01Written employer notice and the C-3 claim
The New York Workers’ Compensation Board instructs injured workers to notify their employer in writing as soon as possible and within 30 days. Failure to provide timely notice may result in losing benefits.
The Board also instructs workers to file an Employee Claim, Form C-3, and generally notify the Board within two years. Occupational disease reporting has separate considerations. Keep proof of both employer notice and Board filing.
02What to bring if your claim or treatment is disputed
An attorney needs more than an injury description to assess a dispute. Save Board notices, insurer correspondence, medical reports, work restrictions and any hearing information.
Record your job duties, the date and location of the incident, who witnessed it and whom you told. If a prior injury or illness affects the same body part, provide that history rather than omitting it.
03Construction injuries can involve more than benefits
A construction-site injury may require evaluating the roles of an owner, general contractor, subcontractors and equipment suppliers. Do not assume every construction accident qualifies for a lawsuit or that workers’ compensation is the only possible route.
Ask counsel whether any third-party negligence or New York Labor Law theory applies to the specific task, equipment and site conditions. The legal tests and defenses differ from a benefits claim, and benefits paid can create reimbursement issues.
04Public entities and separate civil deadlines
A separate personal-injury lawsuit is not governed simply by the workers’ compensation reporting schedule. CPLR § 214 generally gives three years for personal-injury actions, subject to exceptions.
If New York City may be liable, the Comptroller’s guidance describes a notice-of-claim deadline generally within 90 days. Other public entities may have different rules. Tell an attorney about possible public ownership or control early.
- Save your employer notice and C-3 filing confirmation.
- Keep medical reports, pay statements and insurer decisions.
- Identify site owners, contractors and equipment involved.
- Ask which attorney will handle each type of claim and how fees are approved or agreed.
Common questions
Does telling my supervisor file my New York workers’ compensation claim?
Not by itself. Employer notice and filing with the Workers’ Compensation Board are distinct steps. Follow Board instructions and keep copies.
Can work injury attorneys review a third-party claim too?
Some do, while others focus on benefits matters. Confirm the attorney’s practice areas and ask how separate claims and any reimbursement rights would be coordinated.
Sources
We link to primary and official sources so you can check the details yourself. Laws change; confirm current rules with a licensed attorney.
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