The minutes, hours, and days right after a work injury matter more than most people realize. What you do — and what you say — in the first 24 to 72 hours can shape your entire workers' compensation claim. The insurance carrier starts building its file immediately, and small mistakes early on can cost you benefits later.
This guide walks you through exactly what to do after you're hurt at work in New York: how to get the right treatment, how and when to report, how to document the scene, and what not to say to the insurance carrier.
The First 24 Hours: Get Medical Care and Stay Safe
Your health comes first. If your injury is serious — heavy bleeding, a possible broken bone, a head injury, chest pain, or anything that feels like an emergency — call 911 or go to the nearest emergency room. Don't wait to find a "workers' comp doctor" first. Emergency treatment is always covered, and getting hurt worse to follow a procedure helps no one.
Even if the injury seems minor, get it checked out the same day if you can. Adrenaline masks pain, and injuries like back strains, concussions, and repetitive-stress injuries often feel worse the next morning. A same-day medical record is one of the strongest pieces of evidence your claim can have.
The single most important thing to say
- Tell every provider — the EMT, the ER nurse, the doctor — clearly: "This happened at work." Make sure it goes in the chart.
- Describe how it happened in plain, specific terms ("I slipped on a wet floor and landed on my right shoulder"), not vaguely ("my shoulder hurts").
- List every body part that hurts, even the minor ones. A body part you don't mention on day one is harder to add to your claim later.
Emergency vs. Authorized Treatment: Know the Difference
New York has a specific rule about who can treat your work injury, and it trips a lot of people up.
In an emergency — go anywhere
For emergency care, go to the closest ER or urgent care. You do not need a Workers' Compensation Board–authorized provider, and you don't need anyone's permission first. Emergency treatment for a work injury is covered.
For ongoing care — use a WCB-authorized provider
Once the emergency is over, your follow-up and ongoing treatment generally must be with a provider authorized by the New York State Workers' Compensation Board. Authorized providers know how to file the medical reports the Board requires — reports that document your diagnosis and degree of disability and drive every decision in your case. An unauthorized provider's reports may not be accepted, which can leave a gap in the medical evidence supporting your claim.
Not sure whether a doctor is authorized? The Comp Desk's free Find a Workers' Comp Doctor tool helps you locate a WCB-authorized provider near you.
Report the Injury to Your Employer — In Writing
Under Workers' Compensation Law § 18, you must give your employer written notice of your injury within 30 days of the accident. But you shouldn't wait anywhere near that long — report it as soon as you're physically able, ideally the same day.
If your employer has an incident-report form, fill it out — but also send your own written notice so you control your own copy. Ask for a copy of anything you sign. Report even if you think you can "tough it out," because an unreported injury that worsens later is far harder to establish.
Document the Scene While It's Fresh
Memories fade and scenes get cleaned up fast. In the first 72 hours, gather as much as you can — it costs nothing and can decide a disputed claim.
Your first-72-hours documentation checklist
- Photos and video — the hazard that hurt you (the wet floor, the broken ladder, the unguarded machine), the area, and your visible injuries.
- Witnesses — names and phone numbers of anyone who saw the accident or saw you right afterward. Co-workers move on, quit, or stop wanting to get involved.
- A written timeline — what you were doing, what went wrong, the exact time and location, and who you told. Write it the day it happens.
- Your symptoms, day by day — keep a simple pain/symptom log. It shows how the injury developed and counters any claim that you recovered.
- Everything you're given — incident reports, discharge papers, work-restriction notes, and any letters from the employer or carrier.
Why this matters
- Carriers dispute claims by attacking the connection between your injury and your job. Scene photos and witnesses close that gap.
- A contemporaneous timeline written the same day carries far more weight than a recollection months later at a hearing.
What NOT to Say to the Insurance Carrier
Soon after you report, the employer's insurance carrier may call you — sometimes the same day, often sounding friendly and helpful. Remember that the adjuster's job is to limit what the carrier pays. You are allowed to be polite, but be careful. Anything you say can be used to dispute or reduce your claim.
Common things people say that backfire
- "I'm fine, it's nothing." Downplaying your injury out of politeness or toughness gets quoted back to you to argue you weren't really hurt.
- "I'm not sure how it happened." Guessing or speculating about the cause creates doubt. Describe only what you actually know.
- "It might be my old injury acting up." Don't volunteer theories that link your injury to something unrelated to work — let the doctors sort out causation.
- "It was probably my fault." New York workers' comp is no-fault; you generally don't lose benefits for your own carelessness. Don't accept blame you don't owe.
- Agreeing to a recorded statement before you understand the case. Once recorded, your words are locked in. Slow down.
File Your C-3 Claim With the Workers' Compensation Board
Reporting to your employer is not the same as filing a claim. To formally protect your rights, you file a C-3 (Employee Claim) with the New York State Workers' Compensation Board. You generally have up to two years under WCL § 28, but you should file as soon as you can — the sooner your claim is on the Board's radar, the better.
We cover the filing process step by step — what you'll need, how to file, and what happens next — in our companion guide: How to File a Workers' Comp Claim in New York (C-3 Form).
Know Your Benefit Rate Early
Once your claim is established, your weekly benefit is based on your Average Weekly Wage (AWW) — generally two-thirds of it, up to the statutory cap. Knowing roughly what you should receive lets you spot an underpayment from the very first check. If you worked overtime or held a second job, those wages may raise your rate, so make sure all of it is captured.
Should You Talk to an Attorney?
You can represent yourself, but the system is adversarial — the 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 protect your benefits.
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
What should I do in the first 24 hours after a work injury?
Get medical care right away (the ER if it's serious) and tell every provider it's a work injury. Report it to your supervisor in writing as soon as you can, and write down what happened — the date, time, location, what you were doing, and who saw it — while it's fresh.
Can I go to my own doctor or the ER?
In an emergency, go to the nearest ER or urgent care — that's always covered and no pre-authorization is needed. For ongoing care, New York generally requires a WCB-authorized provider so the medical reports are accepted in your case. You choose your treating doctor; the carrier does not.
What should I not say to the insurance carrier?
Don't downplay your injury, don't guess at the cause, don't accept blame, and don't give a recorded statement or sign medical releases you don't understand. Stick to the facts you're certain of, and say you'll follow up after speaking with an attorney when in doubt.
How long do I have to report a work injury in New York?
You must give your employer written notice within 30 days under WCL § 18, and you generally have up to two years to file a C-3 claim with the Board under WCL § 28. Don't wait — report and file as early as you can to protect your rights.
Know Your Benefit Rate From Day One
The Comp Desk's free Average Weekly Wage calculator estimates the weekly benefit you should receive — so you can spot an underpayment before it costs you. No login required.
Try the AWW Calculator →