How to File a Workers' Comp Claim in New York: C-3 Form & Deadlines (2026)

Filing a workers' compensation claim in New York requires following specific procedures with the Workers' Compensation Board (WCB). Understanding the reporting requirements, C-3 form, and deadlines ensures you protect your rights to medical treatment and wage replacement benefits.

Step-by-Step Filing Process

Step 1: Report Injury to Employer

Deadline: 30 days from date of accident

How to report:

Written notice to supervisor or employer (highly recommended)
Oral notice acceptable but harder to prove
Use employer's injury report form if provided
Email creates documentation and timestamp

What to include:

Date, time, and location of injury
How injury occurred
Body parts injured
Names of witnesses
Request for medical treatment

Keep documentation: Proof of timely notice is critical

Consequence of late report: May lose benefits if don't report within 30 days unless can show good cause

New York Workers' Compensation Law § 18: Governs notice requirements

Step 2: Seek Medical Treatment

Employer's doctor initially: First 14 days, must treat with employer's designated physician (if posted)

Your choice after 14 days: Can select your own authorized treating physician

Emergency exception: Can seek emergency care anywhere, then follow up with authorized provider

Authorized provider: Doctor authorized by WCB or carrier

Treatment authorization: Carrier must authorize treatment

Step 3: Employer Files C-2 Form

Employer's Report (C-2): Employer must file within 10 days of notice

Not your responsibility: But ensure employer files

Verify filing: Can check with WCB

If employer doesn't file: You can file C-3 yourself

Step 4: File C-3 Form (Employee Claim)

Form C-3: Employee Claim for Compensation

When to file: If employer disputes or doesn't file C-2, or to preserve rights

Where to obtain: New York Workers' Compensation Board website

Where to file: Workers' Compensation Board district office

Can file online: Through WCB's electronic case folder system

Information required:

Personal information (name, address, SSN, DOB)
Employer information
Injury details (date, time, how it happened)
Body parts injured
Medical treatment received
Witnesses

Keep copy: Retain copy for your records

Step 5: Insurance Carrier Responds

Carrier investigates: Reviews claim, may take statement

Must respond: Carrier files response with WCB

Accepts or contests: Carrier either accepts liability or contests claim

If accepted: Benefits begin (medical treatment, lost wage payments if applicable)

If contested: Hearing scheduled before WCB Law Judge

Step 6: WCB Processing

Case established: WCB creates case file

Claim number assigned: Reference number for your case

Communication: All parties receive notices from WCB

Hearings scheduled: If claim contested or issues disputed

Critical Deadlines

30 days: Report injury to employer

2 years: File claim from date of accident (statute of limitations)

Occupational disease: 2 years from disablement OR date you knew/should have known disease was work-related

Failure to meet deadlines: May permanently bar claim

New York Workers' Compensation Law § 28: Statute of limitations

After Filing Your Claim

Medical treatment: Begin authorized treatment

Lost wage benefits: If miss more than 7 days of work

Temporary total disability: 66.67% of average weekly wage

Maximum weekly benefit (2026): $1,220.80/week

Learn more: New York Workers' Comp Benefits

Find Out If You Have a Case

Not sure if your employer broke the law or what your claim is worth? Get a free, no-obligation evaluation from an experienced employment attorney.

Common Mistakes to Avoid

1. Not reporting within 30 days: May forfeit benefits

2. Treating with non-authorized doctor: Treatment may not be covered

3. Missing WCB hearings: Can result in claim dismissal

4. Inconsistent statements: Undermines credibility

5. Not keeping copies: No proof of filing

6. Returning to work without medical clearance: Can jeopardize benefits

7. Not following treatment plan: Used to deny benefits

Coverage Requirements

New York employers must have workers' comp if:

Any employee (even part-time)
Exceptions: very limited (some farm workers, domestic workers)

Nearly universal coverage: New York has broad coverage

Check employer coverage: WCB Coverage Search

If employer uninsured: File with WCB; benefits paid from Uninsured Employers Fund

Types of Claims

Accident Claims

Specific incident: Identifiable event, date, time

Examples: Slip and fall, machine accident, vehicle collision

Date of accident: Date incident occurred

Occupational Disease Claims

Develops over time: From workplace exposure

Examples: Asbestos disease, repetitive stress injury, hearing loss

Date of disablement: When became disabled from disease

Learn more: Occupational Diseases in New York

Cumulative Trauma

Repetitive activities: Gradual injury development

Examples: Carpal tunnel, back injuries from repeated lifting

Date of accident: Date of disablement or when knew injury was work-related

WCB Hearings

Informal proceedings: Less formal than court

Law Judge presides: WCB Administrative Law Judge

Evidence presented: Medical records, testimony, documents

You should attend: Critical to appear at hearings

Attorney recommended: Especially if claim contested

Decision: Judge issues written decision

Learn more: Denied Claims in New York

Getting Legal Help

When to hire attorney:

Claim contested
Serious injury
Carrier denies benefits
Need help navigating WCB system
Terminated after filing claim

Attorney fees: Set by WCB (typically 10-20% of awarded benefits)

Free consultation: Many workers' comp attorneys offer free case evaluation

Contingency basis: Fees come from benefits awarded

FAQs

Q: How long do I have to file a workers' comp claim in New York? A: 2 years from date of accident. Report to employer within 30 days.

Q: What if my employer doesn't have workers' comp insurance? A: File with WCB. Benefits paid from Uninsured Employers Fund.

Q: Can I choose my own doctor in New York? A: After first 14 days, yes. Initially must use employer's designated doctor if posted.

Q: What if I was at fault for my injury? A: Doesn't matter—workers' comp is no-fault system.

Q: Do I need a lawyer to file? A: Not required, but helpful if claim contested or complex.

Q: Can I be fired for filing a claim? A: No, that's illegal retaliation under New York law.

Q: What happens if I miss the 30-day reporting deadline? A: May lose benefits unless can show good cause for delay.

Q: How long does it take to get benefits? A: Medical treatment should start quickly. Wage benefits within 18 days if claim accepted.

Legal Disclaimer

This guide provides general information about filing workers' compensation claims in New York. Workers' comp law is complex and missing deadlines can permanently bar your claim. Consult a qualified New York workers' compensation attorney for advice about your specific situation.

Last updated: January 5, 2026