A workplace injury in New York sets off a legal process that most injured workers have never navigated before. Workers' compensation in New York is not automatic. It requires specific actions, documentation, and filings within defined timeframes. Missing any of these steps can delay benefits or give the insurance carrier grounds to challenge the claim. Understanding what the filing process requires from the beginning is one of the most important things an injured New York worker can do.
The Notice Requirement: Telling Your Employer
The first and most time-sensitive obligation after a workplace injury in New York is giving your employer notice. Under New York Workers' Compensation Law Section 18, an injured worker must notify their employer within 30 days of the injury or, for occupational diseases, within two years of when the worker knew or should have known the disease was work-related. Failure to provide timely notice can result in the claim being disallowed, though courts have recognized exceptions where the employer had actual knowledge of the injury or where the delay did not prejudice the employer.
Notice should be given in writing and kept on record. Verbal notice is legally sufficient in some situations, but written notice eliminates disputes about whether notification was actually given. The notice should identify when the injury occurred, where it happened, and what body part or condition was affected.
Filing the C-3 Claimant's Claim Form With the Workers' Compensation Board
After notifying the employer, the injured worker must file a C-3 Claimant's Notice of Accident and Claim for Compensation form directly with the New York Workers' Compensation Board. This form initiates the formal claim and is required even if the employer or their carrier is already processing the injury report. The Board must receive the C-3 within two years of the date of injury or the last payment of workers' compensation benefits, whichever is later.
The C-3 form requires the following information:
- The injured worker's name, address, and Social Security number
- The employer's name, address, and workers' compensation insurance carrier information
- The date, time, and location of the workplace injury
- A description of how the injury occurred and what body parts were affected
- The names of any witnesses to the accident
- The medical treatment received and treating physician information
A New York Workers Compensation Lawyers assists workers in completing and filing the C-3, responding to any requests from the Board, and managing the initial stages of the claim before a hearing is scheduled.
What Happens After the C-3 Is Filed
After the C-3 is filed, the Workers' Compensation Board assigns a claim number and notifies the employer and their insurer. The insurer then has an obligation to either accept the claim and begin paying benefits, controvert the claim with stated grounds, or raise a notice defense. If the insurer controverts the claim, a hearing before a Workers' Compensation Law Judge is scheduled to resolve the dispute.
Polsky, Shouldice & Rosen, P.C. has exclusively practiced workers' compensation law in New York for more than 30 years, representing injured workers through every stage of the claims process from initial filing through hearing and appeal. Free consultations are available.
Getting Your New York Workers' Compensation Claim Started Correctly
If you were injured at work in New York and are not sure how to begin the workers' compensation process, speaking with a New York Workers Compensation Lawyers about the notice and filing requirements is the most direct way to make sure your claim is started correctly and your rights are protected from day one.
