WorkersCompDecodedIndependent guide · New York edition
Reviewed against NYS WCB primary sources · Last reviewed August 2026

For injured workers

How to file a New York workers' comp claim

Missing a deadline is the single most common way a valid claim gets denied. Here's the sequence — and the exact clock on each step.

Key facts

Get medical care immediately

In an emergency, see anyone. Otherwise use a WCB-authorized provider — tell them it's a work injury and give the employer/insurer names. You don't pay; the carrier does.

Notify your employer in writing — within 30 days

WCL §18. Put it in writing and keep a copy. Verbal notice is risky.

File the Employee Claim (Form C-3) — within 2 years

WCL §28. File online at wcb.ny.gov, by phone at (877) 632-4996, or by mail to PO Box 5205, Binghamton, NY 13902-5205. For an occupational disease, the 2 years runs from when you knew it was work-related.

Your employer files its report; the carrier responds

The employer files the C-2F; the Board indexes the case; the carrier either starts paying or files a Notice of Controversy to dispute it.

Track everything in eCase / OnBoard

The Board's online systems let you follow your case, documents, and hearings.

The deadline table

Statutory clocks in a NY workers' comp claim
WhoMust doBy whenAuthority
WorkerWritten notice to employer30 daysWCL §18
WorkerFile claim (Form C-3)2 yearsWCL §28
Worker (hearing loss)File after leaving the noise3 monthsWCL §49-bb
EmployerFile injury report (C-2F)10–18 daysWCL §110
InsurerBegin first payment (>7 lost days)≈18 daysWCL §25(1)
InsurerFile Notice of Controversy25 daysWCL §25(2)
Any partyAppeal a judge's decision (RB-89)30 daysWCL §23
Medical forms changed — ignore old adviceThe old C-4 medical report series was discontinued July 1, 2022. Providers now bill on the CMS-1500 form plus a narrative through the Board's OnBoard system, and electronic submission has been mandatory since Aug 1, 2025. If a site tells you to file "a C-4," it's out of date.

Key forms

C-3
Employee Claim — the form that starts your case.
C-3.3
Limited Release of Health Information (prior injury to same body part).
C-257
Claimant's Record of Medical & Travel Expenses (mileage).
C-2F
Employer's Report of Work-Related Injury/Illness.
CMS-1500
Provider medical billing form (replaced the C-4 series).
RB-89
Application for Board Review — appeal a decision.
DC-120
Discrimination Complaint — for §120 retaliation.
C-32
Section 32 Settlement (Waiver) Agreement.

All forms are on the Board's site at wcb.ny.gov under Forms. Many can now be filed online through OnBoard/eCase.

The life of a claim, start to finish

Every New York workers' comp claim moves through the same arc. Here it is end to end — the amber points are your hard deadlines.

Day 0

The injury happens

Get medical care from a WCB-authorized provider (anyone in an emergency).

Within 30 days

Notify your employer in writing

Required by WCL §18 — keep a copy.

Within 2 years

File the Employee Claim (C-3)

The statute of limitations under WCL §28.

~10 days

Employer files its report

The C-2F goes to the carrier and the Board.

Days

The Board assembles/indexes the case

Parties are notified; the claim is now active.

~18 days

Carrier pays or controverts

Payments begin, or the insurer files a Notice of Controversy to dispute.

Ongoing

Treatment & lost-wage checks

Weekly benefits continue while you are disabled and losing wages.

At MMI

Maximum Medical Improvement

Your condition stabilizes; permanency is evaluated.

Classification

Permanency award is set

A Schedule Loss of Use award, or a non-schedule (LWEC) classification.

Any time

Hearings & appeals if disputed

A judge decides contested issues; either side can appeal within 30 days.

Optional

Section 32 settlement

A voluntary, Board-approved lump-sum can close the case.

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