A work injury can leave you with medical appointments, missed paychecks, and an insurance company asking questions before you have had time to heal. Workers’ compensation in New York is designed to cover medical care and some lost wages, but the claim process has firm deadlines that catch many workers off guard.
The Stein Law Group helps injured workers across New York City with workers’ compensation claims, denials, and appeals. Whether you work in Queens, Brooklyn, the Bronx, or Washington Heights, our personal injury lawyers can review your situation and explain the steps and deadlines that apply to you.
How Do You File a Workers’ Compensation Claim in New York?
You file with two parties: your employer and the New York State Workers’ Compensation Board. The Board’s claim filing guidance explains that you must notify your employer within 30 days and file an Employee Claim (Form C-3) within two years, and that missing the 30-day notice may cost you your right to benefits. The steps below follow the Board’s guidance.
- Notify your employer: Tell your employer in writing when, where, and how you were hurt, within 30 days of the injury.
- Get medical care: Ask your doctor to send reports to the Board and to your employer’s insurance carrier.
- File Form C-3: Submit the Employee Claim to the Board as soon as possible, and no later than two years after the accident.
- Add Form C-3.3 if needed: File this form too if you injured the same body part before or had a similar illness.
Each step has its own paperwork, and a mistake or a missed date can slow a claim or put benefits at risk. We can help you complete the forms and keep your claim on schedule.
What Happens After You File?
Your employer or its insurer may accept the claim and begin paying benefits, or it may dispute the claim. The table below shows common situations and what they may mean for you.
| Situation | What It May Mean |
|---|---|
| Out of work more than seven days | Lost wage benefits may be available, so keep a record of the days you miss. |
| Claim disputed | The Board needs medical reports, and it states that it strives to resolve most disputed cases within 90 days. |
| Claim denied | You may have appeal rights, and each step carries its own deadline. |
| Same body part hurt before | Form C-3.3 must be filed along with Form C-3. |
If your situation falls into the disputed or denied rows, talking with a lawyer early can help you protect your appeal options.
What Can You Do If Your Claim Is Denied or Disputed?
You can challenge the decision. Insurers commonly question whether the injury is work related, how serious it is, whether a past injury caused it, or whether you gave notice in time. We help gather medical records, prepare you for a hearing before a workers’ compensation law judge, and pursue Board review and further appeals where they are available.
Did a fall from a ladder or scaffold cause your injury? A separate claim against someone other than your employer may be possible in some cases, and our construction accident lawyers can review that question with you.
Where Do We Help Injured Workers in New York City?
We help injured workers through offices and local pages across the city. You can learn more about workers’ compensation in your area through our Queens workers’ compensation lawyer page, our Brooklyn workers’ compensation lawyer page, and our Washington Heights workers’ compensation lawyer page.
Workers in the Bronx can review our Highbridge workers’ compensation attorney and Concourse Haven workers’ compensation attorney pages.
How Much Does a Workers’ Compensation Lawyer Cost?
We are paid from a portion of the benefits you receive, and the portion is subject to approval. If we cannot secure benefits in your case, you owe us no attorney’s fees. We can take your case at any stage, from the first application through a final appeal.
We also offer free consultations, so you can learn where your claim stands before you make any decision.
Workers’ Compensation FAQs
These answers cover questions we hear often from injured workers in New York City.
Does it matter who caused my work injury?
Generally, no. Workers’ compensation does not depend on fault, so benefits may be available even if the injury was an accident or your own mistake.
How long do I have to report a work injury?
You must notify your employer within 30 days, and you should do it in writing. You then have two years to file Form C-3 with the Board, though filing as soon as possible is best.
What if my employer says the injury is not work related?
The employer or insurer may dispute the claim. The Board will look at medical reports on your injury, and you may be able to present your case at a hearing.
Can I claim an injury that developed over time?
Conditions caused by the nature of your job can qualify. For these claims, the two-year period runs from when you knew, or should have known, that the condition came from your work.
Do I need a lawyer for a workers’ compensation claim?
Not every claim requires one, but a lawyer may help when a claim is denied, disputed, or delayed. We can review your situation and tell you where you stand.
Contact The Stein Law Group About Your Workers’ Compensation Claim
A workers’ compensation claim moves quickly, and the first 30 days matter. We can explain your options, check your deadlines, and handle the paperwork and hearings so you can focus on recovering. You can learn more about our attorneys and firm before you reach out.
The Stein Law Group offers free consultations to injured workers across New York City. Contact us to schedule your free consultation.