How do I file a workers' compensation claim in New York?
New York's system is governed by the Workers' Compensation Law (WCL) and administered by the NYS Workers' Compensation Board.
1. Coverage
Virtually all employers with 1+ employee must carry coverage (WCL § 10). Excluded: certain clergy, some real estate brokers, sole proprietors and partners (may opt in), and qualified independent contractors. Domestic workers in private homes covered if working 40+ hours per week.
2. Notice to Employer
Provide written notice within 30 days of injury (WCL § 18). Verbal notice does not satisfy the statute.
3. Claim Filing
File Form C-3 (Employee Claim) with the WCB within 2 years of the accident or knowledge of occupational disease (WCL § 28). The Board assigns a case number and schedules a hearing if disputed.
4. Benefits
Medical treatment fully covered by authorized providers. Temporary Total Disability pays 2/3 of average weekly wage up to the state max (about $1,222/week for injuries on/after 7/1/2025). Schedule Loss of Use awards for permanent partial loss of body parts (WCL § 15(3)). Non-schedule permanent partial benefits capped at 225–525 weeks based on loss-of-wage-earning-capacity. PTD pays for life. Death benefits to dependents plus $12,500 funeral.
5. Independent Medical Exam (IME)
The carrier may require an IME by a Board-authorized examiner (WCL § 137). The IME report must be served on the claimant.
6. Choice of Doctor
Employee chooses any treating physician authorized by the Board (WCL § 13-a), unless the employer participates in a Preferred Provider Organization for the first 30 days.
7. Denied Claim / Appeal
A Workers' Compensation Law Judge (WCLJ) holds a hearing. Appeal to a Board Panel within 30 days, then to the full Board, then to the Appellate Division, Third Department.
8. Third-Party Suit
Section 29 allows suit against a negligent third party. Carrier has a lien for benefits paid, reduced by attorney's fees (Kelly v. State Insurance Fund formula).
This is legal information, not legal advice.
- Loss-of-wage-earning-capacity classification dispute
- Section 32 lump-sum settlement negotiation
- Third-party construction accident with Labor Law § 240 claim
- N.Y. Workers' Comp. Law § 10
- N.Y. Workers' Comp. Law § 13-a
- N.Y. Workers' Comp. Law § 15
- N.Y. Workers' Comp. Law § 18
- N.Y. Workers' Comp. Law § 28
- N.Y. Workers' Comp. Law § 29
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.