Workers Compensation
Construction workers on scaffolding rig
Helping the Injured Seek Justice and Financial Compensation.

How to file a claim

Filing for Workers’ Compensation in New York

Have you been injured at work? Were you recently diagnosed with an occupational disease? To receive benefits available under the New York State workers’ compensation system, you will need to file a claim. Here we will provide a basic overview of how to file a claim and what you can do if your claim is denied or delayed. You can also contact a New York workers’ comp lawyer at our firm at any time to discuss your particular questions or concerns. Your initial consultation is not only free but is entirely confidential, providing the perfect opportunity for you to get much-needed insight regarding your claim.

If you have been injured or have discovered that an illness was caused by your work environment, you should notify your employer as soon as possible. You may need to seek emergency medical treatment, and if you are suffering from a serious injury, you should seek immediate medical care by calling 911 or going to the nearest emergency room. Once you are able, you should notify your employer, in writing, of the situation.

You will need to file an Employee Claim (C-3) form, as provided by the New York State Workers’ Compensation Board. The Board offers three ways in which a worker may file this claim:

  • By filling out and submitting an online Employee Claim form. (The Board offers helpful information on how to fill out and file the form.)
  • By calling 1-866-396-8314 and having someone from the Board assist you in filling out the form.
  • By filling out and filing a physical, paper version of the form, which may be printed out and mailed in, obtained in person at the nearest Workers’ Compensation Board District Office or mailed to you by calling 1-877-632-4996.

This claim must be filed within two years of the date of the accident or injury, or the date the worker was diagnosed with an occupational illness or disease. If a claimant does not file a workers’ compensation claim within this time period or fails to inform his or her employer of the incident, this may interfere with his or her ability to recover benefits.

 

Filing a Claim for a Lost Family Member

The process of filing a workers’ compensation claim is different for the family of a worker who has lost his or her life in a work accident or as a result of an occupational illness. The next of kin would need to file form C-62, with supporting documentation, to the Workers’ Compensation Board. In addition, the last treating physician will need to file form C-64 and the funeral home would need to complete form C-65. (A list of all forms can be found by clicking here.)

 

New York Workers’ Comp Attorney

Filing a workers’ comp claim may seem fairly straightforward, and in some cases it is. In others, however, particularly those related serious injuries or the death of a worker, it can be difficult to determine whether a claim is being handled in a fair manner by the workers’ compensation insurance provider and the injured worker’s employer. It is possible that a worker’s claim may be disputed or that the insurance company will offer an unfairly low settlement. Our attorneys are prepared to handle these and any other issues that may arise after a claim is filed. We can also help with filing a claim in the first place to ensure it is filled out properly and fully and that all necessary supporting documentation is included. This can help avoid potential problems in the first place.

For more information and a free case review, contact a New York workers’ compensation attorney at our firm today. We have offices across New York City and the state to better serve our clients.