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Workers' compensation in New York: how to report a work injury and file a claim

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

If you are hurt or become ill because of your job in New York, workers' compensation pays your medical care and, if you miss more than a week of work, part of your lost wages — no matter who was at fault. Tell your employer in writing within 30 days of the accident (Workers' Compensation Law § 18), and file an Employee Claim (Form C-3) with the Workers' Compensation Board as soon as you can, and no later than two years after the accident (§ 28). Lost-wage benefits are two-thirds of your average weekly wage times your degree of disability, up to a weekly maximum. Your employer can't punish you for claiming (§ 120).

Read on for the details, the exceptions and the sources.

In plain words

Workers' Compensation Board (WCB)
The state agency that handles work-injury claims and holds hearings when the insurer disputes them.
Form C-3
The Employee Claim form. Filing it is how you tell the Board about your injury.
Average weekly wage
Your typical gross weekly pay before the injury, used to figure your benefit.
Degree of disability
How much the injury limits your ability to work, as a percentage, based on medical reports.
Carrier
Your employer's workers' compensation insurance company.

What workers' comp covers

Under Workers' Compensation Law § 10, an employer must provide compensation for disability or death from injury arising out of and in the course of employment, without regard to fault. There are narrow exceptions, such as injuries caused solely by your intoxication on duty or a deliberate attempt to injure yourself or someone else. The employer must provide medical treatment for as long as the injury requires (§ 13).

Workers' comp is generally your only remedy against your own employer (§ 11): in most cases you cannot sue your employer for a work injury. You may still have a separate claim against someone else who caused it, such as a negligent driver or equipment maker.

Where to go

Tell your employer first, in writing. Then file with the New York State Workers' Compensation Board: download the Employee Claim (Form C-3) and mail it to the Board, or email it as a digital file. If you don't have a computer, the Board says you can visit any Workers' Compensation Board office to file. Get medical care right away, and tell the provider the injury happened at work.

What documents you need

  • Your written notice to your employer and proof of when you gave it
  • Form C-3 (Employee Claim), which asks for your gross wages per pay period
  • Names and addresses of any other employers you worked for when you were hurt
  • Name and address of the doctor or hospital that first treated you
  • Form C-3.3 (Limited Release of Health Information) if you hurt the same body part before or had a similar illness
  • Medical records, bills, pay stubs and the names of witnesses

Fees and costs

Filing a claim with the Board costs nothing. If you hire a lawyer, the lawyer's fee isn't enforceable unless the Board approves it (WCL § 24), and it is set by a schedule tied to the benefits awarded. You don't pay your work-related medical bills yourself when the claim is accepted: the employer's carrier is liable for necessary treatment (§ 13).

Deadlines

  • Notice to your employer: in writing, within 30 days after the accident (WCL § 18). Missing it can bar the claim unless the Board excuses it — for example because the employer already knew or wasn't harmed by the delay. Don't rely on an excuse: give notice right away.
  • Claim to the Board (Form C-3): within two years after the accident (§ 28). For an occupational disease, within two years after you were disabled and knew or should have known the disease was caused by your work.
  • Appeal of a judge's decision: an application for Board review within 30 days after notice of the decision is filed (§ 23).
  • Retaliation complaint: within two years of the retaliation (§ 120).

Step by step

  1. Get medical care

    Get treatment and tell the provider it's a work injury, so the bill goes to the workers' comp carrier.

  2. Tell your employer in writing

    Within 30 days. State the date, place, what happened and the injury. Keep a copy. Your employer must report injuries that cause lost time beyond the day of the accident or need more than first aid (WCL § 110).

  3. File Form C-3 with the Board

    Do it as soon as possible, online or on paper. Include your wages and your first treating provider.

  4. Keep records

    Save medical reports, work notes, pay stubs and every letter from the Board or the carrier. Track the days you miss.

  5. Follow the claim

    The Board assigns a case number. If the carrier accepts the claim, payments begin; if it disputes the claim, a Workers' Compensation Law Judge holds a hearing and decides.

How much you may get

Lost-wage benefits aren't paid for the first seven days of disability, but if you're out more than 14 days, they are paid from the first day (WCL § 12). Medical care is covered from day one.

The weekly benefit is two-thirds × your average weekly wage × your percentage of disability. The Board's example: someone earning $500 a week who is totally disabled gets $333.33; at 50% disability, $166.67. The benefit can't be more than the maximum for your date of accident — $1,281.50 a week for accidents from July 1, 2026 to June 30, 2027 — or less than the minimum ($384.45, or your actual wages if lower). If you go back to work at lower pay because of the injury, you may get two-thirds of the difference.

What happens next

The Board says that when the carrier accepts a claim, payments should begin within 18 days of the injury or within 10 days after your employer learned of it, whichever is later. If the carrier disputes the claim, you wait for a judge to decide; in the meantime you may be able to receive New York disability benefits, which would be deducted from a later award.

If you disagree with a judge's decision, you can ask for Board review within 30 days, and later appeal to the Appellate Division, Third Department (WCL § 23). If your employer fires or punishes you for claiming, the Board can order reinstatement and lost pay (§ 120).

Figures that change

  • Maximum weekly benefit (accidents July 1, 2026 – June 30, 2027): $1,281.50 (as of 2026-10-30; Schedule of Maximum Weekly Benefit)
  • Minimum weekly benefit (same period): $384.45, or actual wages if less (as of 2026-10-30; Schedule of Maximum Weekly Benefit)

Frequently asked questions

Does it matter whose fault the accident was?

Generally no. Workers' compensation is paid without regard to fault (WCL § 10), with narrow exceptions such as injuries caused solely by being intoxicated on duty or by deliberately trying to hurt yourself or someone else.

Can I sue my employer instead?

Usually not. Under WCL § 11, workers' comp is generally the exclusive remedy against your employer. A key exception is when the employer failed to carry the required coverage. You may be able to sue a third party who caused the injury.

I told my boss out loud. Is that enough?

The law asks for written notice within 30 days (§ 18). If your employer knew about the accident, the Board may excuse a missing written notice, but send a written notice now anyway and keep a copy.

My employer says I'm a contractor, not an employee.

File the C-3 anyway, within the deadlines, and describe how you actually worked: who set your hours, supplied tools and paid you. Whether you are covered depends on the facts, and a dispute about it can be raised before the Board. A workers' comp lawyer can tell you how strong your position is.

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.