description; list all affected body parts
• Use the employer's legal name from your pay stub or W-2
• After filing, the Board assigns a WCB index number and schedules an initial hearing