How to File a Workers' Compensation Claim in New York
Reviewed by DocDraft Legal Team · New York · Last updated 2026-09-07
A workers' compensation claim is how an employee who is injured on the job, or made ill by work, obtains medical care and wage-replacement benefits from the employer's insurance carrier, without having to prove the employer was at fault. In New York, the system is administered by the New York State Workers' Compensation Board (WCB), and disputed claims are decided by a Workers' Compensation Law Judge. Two deadlines are critical. You must give your employer written notice of the injury within 30 days of the accident (N.Y. Workers' Compensation Law 18), and you must file the Employee Claim, Form C-3, with the Workers' Compensation Board within two years of the accident (N.Y. Workers' Compensation Law 28). Unlike some states, you do not get the claim form from your employer. You file the C-3 directly with the Board, online, by mail, or in person. The employer's insurance carrier then accepts or controverts the claim, and if it is controverted the Board schedules a hearing before a Workers' Compensation Law Judge. Attorney review of your claim is available through DocDraft.
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How do I file a workers' compensation claim in New York?
First, tell your employer about the injury in writing within 30 days of the accident (N.Y. Workers' Compensation Law 18). Then file the Employee Claim, Form C-3, with the New York State Workers' Compensation Board within two years. The employer's insurer then accepts or disputes your claim.
How long do I have to file a workers' compensation claim in New York?
Two deadlines matter. You must notify your employer of the injury within 30 days of the accident (N.Y. Workers' Compensation Law 18). Separately, you must file the Form C-3 claim with the Workers' Compensation Board within two years of the accident (Law 28). Missing either can bar your benefits.
What is the C-3 claim form in New York?
The Form C-3, called the Employee Claim, is the official form you file to open a New York workers' compensation case. You file it directly with the Workers' Compensation Board, online, by mail, or in person, within two years of the accident (N.Y. Workers' Compensation Law 28).
Who handles workers' compensation claims in New York?
New York's workers' compensation system is administered by the New York State Workers' Compensation Board. Your employer's insurance carrier decides your claim day to day, choosing to accept or controvert it. If the carrier disputes the claim, the Board holds a hearing before a Workers' Compensation Law Judge.
New York workers' compensation claim law at a glance
In New York, workers' compensation gives an employee injured on the job medical care and wage-replacement benefits from the employer's insurance carrier, regardless of fault. The system is run by the New York State Workers' Compensation Board, and disputed claims are decided by a Workers' Compensation Law Judge. You must give your employer written notice of the injury within 30 days of the accident (N.Y. Workers' Compensation Law 18). Unlike some states, you do not get the claim form from your employer. You file the Employee Claim, Form C-3, directly with the Workers' Compensation Board, and you must do so within two years of the accident (N.Y. Workers' Compensation Law 28). The carrier then accepts or controverts your claim, and if it is disputed the Board schedules a hearing.
Filing a New York workers' compensation claim after a warehouse back injury
Suppose you hurt your back lifting boxes at a warehouse in New York. You tell your supervisor and, the same week, give written notice of the injury, staying well inside the 30-day reporting deadline (N.Y. Workers' Compensation Law 18). You get medical treatment and tell the provider it is work-related. To open your claim, you file the Employee Claim, Form C-3, directly with the New York State Workers' Compensation Board, well within the two-year filing deadline (N.Y. Workers' Compensation Law 28). The insurance carrier starts paying for treatment but later controverts how much wage-replacement you are owed. The Board schedules a hearing before a Workers' Compensation Law Judge. Attorney review of your claim is available through DocDraft.
Relevant Laws
N.Y. Workers' Compensation Law 18 (30-day notice of injury to employer)
Provides that notice of an injury or death for which compensation is payable shall be given to the employer within 30 days after the accident causing the injury. The notice must be in writing and state the time, place, nature, and cause of the injury.
N.Y. Workers' Compensation Law 28 (two-year deadline to file the claim)
Bars the right to claim compensation unless a claim is filed within two years after the accident, or within two years after death. For occupational disease, the claim may be filed within two years after disablement and after the claimant knew or should have known the disease was due to the employment.
New York State Workers' Compensation Board, How to File a Claim
The Board's injured-worker page instructs employees to notify the employer within 30 days, warns that missing that window may cost you your right to benefits, and states that Form C-3 must be filed with the Board within two years of the accident.
New York State Workers' Compensation Board, Controverting a Claim
Explains that the insurance carrier can contest, or controvert, a claim, after which the Board may hold a hearing before a Workers' Compensation Law Judge, who takes testimony, reviews evidence, and decides whether the claimant is entitled to benefits.
Regional Variances
New York workers' compensation claim rules at a glance
Reporting deadline
30 days from the accident to give your employer written notice, under N.Y. Workers' Compensation Law 18. If 30 days pass without notice, you may lose your right to benefits.
Claim form
The Employee Claim, Form C-3. You file it yourself, directly with the Workers' Compensation Board, online, by mail, or in person. You do not get it from your employer.
Filing deadline
Two years from the date of the accident to file the claim with the Workers' Compensation Board (N.Y. Workers' Compensation Law 28). Occupational disease runs from when you knew it was work-related.
Who administers it
The New York State Workers' Compensation Board (WCB). Disputed claims are decided by a Workers' Compensation Law Judge after a hearing.
How disputes are filed
The employer's insurance carrier can controvert the claim. The Board then schedules a hearing before a Workers' Compensation Law Judge, who reviews the evidence and decides entitlement to benefits.
