Filing a New York workers comp claim comes down to two deadlines and a few clear steps: report the injury to your employer, get medical care, and file with the state before the statute of limitations runs out. This guide walks through the New York process in plain English, with the exact deadlines you cannot miss. All figures are from New York sources, verified as of June 2026.
New York at a Glance
| Report to employer | 30 days (an injured worker must give written notice of the injury to the employer within 30 calendar days of the accident; failure to do so may forfeit the right to benefits) |
| Deadline to file | 2 years (statute of limitations to file a claim with the Board — measured from the date of accident; for occupational disease, within 2 years of disablement and after the worker knew or should have known the disease was work-related, per WKC §28) |
| Where to file | New York State Workers’ Compensation Board (WCB); file the Employee Claim, Form C-3, online at wcb.ny.gov, by phone 866-396-8314, by mail, or in person at a Board office. If there was a prior related injury, also file the Limited Release of Health Information, Form C-3.3 |
| Choose your doctor? | Yes, the injured worker generally chooses their own treating provider, but — except in an emergency — the provider must be authorized by the WCB to treat injured workers. Best practice is to pick a provider authorized by both the WCB and your health plan. Some self-insured employers/insurers use a certified network (PPO/Diagnostic Network) the worker may be required to use for certain services |
| Benefits start | Cash (lost-wage) benefits are not paid for the first 7 days of disability (a 7-day waiting period). If the disability extends beyond 14 days, benefits become payable retroactive to the first day of lost time. Payments are generally due within 18 days of the employer’s notice of injury (or 10 days of the employer learning of it) once the case is not disputed. The current maximum weekly benefit is 1222.42 for dates of injury from July 1, 2025 through June 30, 2026 |
In This New York Guide:
Filing a Workers’ Comp Claim in New York
Filing a New York workers comp claim comes down to two deadlines and a few clear steps: report the injury to your employer, get medical care, and file with the state before the statute of limitations runs out. This guide walks through the New York process in plain English, with the exact deadlines you cannot miss. All figures are from New York sources, verified as of June 2026.
How to File a Workers’ Comp Claim in New York
First steps: 1) Get medical care immediately (call 911/go to the ER for an emergency); 2) Tell the health care provider it is a work-related injury and give the employer’s name — do NOT use private health insurance or pay out of pocket; 3) Notify the employer in writing as soon as possible (within 30 days); 4) File Form C-3 with the Board within 2 years.
The treating provider also files an initial medical report (Form C-4) and the employer files Form C-2F with its insurer
1) Worker gets medical treatment and notifies employer in writing; 2) Worker files Form C-3 (claim) with the Board; provider files medical report (C-4); 3) Employer/insurer files report of injury and either begins paying benefits or disputes (controverts) the claim; 4) The Board assigns a case number and may resolve administratively or schedule a hearing before a Workers’ Compensation Law Judge (WCLJ); 5) The WCLJ establishes the claim,
sets the average weekly wage and degree of disability, and directs payment of indemnity and medical benefits; 6) Case continues with periodic medical reports and follow-up hearings as needed until classification/settlement
Choosing a Doctor in New York
Yes, the injured worker generally chooses their own treating provider, but — except in an emergency — the provider must be authorized by the WCB to treat injured workers. Best practice is to pick a provider authorized by both the WCB and your health plan. Some self-insured employers/insurers use a certified network (PPO/Diagnostic Network) the worker may be required to use for certain services
What to Do If Your New York Claim Is Denied
If the insurer controverts/denies the claim or disputes an issue, the Board schedules a hearing before a Workers’ Compensation Law Judge (WCLJ), who issues a decision. To challenge a WCLJ decision, file an Application for Board Review (Form RB-89; attorneys must use the current version) — a three-member Board Panel reviews it.
A Panel decision can be appealed to the full Board, then to the Appellate Division, Third Department, and ultimately the New York Court of Appeals. Many claimants use the Board’s free Advocate for Injured Workers; you may also confirm options with the Board and a licensed attorney
Appeal deadline: 30 days (an Application for Board Review/Form RB-89 must be filed within 30 days of the filing of the WCLJ’s decision; the opposing party then has 30 days to file a rebuttal)
Was your claim denied? A denial is not the end of the road in New York — many denials are overturned on appeal. A workers’ comp attorney can review your case, usually for a free consultation.
What Happens After You File in New York
Once your claim is filed in New York, the employer’s insurer reviews it and either accepts it, asks for more information, or denies it. If it is accepted, your medical treatment is covered and your wage benefits begin after the waiting period.
Keep copies of everything — the injury report, your medical records, and any letters from the insurer — because they are what protect your claim if there is ever a dispute.
Common Mistakes That Hurt a New York Claim
The two most common ways injured workers in New York lose benefits are missing a deadline and gaps in medical treatment. Report the injury in writing as soon as you can, see a doctor and follow the treatment plan, and do not assume a verbal mention to a supervisor counts as official notice.
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If anything about the process is unclear, your state workers’-comp board can walk you through the next step.
Other New York claim rules: New York runs all medical treatment under the Board’s Medical Treatment Guidelines, and most prescriptions/services flow through the insurer’s pharmacy and diagnostic networks. The treating provider (not just the worker) is required to file medical reports for the claim to proceed. Occupational disease and certain latent-injury claims use a different “disablement”-based 2-year clock under WKC §28 rather than the accident date.
Workers may get free help from the Board’s Advocate for Injured Workers
Filing Your New York Workers Comp Claim the Right Way
A New York workers comp claim stands or falls on two things: hitting the deadlines and documenting the injury. Report the injury to your employer within the state window, file the New York workers comp claim with the right agency before the statute of limitations runs out, and keep seeing your doctor.
Most denied claims come down to a missed deadline or a thin medical record — get both right and your New York workers comp claim is on solid ground.
Frequently Asked Questions
How long do I have to report a work injury in New York?
In New York, you generally must tell your employer within 30 days (an injured worker must give written notice of the injury to the employer within 30 calendar days of the accident; failure to do so may forfeit the right to benefits) of the injury. Report it in writing as soon as you can — waiting can put your benefits at risk.
How long do I have to file a workers’ comp claim in New York?
The New York statute of limitations to file is 2 years (statute of limitations to file a claim with the Board — measured from the date of accident; for occupational disease, within 2 years of disablement and after the worker knew or should have known the disease was work-related, per WKC §28).
Reporting the injury and filing the claim are two separate deadlines — do not rely on one to cover the other.
What if my New York workers’ comp claim is denied?
If the insurer controverts/denies the claim or disputes an issue, the Board schedules a hearing before a Workers’ Compensation Law Judge (WCLJ), who issues a decision. To challenge a WCLJ decision, file an Application for Board Review (Form RB-89; attorneys must use the current version) — a three-member Board Panel reviews it.
A Panel decision can be appealed to the full Board, then to the Appellate Division, Third Department, and ultimately the New York Court of Appeals. Many claimants use the Board’s free Advocate for Injured Workers; you may also confirm options with the Board and a licensed attorney
Official New York Sources & Resources
- New York New York State Workers’ Compensation Board: https://www.wcb.ny.gov/
- New York Workers’ Comp Statute: https://www.nysenate.gov/legislation/laws/WKC/28
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This New York workers comp claim guide was last verified against official sources in June 2026. Deadlines and procedures change — confirm the current rule with your state workers’-comp board or a licensed attorney.
More New York Workers’ Comp Guides
- New York Workers’ Comp Settlements
- New York Workers’ Comp Requirements (Employers)
- Workers’ Comp Guides for All 50 States
Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.