How do I file a workers compensation claim in New York?

New York workers' compensation is administered by the New York State Workers' Compensation Board (WCB) under the Workers' Compensation Law (WCL).

1. Who Is Covered

Virtually all employees in New York, including part-time, seasonal, undocumented, and minors (WCL § 2(4)).

Employers with 1 or more employees generally must carry coverage (WCL § 50).

Independent contractors usually excluded; sole proprietors and partners may opt out.

Agricultural workers covered if total payroll ≥ $1,200/year.

2. Notice to Employer — 30 Days, Written

Under WCL § 18, the employee must give written notice to the employer within 30 days of injury or onset of occupational disease.

Failure can bar the claim unless excused (employer not prejudiced, knew of injury, etc.).

3. Filing Deadline — 2 Years

File Form C-3 (Employee Claim) with the WCB within 2 years of the accident (WCL § 28).

For occupational disease: 2 years from disablement or knowledge of work-relatedness.

File online at wcb.ny.gov.

4. Weekly Benefit Calculation

Weekly benefit = 2/3 × Average Weekly Wage (AWW) × Percentage of Disability (WCL § 15).

2024 maximum: $1,222.49/week (100% of SAWW); minimum: $150/week (or actual AWW if lower).

Total disability = 100%; partial disability = lower percentage based on medical reports.

5. Maximum Benefit Period

Permanent Total Disability: lifetime benefits.

Temporary Total/Partial Disability: until maximum medical improvement (MMI).

Non-Schedule Permanent Partial Disability (PPD): capped by 2007 reforms at 225 to 525 weeks depending on loss of wage-earning capacity (WCL § 15(3)(w)).

Schedule Loss of Use (SLU): fixed weeks per body part (e.g., arm = 312 weeks × disability % × 2/3 AWW).

6. Medical Treatment — Employee Chooses Doctor

New York is employee-friendly on medical choice: you may select any health care provider authorized by the WCB (WCL § 13).

For employers in a Preferred Provider Organization (PPO): must use PPO doctor for the first 30 days.

Medical treatment guidelines (MTGs) govern care for common injuries (back, neck, knee, shoulder, carpal tunnel).

7. Choice of Doctor

Broad — choose any WCB-authorized provider; PPO restriction only first 30 days if employer uses one.

8. Attorney Fees

Set by the Workers' Compensation Law Judge as a reasonable percentage of the award, typically 10-15% (WCL § 24); fees come out of the claimant's award.

Fees must be approved by the Board.

9. Disability Benefits Law (Non-Work Injuries)

New York also has Disability Benefits Law (DBL) for off-the-job injuries — separate from workers' comp.

10. Retaliation

WCL § 120 prohibits employer retaliation for filing a workers' comp claim.

This is legal information, not legal advice.