Filing a workers’ compensation claim in New York is not complicated, but it must be done correctly and it must be done on time. The process involves notifying your employer, filing a form with the Workers’ Compensation Board, and getting medical treatment from a Board-authorized physician. Miss any of these steps — or do them late — and your claim can be delayed, reduced, or denied entirely.
Most injured workers across New York City, Nassau County, and Suffolk County encounter this process when they are already in pain, already worried about lost income, and already uncertain about what comes next. That is not the time to guess at the steps. This article walks through the filing process from beginning to end so you know exactly what to do and when to do it.
Notify your employer within 30 days
The first step after any workplace injury is to notify your employer. New York law requires that you provide notice within 30 days of the accident. Do not wait. Report the injury the same day it happens, or as soon as you become aware that the injury is work-related.
Notification should be in writing whenever possible. Many employers have written accident report forms. Complete the form. Be specific about what happened, where it happened, and what part of your body was injured. Keep a copy for your records. If your employer does not have a form, write a letter or send an email describing the injury and keep a copy of that as well.
Verbal notification counts under the law, but verbal notification is harder to prove later if there is a dispute about whether you reported the injury. Written documentation protects you. If you notify your employer verbally, follow up with something in writing. A text message. An email. Anything with a date on it.
If your injury is an occupational disease or a repetitive stress condition rather than a sudden accident, the 30-day clock starts when you first learn — or should have known — that your condition is related to your work. Report it to your employer as soon as your doctor tells you the condition may be work-related. If you belong to a union, notify your union representative immediately as well.
File the C-3 Employee’s Claim Form with the Board
In addition to notifying your employer, you must file a C-3 Employee’s Claim Form with the New York State Workers’ Compensation Board. This is your formal claim. Without it, the Board has no record that you are seeking benefits.
The law gives you up to two years from the date of the accident to file the C-3. Do not use that time. File it now. Waiting creates risk. Memories fade. Witnesses leave. Medical records become harder to connect to the original injury. The longer you wait, the easier it is for the insurance carrier to argue that the injury is not as serious as you claim, or that it was caused by something other than work.
The C-3 form is available online at the Workers’ Compensation Board’s website, www.wcb.ny.gov. You can file it electronically or by mail. The form asks for basic information: your name and contact information, your employer’s name and address, a description of how the injury occurred, and the date and location of the accident. Fill it out completely and accurately. If you are unsure about any detail, provide the best information you have and correct it later if necessary.
For occupational diseases, the two-year filing deadline runs from the date you knew or should have known the condition was work-related, or from the date of your last exposure to the conditions that caused the disease. These deadlines can be more complex than they appear. If there is any question about timing, file the C-3 immediately and address the specifics later.
Get medical treatment from a Board-authorized physician
You must be treated by a doctor who is authorized by the Workers’ Compensation Board to treat injured workers. Not every doctor has this authorization. If you see a doctor who is not Board-authorized, the insurance carrier is not obligated to pay for the treatment, and the doctor’s records may carry less weight in your case.
Your treating physician plays a central role in your claim. The doctor documents how your condition is related to your work, files the required medical forms with the Board, determines your level of disability, and provides opinions about your ability to return to work. The quality and consistency of this medical documentation directly affects the outcome of your case.
Be thorough and honest with your doctor about every symptom and how the injury occurred. Do not minimize your pain. Do not leave out symptoms because you think they are minor. If your shoulder hurts and your neck is stiff and you are having headaches, tell your doctor about all three. Symptoms that go unreported at the initial visit and surface later can create problems. The insurance carrier may argue that those symptoms are unrelated to the workplace injury.
Your doctor will file a Form C-4 with the Board after each visit. This form is essential. It notifies the Board that your case is active and that you are receiving treatment. If your doctor fails to file the C-4, your benefits will not be paid. You must continue to see your doctor at least every 45 days while you are out of work to maintain your eligibility for wage replacement benefits.
What your employer is required to do
Once you report a workplace injury, your employer has legal obligations. The employer must file a Form C-2 (Employer’s Report of Work-Related Injury/Illness) with the Workers’ Compensation Board and with its insurance carrier within 10 days of learning about the injury. The employer must also provide you with information about your rights under the workers’ compensation system and the name and contact information of its insurance carrier.
If your employer does not file the C-2, that does not prevent you from pursuing your claim. Your C-3 filing is independent of anything your employer does or fails to do. But it may signal a problem. An employer who does not file the required report may also be one who disputes the claim, delays the process, or discourages you from seeking benefits. If your employer is not cooperating, that is relevant information — and it is one of the reasons injured workers benefit from legal representation.
Mistakes that delay or jeopardize claims
The most common mistake is waiting too long to report the injury to your employer. Every day of delay creates doubt about whether the injury is truly work-related. Report the injury immediately. Do not wait to see if it gets better.
The second most common mistake is not filing the C-3. Notifying your employer is not enough. The C-3 must be filed with the Board separately. Some injured workers assume their employer handles this. The employer files a different form — the C-2. Your C-3 is your responsibility.
A third mistake is seeing a doctor who is not authorized by the Workers’ Compensation Board. This can create complications with payment and with the evidentiary weight of your medical records. Confirm that your doctor has Board authorization before your first visit.
A fourth mistake is filing the claim under health insurance instead of workers’ compensation. Some employers will suggest this. Do not do it. A work-related injury belongs in the workers’ compensation system. Filing it under health insurance can delay your workers’ compensation claim and may create reimbursement disputes between your health insurer and the workers’ compensation carrier.
A fifth mistake is failing to keep records. Keep copies of every form, every letter, every email, and every medical document related to your claim. Keep a written record of every conversation with your employer about the injury. These records are your evidence if a dispute arises.
How Schwartzapfel Holbrook helps injured workers through the filing process
At Schwartzapfel Holbrook, we assist injured workers with the filing process to ensure that deadlines are met, forms are completed accurately, and the medical record begins developing in a way that supports the claim. That includes confirming the C-3 has been filed with the Board, verifying that the treating physician is Board-authorized and filing the required C-4 forms, and monitoring the employer’s C-2 filing.
When claims are disputed at the filing stage — whether because the employer contests the injury, because the insurance carrier questions whether the injury is work-related, or because there is a dispute about the worker’s employment status — we prepare the case for a hearing before a Workers’ Compensation Law Judge. For injured workers across New York City and Long Island, getting the filing right from the beginning is the foundation that everything else is built on.
Schwartzapfel Holbrook / Fighting For You