New York · Employment Law
What Should I Do If I Get Injured at Work in New York?
A step-by-step guide to reporting a New York workplace injury, getting treatment, filing Form C-3, preserving records, and protecting deadlines.
Get medical help and report the injury promptly
After an emergency, get immediate medical care. For a non-emergency injury, tell the employer or supervisor as soon as possible and ask how to obtain authorized treatment. Explain accurately that the condition arose from work and describe when, where, and how it happened. Do not minimize symptoms or exaggerate them.
The New York Workers' Compensation Board states that an injured worker must notify the employer within 30 days and that it is best to do so as soon as possible. Delayed notice can threaten benefits and make the facts harder to verify. Written notice creates a clearer record than relying only on a conversation.
Put the report in writing
A workplace incident report may be helpful, but keep your own dated copy. Identify the employer, work location, date and time, task being performed, body parts affected, witnesses, and the person who received notice. Correct material errors in writing instead of silently signing an inaccurate description.
Some injuries develop gradually or are occupational diseases rather than single accidents. Repetitive stress, hearing loss, exposure-related illness, and other conditions can involve a different factual timeline. Record when symptoms began, when they affected work, and when a medical provider connected them to employment.
- Employer and supervisor contact information
- Date, time, location, and work activity
- Witness names and available video
- Symptoms and affected body parts
- A copy or photograph of the submitted report
File Form C-3 with the Workers' Compensation Board
Telling an employer is not necessarily the same as filing a claim with the Board. The Board instructs workers to file Employee Claim Form C-3 as soon as possible. It states that Form C-3 generally must be filed within two years of the accident, or within two years after the worker knew or should have known that an occupational disease was caused by the nature of employment.
Do not treat two years as a reason to wait. A prompt filing can help establish the claim and reduce disputes about notice. Complete the form carefully, retain the confirmation and full copy, and update contact information when necessary. Prior injury to the same body part may also require Form C-3.3, a limited release of health information.
Understand medical treatment and work status
Workers' compensation medical care follows program rules. Tell each provider that the injury is work-related and confirm that required reports will be submitted. Keep appointment notes, prescriptions, test results, mileage or travel records where relevant, and every written work restriction.
Do not return to duties that contradict a medical restriction, and do not assume an employer understands a verbal limitation. Give the employer appropriate written work-status documentation. If modified duty is offered, compare the actual tasks with the provider's restrictions and promptly raise discrepancies through the proper channel.
Document lost wages and communications
Save pay stubs, schedules, overtime history, tax documents, time records, benefit statements, and notices about absence or termination. Wage replacement calculations and disputes can depend on earnings records and medical evidence about disability.
Keep a private chronological log of symptoms, treatment, missed work, conversations, forms, and decisions. Preserve original emails and messages. Avoid posting photographs or statements about the injury, physical activities, employer, or claim on social media; isolated posts can be misunderstood or used in a dispute.
What if the employer disputes the claim or retaliates?
An employer or insurer may dispute whether the accident occurred at work, whether notice was timely, whether treatment is related, or how much work the employee can perform. Read every Board notice and attend required hearings or appointments. Missing a deadline can affect the claim even when medical treatment is continuing.
New York law also addresses discrimination against an employee for claiming or attempting to claim workers' compensation benefits. Retaliation questions may involve separate procedures and deadlines. Preserve evidence and obtain advice rather than assuming the workers' compensation claim automatically resolves every employment issue.
When should you speak with a workers' compensation lawyer?
Consider obtaining New York-specific advice when the claim is denied, the injury is serious, wage payments stop, treatment is disputed, permanent impairment is possible, a hearing is scheduled, or a third party may have contributed to the accident. A construction incident, defective product, vehicle crash, or unsafe property may create questions beyond the compensation claim.
This article provides general information and does not determine eligibility or benefits. Current Board instructions, filed documents, medical evidence, and the facts of the employment relationship control an individual case.