Suggested Compliance Checklist
Report the injury to your employer in writing
Within 30 days of the accident days after startingGive your employer written notice of the injury within 30 days of the accident (N.Y. Workers' Compensation Law 18). The Workers' Compensation Board warns that missing this window may cost you your right to benefits, so do it immediately and keep a dated copy.
Get medical treatment for the injury
As soon as possible after the injury days after startingSeek treatment for your work injury and tell the provider it happened at work so the bills go to the workers' compensation carrier. Keep every medical record, bill, and note about your diagnosis and any work restrictions to support your claim.
File the Employee Claim (Form C-3) with the Board
Within two years of the accident days after startingFile the Employee Claim, Form C-3, directly with the New York State Workers' Compensation Board, online, by mail, or in person, within two years of the accident (N.Y. Workers' Compensation Law 28). Keep a copy. Attorney review of your claim is available through DocDraft.
Track the insurance carrier's decision
While the claim is pending days after startingThe carrier will accept or controvert your claim. Calendar any deadline the carrier sets for information, keep proof of what you sent, and note the accident date so you protect the two-year filing window under N.Y. Workers' Compensation Law 28.
Prepare for a hearing if the claim is disputed
If the carrier controverts the claim days after startingIf the claim is controverted, the Board schedules a hearing before a Workers' Compensation Law Judge. Gather your medical records, note the accident date and how it happened, and be ready to explain your injury and the benefits you are seeking.
Calendar both harm-critical deadlines
Immediately after the injury days after startingCalendar the 30-day deadline to report the injury to your employer (N.Y. Workers' Compensation Law 18) and the two-year deadline to file Form C-3 with the Workers' Compensation Board (N.Y. Workers' Compensation Law 28). Missing either can bar your benefits, so file early.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Report the injury to your employer in writing | Give your employer written notice of the injury within 30 days of the accident (N.Y. Workers' Compensation Law 18). The Workers' Compensation Board warns that missing this window may cost you your right to benefits, so do it immediately and keep a dated copy. | - | Within 30 days of the accident |
| Get medical treatment for the injury | Seek treatment for your work injury and tell the provider it happened at work so the bills go to the workers' compensation carrier. Keep every medical record, bill, and note about your diagnosis and any work restrictions to support your claim. | - | As soon as possible after the injury |
| File the Employee Claim (Form C-3) with the Board | File the Employee Claim, Form C-3, directly with the New York State Workers' Compensation Board, online, by mail, or in person, within two years of the accident (N.Y. Workers' Compensation Law 28). Keep a copy. Attorney review of your claim is available through DocDraft. | - | Within two years of the accident |
| Track the insurance carrier's decision | The carrier will accept or controvert your claim. Calendar any deadline the carrier sets for information, keep proof of what you sent, and note the accident date so you protect the two-year filing window under N.Y. Workers' Compensation Law 28. | - | While the claim is pending |
| Prepare for a hearing if the claim is disputed | If the claim is controverted, the Board schedules a hearing before a Workers' Compensation Law Judge. Gather your medical records, note the accident date and how it happened, and be ready to explain your injury and the benefits you are seeking. | - | If the carrier controverts the claim |
| Calendar both harm-critical deadlines | Calendar the 30-day deadline to report the injury to your employer (N.Y. Workers' Compensation Law 18) and the two-year deadline to file Form C-3 with the Workers' Compensation Board (N.Y. Workers' Compensation Law 28). Missing either can bar your benefits, so file early. | - | Immediately after the injury |
Frequently Asked Questions
A workers' compensation claim is how an employee injured on the job, or made sick by work, obtains medical care and wage-replacement benefits from the employer's insurance carrier, without proving fault. In New York, you open a claim by filing the Employee Claim, Form C-3, with the Workers' Compensation Board.
Reporting means giving your employer written notice of the injury, which you must do within 30 days of the accident (N.Y. Workers' Compensation Law 18). Filing the claim is the separate step of submitting Form C-3 to the Workers' Compensation Board. Reporting comes first; filing the C-3 follows.
You have 30 days from the accident to give your employer written notice of the injury (N.Y. Workers' Compensation Law 18). The Workers' Compensation Board warns that if 30 days pass and you have not notified your employer, you may lose your right to workers' compensation benefits.
You generally have two years from the date of the accident to file your claim with the Workers' Compensation Board (N.Y. Workers' Compensation Law 28). For an occupational disease, the two years can run from when you knew, or should have known, the condition was work-related. Missing it bars your claim.
Reporting after 30 days can jeopardize your claim. N.Y. Workers' Compensation Law 18 requires written notice within 30 days of the accident. The Workers' Compensation Board warns that if 30 days pass without notice to your employer, you may lose your rights to benefits, so report as soon as you can.
Day to day, your employer's insurance carrier decides whether to accept or controvert the claim. If it is controverted, the Workers' Compensation Board schedules a hearing before a Workers' Compensation Law Judge, who reviews the medical and other evidence and decides whether you are entitled to benefits.
No. New York workers' compensation is a no-fault system, so you do not have to prove your employer did anything wrong to receive benefits. You generally need to show the injury arose out of and in the course of your employment. In exchange, benefits are set by statute.
If the insurance carrier controverts or denies your claim, the Workers' Compensation Board can hold a hearing before a Workers' Compensation Law Judge, who decides your entitlement to benefits. Bring your medical records and be ready to explain the injury. Attorney review of your case is available through DocDraft.
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