Steps to Obtain Coverage and File a Workers’ Compensation Claim
- Obtain emergency medical treatment, if needed.
- Note location of accident site, try and get names of witnesses. Do not be concerned if there are no witnesses. Having a witness is not essential to your right to file a workers’ compensation claim or to establish it.
- Notify your supervisor about the accident and how and where it occurred. You should do so as soon as practical, but you have up to 30 days to notify your supervisor.
- Place yourself under the care of a physician who treats Workers’ Compensation patients. No claim can be established without medical documentation that the injury was work-related.
- FOA’s workplace injury lawyers can help you file a Workers’ Compensation Board form C-3 (Employee’s Claim for Compensation) with the New York State Workers’ Compensation Board. Although you have up to two years following the date of injury to file the C-3 with the New York State Workers’ Compensation Board, the sooner you do so, the faster you will be able to establish your claim for benefits.
- Call Fine, Olin & Anderman, LLP at (800) 522-9001 or submit your free evaluation today.
- One of our Case Information Specialists will call and assist you in completing the C-3 form, which FOA will then send to the New York State Workers’ Compensation Board as the first step in establishing your case.
Failure to timely file a C-3 or give the employer timely notice may result in the loss of rights to New York Workers’ Compensation benefits. Remember: 30 days to give notice and up to two years to file the C-3. Both of these requirements are solely the responsibility of the injured worker. Just notifying your employer of the accident/injury does NOT establish your case at the New York State Workers’ Compensation Board.
Responsibilities of Others
The treating physician, using New York State Workers’ Compensation Board form C-4, should complete a medical report and mail it to the appropriate Workers’ Compensation Board District Office. NOTE: You should also ask for a copy of the C-4 for your records. DO NOT pay the physician for work-related medical treatment.
The employer, using Workers’ Compensation Board form C-2, should report the accident to the Workers’ Compensation Board and its insurance company within 10 days of notification of the work-related accident/injury. Do not be concerned if the employer fails to meet its obligation to file a C-2.