In New York workers’ compensation, two deadlines decide whether your claim survives: you must tell your employer within 30 days of the injury, and you must file your claim within 2 years. Miss them and the insurer can fight your case before it even starts. Here is what each deadline means, when the clock starts, and what to do if you think you are already late.
Clock one: 30 days to notify your employer
New York law expects you to notify your employer within 30 days of a work accident. For a sudden injury, the clock starts the day it happened. For an injury that builds up over time, or an illness from on-the-job exposure, the 30 days generally start when you knew (or reasonably should have known) the condition was connected to your work.
Put it in writing
You can tell your supervisor verbally, but written notice is far stronger. A short note, an email, or a text creates a dated record. Include:
- The date and time of the accident
- Where it happened
- How you got hurt and which body parts are affected
Keep a copy. If the insurer later claims you “never reported it,” your dated written notice answers that argument. Note that this is a different step from filing your claim, telling your employer within 30 days is not the same as submitting Form C-3 to the Board. You need to do both.
If you miss the 30 days
Missing the 30-day mark is not always fatal. A Workers’ Compensation Law Judge can excuse late notice in certain situations, for example when:
- The employer (or its insurer) already knew about the injury
- You could not give notice because of your physical condition
- The employer was not actually harmed (prejudiced) by the delay
You do not automatically lose. But late notice gives the insurer an opening to dispute the claim, so report as soon as you possibly can.
Clock two: 2 years to file with the Board
Separate from notice, you must file your claim with the Workers’ Compensation Board within 2 years. This is the statute of limitations, and it is the deadline people most often confuse with the 30-day notice. They are two different clocks.
You file by submitting Form C-3 (Employee Claim) to the Board, fastest done online at wcb.ny.gov. Seeing a doctor does not count as filing, medical reports help your case, but they do not replace your C-3.
When the 2 years start
- Accident injuries: generally from the date of the accident.
- Occupational disease or repetitive injury: generally from when you became disabled and knew (or should have known) the condition was work-related. Because that date can be hard to pin down, it is risky to guess. File early.
The two clocks side by side
People mix up these two deadlines constantly, so here they are side by side:
| Deadline | What it is | If you miss it |
|---|---|---|
| 30 days | Written notice of the injury to your employer | Insurer can dispute; a judge may excuse late notice in some cases |
| 2 years | File Form C-3 with the Workers’ Compensation Board | Generally bars the claim (statute of limitations) |
The link between them: notifying your employer is not the same as filing your claim. You must do both. For the filing mechanics, see how to file a workers’ comp claim (Form C-3).
The waiting period: a different kind of timing
Once your claim is moving, there is one more piece of timing worth knowing. New York has a 7-day waiting period before cash wage benefits begin. You are not paid for the first seven days of disability unless your disability lasts longer than 14 days, in which case that first week gets paid back to you. Medical care is covered from day one regardless of the waiting period.
More clocks once your claim is open
The first two deadlines get your claim started, but more clocks appear later. A couple to watch:
- IME and hearings: If the insurer sends you to an Independent Medical Examination (IME) or the Board schedules a hearing before a WCLJ, attend. Missing these can stall or hurt your case.
- Appeals (RB-89): If you disagree with a judge’s decision, you generally have 30 days to file an RB-89 application for Board review. This is a strict deadline.
Timing traps that catch New York workers
A few situations trip people up because the deadline does not start when they expect:
- “It didn’t seem serious at first.” A sore shoulder you ignored for weeks can become a real injury. The 30-day notice and the 2-year filing clocks may already be running from the original incident, so report and file even if you are unsure how bad it is.
- Repetitive or cumulative injuries. Conditions like carpal tunnel or a worn-down back from years of lifting do not have a single “accident date.” The deadlines generally tie to when you became disabled and connected the problem to your job. Pinning that date is judgment-heavy, which is exactly why filing early protects you. If you got hurt over a year ago and never filed, you may still be inside the 2-year window, and late notice can sometimes be excused, so get your dates reviewed quickly rather than assuming the worst.
- You returned to work and reinjured the same area. A new accident can start a fresh clock, but it can also be treated as a continuation of the old claim. The facts matter, so document each event separately.
- The employer “handled it” informally. Getting first aid or a few covered visits does not file your claim or stop the 2-year limit. Only your Form C-3 does that.
Building proof you gave notice on time
If the insurer disputes notice, you want evidence, not just your word. Build it as you go:
- Send written notice in a way that creates a timestamp, such as an email or text, and keep the copy.
- Note who you told (name and title) and when.
- Save any incident report, sign-in sheet, or accident log from work.
- Ask a witness to jot down what they saw and when you reported it.
A short paper trail turns a “he said, she said” argument into a clear record, and it can be the deciding factor if a Workers’ Compensation Law Judge has to weigh whether your notice was timely.
Deadlines at a glance
Here is the whole sequence in order, two separate clocks up front, then the timing that follows:
- Day 0 — Injury happens. Get medical care; say it was work-related.
- Within 30 days — Give written notice to your employer (clock one).
- Day 8 onward — Wage benefits can begin after the 7-day waiting period (first week paid if disability tops 14 days).
- Within 2 years — File Form C-3 with the Board (clock two; online at wcb.ny.gov is fastest).
- If sent to an IME or a hearing — Attend; missing these can stall your case.
- Within 30 days of an unfavorable decision — File an RB-89 appeal (a strict deadline).
Related on NY Work Claim
- How to file a workers’ comp claim in New York (Form C-3)
- Choosing a workers’ comp doctor in New York
- More in Filing Your Claim
These two clocks are where strong claims quietly fall apart, especially with occupational illnesses where the start date is fuzzy. If you are unsure which clock applies to you or worry you may already be late, a New York work-injury attorney can review your dates at no cost and tell you where you actually stand.
*This article is general information, not legal advice. Deadline rules can depend on the specific facts of your injury, so consult a New York attorney about your situation and confirm details with the official Board resources at wcb.ny.gov.*