How to File a NY Workers' Comp Claim
Injured at work? Follow these steps to seek compensation.
Work-related injuries occur every day. More than three million workers sustained nonfatal injuries in 2010 alone, in the private industry alone (according to the Bureau of Labor Statistics). 933,200 of these injuries resulted in missed work. A number of other workers were diagnosed with occupational diseases, medical conditions that were caused by their work environments or tasks they were required to perform for their jobs. What should you do if you have been injured? This page includes basic information about how to file a claim and what is involved in the claims process in New York.
If you've been injured or diagnosed with an illness that was caused by your job or work environment, you have several options in filing a claim. After reporting your accident, injury or illness to your employer, in writing, you can choose one of the following methods to file a workers' compensation Employee Claim (C-3) form with the New York State Workers' Compensation Board:
- Fill out the form online;
- Call the Board for help in filling out the form over the phone; or
- Fill out a paper form and mail it to your nearest Board office.
You must file this form within two years of the accident or when you knew or should have known that your illness or injury was work-related. You are also required to notify your employer within 30 days of the incident. Waiting too long to report the injury to your employer or file your claim form may mean that you will be ineligible for benefits.
You can find information straight from the New York State Workers' Compensation Board by clicking here: How to File a Claim. This page offers contact information and access to the appropriate claim forms as well as a list of NYS Workers' Compensation Board district offices so you can find the one closest to you.
Overview of the Claims Process
The workers' compensation claims process in New York may go as follows, though there may be some slight differences depending on the particular case:
- Immediately after the accident has occurred, the employee will seek medical treatment, inform his or her supervisor and notify his or her employer, in writing, of the incident. The employee must then file a claim form.
- The doctor treating the injured worker will file a preliminary report regarding the employee's medical condition and mail this to the appropriate Board office using form C-4, Doctor's Initial Report. This will be done within 48 hours of the incident.
- Within 10 days of receiving notification of the incident, the employer must report the injury to the insurance company and the NYS Workers' Compensation Board by filing form C-2, Employer's Report of Work-Related Injury/Illness.
- Within 14 days of receiving form C-2 or with the first workers' compensation payment, the insurance company must provide the injured worker with a statement of his or her rights.
- Workers' compensation benefit payments must start within 18 days of the insurer's receipt of form C-2 from the employer.
- The insurer will make payments every two weeks to the injured worker.
- Every 45 days, the doctor will submit form C-4.2, Doctor's Progress Report to inform the Board of the worker's status.
- If 12 weeks pass after the incident and the worker is still unable to return to work, the insurance company will consider rehabilitation treatment for the worker.
Interested in learning more? Contact Pasternack Tilker Napoli Bern, LLP for information that applies to your unique situation.