If you got hurt on the job in New York, the form that officially opens your case is the C-3 (Employee Claim). Filing it tells the New York Workers’ Compensation Board that you are claiming benefits, and it starts the clock on getting your medical bills and lost wages covered. Here is exactly how to file a workers’ comp claim in New York, step by step, so nothing falls through the cracks.
Do this first: tell your employer
Filing the C-3 is not your first move. New York law expects you to give written notice to your employer within 30 days of the accident (or, for an illness that builds up over time, within 30 days of when you knew it was work-related). Tell your supervisor in writing, keep a copy, and write down the date.
Reporting fast matters. If you wait too long, the insurance company can argue it was prejudiced by the delay and try to deny the claim. A quick written note protects you even before the paperwork is done.
Step 1: Get care and put “it happened at work” on the record
See a doctor as soon as you can. Tell the provider clearly that the injury happened at work and describe how. That single sentence in your medical record helps prove causal relationship later, which is the link between your job and your injury that the claim depends on.
In most non-emergency situations you must treat with a provider authorized by the Workers’ Compensation Board. The doctor files their own medical reports with the Board, and those reports become key evidence in your case.
Step 2: Fill out the C-3 (Employee Claim)
The C-3 is your formal claim. You can file it:
- Online through the Board’s website at wcb.ny.gov (the fastest way), or
- By phone at the Board’s claims line, or
- By mail using the paper form.
Have this information ready before you start:
- Your name, address, and Social Security number
- Your employer’s name and address
- The date, time, and place of the accident
- Exactly how the injury happened and which body parts were hurt
- Your job title and your wages (this helps set your Average Weekly Wage, the figure that drives your benefit amount)
- The names of any doctors or hospitals that treated you
- Names of any witnesses
Be specific and honest. Vague answers slow the claim down, and filing false information can trigger a §114-a fraud charge that can cost you your benefits. Write what actually happened. Filing is free, by the way, you do not pay anything out of pocket to open a claim.
Key NY workers’ comp forms
The C-3 is the one you file, but a few other forms show up in a typical New York claim. Here is who handles each:
| Form | Purpose | Who files it |
|---|---|---|
| C-3 | Employee Claim that opens your case | You (the injured worker) |
| C-4 | Doctor’s report on the injury and treatment | Your treating provider |
| C-2F | Employer’s report of the work injury | Your employer |
| C-8.1 | Objection to a treatment or bill | The insurance carrier |
| RB-89 | Application for Board review (appeal) | The party appealing a decision |
Step 3: File on time
You generally have two years from the date of the accident to file the C-3, a separate clock from the 30-day notice (see NY workers’ comp deadlines for how the two interact). For an occupational disease, the two-year window usually runs from when you knew (or should have known) the condition was caused by your work. Do not wait until the deadline; the sooner you file, the sooner benefits can start. If your employer says they will “take care of it,” protect yourself and file the C-3 anyway. The employer reports the injury on their own form (the C-2F), but only your C-3 secures your right to claim benefits and preserves your deadline.
Step 4: Know what happens after you file
Once your C-3 reaches the Board, the case gets a number and the insurer must respond. A few things can happen:
- The claim is accepted. Wage benefits start after the 7-day waiting period. (If your disability lasts more than 14 days, that first week gets paid too.)
- The claim is controverted (disputed). The insurer files a notice contesting the claim. This does not mean you lose. It means a Workers’ Compensation Law Judge (WCLJ) will hold a hearing and decide.
- A hearing is scheduled. You may be asked questions, and medical evidence is reviewed. If you disagree with the judge’s decision, you can appeal by filing an RB-89 within 30 days.
The insurer may also send you to an Independent Medical Examination (IME) with a doctor it chooses. Go to it, be honest, and keep your own treating doctor too.
Step 5: Keep records and stay in treatment
Your claim lives and dies on documentation. Keep a folder (paper or digital) with:
- Your written notice to the employer and the date you gave it
- A copy of your filed C-3
- Every doctor’s note, work-status slip, and bill
- A simple log of missed workdays and reduced hours
- Any letters from the insurer or the Board
Keep going to your appointments. Gaps in treatment are one of the most common reasons benefits get reduced or cut off, because the insurer argues you must have recovered.
A note on lawsuits while you are at it: under Workers’ Compensation Law §11, comp is generally your exclusive remedy against your employer, meaning you cannot sue them for negligence. Narrow exceptions exist (for example, if the employer illegally carried no workers’ comp insurance, or committed a true intentional act). A separate lawsuit may be possible against an outside party who is not your employer, such as a negligent driver or a different contractor on a job site, but that is a separate civil case from your comp claim.
Deadlines at a glance
Keep these dates and forms in order, this is the spine of a clean filing:
- Day of injury — get care, say it happened at work, treat with a Board-authorized provider.
- Within 30 days — give written notice to your employer; keep a dated copy.
- After day 7 — wage benefits can begin once the 7-day waiting period passes (first week paid if disability tops 14 days).
- Within 2 years — file Form C-3 with the Workers’ Compensation Board (online at wcb.ny.gov is fastest).
- After filing — respond to the insurer’s decision and attend any IME or hearing.
- Within 30 days of an unfavorable decision — file an RB-89 to appeal.
Related on NY Work Claim
- NY workers’ comp deadlines: 30-day notice and 2-year limit
- Choosing a workers’ comp doctor in New York
- More in Filing Your Claim
Filing the C-3 correctly the first time saves weeks of delay. If you want a second set of eyes before you file, or your claim has already been disputed, a New York work-injury attorney can review your situation at no cost.
*This article is general information, not legal advice. Workers’ comp rules can turn on small facts, so consult a New York attorney about your specific situation, and use the official Board resources at wcb.ny.gov.*