Atticus offers free, high-quality workers' compensation advice to those injured at work. Our team of Stanford and Harvard trained lawyers has a combined 15+ years of legal experience, and help thousands of Americans get the benefits they deserve each year.
If you work in New York and get sick or injured on the job, you could be eligible for workers’ compensation. Your first step is filing a claim and even though you can get started with a single form, the process can still be long and daunting. It’s also hard to know what your next steps are and what to do if something goes wrong. This guide will explain who qualifies, how to file for workers' comp in New York, and what to expect after you submit your claim.
Most workers in New York can qualify for workers’ compensation if they get sick or injured on the job, and it requires them to miss at least seven days of work. Types of workers who qualify include
Unsure if you qualify? Fill out our 2-minute workers’ comp quiz and we can help you figure out if you qualify.
Unpaid volunteers at nonprofits and independent contractors don’t qualify for workers' comp in New York, with the exception of first responders and firefighters. Note that workers in construction and transportation have specific rules to determine who qualifies as independent contractors.
Before you file a workers' comp claim, tell your employer about your injury in writing as soon as possible. Your employer needs to notify their workers’ comp insurer, and the insurance company is who pays your workers’ comp benefits.
Next, you need to file Form C-3 within two years of your injury date or you’re no longer eligible for New York workers’ comp benefits. Ideally you should file the C-3 form within 30 days. The sooner you submit your application, the sooner you can get workers’ comp payments and other benefits.
New York’s workers' comp department, the Workers’ Compensation Board offers multiple ways to submit your Form C-3:
One filing option in the future might be to find the nearest Workers’ Compensation Board office and complete the form in person, though as of November 2022, offices are closed to the public due to the COVID-19 pandemic.
Before you file, gather the following information to make filling out Form C-3 as easy as possible:
The form will also ask you to give a detailed description of what you were doing at work when you were injured or sick, including the body parts affected.
After you file for New York workers' comp, the state’s Workers’ Compensation Board will review your application and reach out if they need more information. In some cases they’ll schedule a hearing to confirm the details of your claim and decide whether you qualify for benefits.
At the same time, your employer’s insurance company should be processing your claim. If they accept it, they should generally start paying your medical bills and sending payments within 18 days of learning about your injury. If they challenge your claim, you may also need to attend a hearing. Talking with a lawyer could be a big help if your claim is denied.
Learn more in our full guide to New York workers' comp.
Here’s a basic rundown of the what to expect during the process:
Filing for workers' comp in New York City works the same way as it does everywhere else in the state. The city doesn’t have any specific workers’ comp laws.
Similarly, if you need to hire a workers’ comp lawyer at any time, you can hire a lawyer anywhere in the state of New York. Since the law is the same in all of New York, don’t limit your search to just the five boroughs if you’re having trouble finding a good fit.
Related: How to find a qualified workers’ comp lawyer
The workers’ comp process can be complicated, with many deadlines and requirements you need to meet. Working with your employer’s insurance company can also be tricky.
The best way to get help with your workers’ comp claim is to work with a lawyer. Not only will a lawyer explain the whole process to you, they can increase your payments — claims with lawyers result in payouts that are five times higher.
Atticus can connect you with a New York workers' comp lawyer for free and you don’t need to pay the lawyer until you get workers’ comp payments or a settlement. Take our 2-minute workers’ comp quiz to get started.
How long ago did you get an injury or illness at work?
At the bottom of many websites, you'll find a small disclaimer: "We are not a law firm and are not qualified to give legal advice." If you see this, run the other way. These people can't help you: they're prohibited by law from giving meaningful advice, recommending specific lawyers, or even telling you whether you need a lawyer at all.
There’s no disclaimer here: Atticus is a law firm, and we are qualified to give legal advice. We can answer your most pressing questions, make clear recommendations, and search far and wide to find the right lawyer for you.
Two important things to note: If we give you legal advice, it will be through a lawyer on our staff communicating with you directly. (Don't make important decisions about your case based solely on this or any other website.) And if we take you on as a client, it will be through a document you sign. (No attorney-client relationship arises from using this site or calling us.)
Terms | Privacy | Disclaimer