How to File a Workers' Comp Claim in New York
New York has its own workers' compensation system administered by the Workers' Compensation Board (WCB). Here's how to file your claim, step by step.
In this guide:
Step 1: Report Your Injury to Your Employer
Notify your employer in writing within 30 days of your injury. While verbal notice is technically acceptable, written notice creates a record and is strongly recommended.
Your employer must then report the injury to their insurance carrier and to the WCB.
Step 2: Get Medical Treatment
See an authorized medical provider as soon as possible. In New York, you must be treated by a provider authorized by the WCB (except for the first 30 days or in an emergency).
Your doctor will file a medical report (Form C-4) with the WCB documenting your injury and treatment.
Step 3: File Form C-2
File Form C-2 (Employee Claim) with the New York WCB. You have 2 years from the date of injury, but file as soon as possible.
For occupational diseases, file Form C-3 instead.
The form requires: - Your personal information and Social Security number - Employer information - Date, time, place, and nature of injury - Body parts affected - Witnesses
Filing methods: Online via the WCB website, by mail, or in person at a WCB district office.
Step 4: What Happens After You File
The WCB assigns your case a claim number. The insurer investigates and decides whether to accept ("consent") or contest ("controvert") your claim.
If accepted: Benefits begin. You receive medical treatment and may receive temporary disability payments (2/3 of your average weekly wage, capped at the state maximum).
If contested: The WCB will schedule a hearing before a Workers' Compensation Law Judge. You have the right to attend and present evidence.
NY-Specific Rules
- - New York provides WCB forms in 8+ languages: English, Spanish, Chinese, Korean, Haitian Creole, Russian, Italian, and Polish.
- - Construction workers have additional protections under the Scaffolding Law (Labor Law §240/241).
- - You cannot be fired or discriminated against for filing a claim (WCL §120).
- - New York has no waiting period — benefits start from day one of missed work if disability lasts more than 7 days.
Appeals and When to Get a Lawyer
Appeal path: Law Judge decision → Full Board Panel review → Appellate Division (Third Department) → Court of Appeals.
When to get a lawyer: - Your claim is contested - You have a schedule loss of use (SLU) evaluation - Your case involves a serious or permanent injury - The insurer cuts off your benefits
Most NY workers' comp attorneys work on contingency (typically a percentage set by the WCB).