Who Files Workers’ Compensation Claim?

When a person gets hurt at work, they often wonder who files a workers’ compensation claim and what steps must be taken next. The workers’ compensation process protects both employers and employees by providing medical care and wage replacement to those who qualify. It is a legal system that helps individuals injured on the job receive financial support while they recover from a work-related injury or occupational disease.

Davidoff Law helps every claimant understand their rights and duties when they file a claim for workers’ compensation benefits. Our experienced personal injury attorney team guides you through every part of the process, from notifying your employer to submitting forms to the insurance company and the New York State Workers’ Compensation Board.

Our Queens workers' comp lawyer helps injured workers get the compensation benefits they deserve so they can focus on healing and returning to work safely.

Employee Reports the Injury

The first step in any workers’ compensation claim begins with the employee. Reporting the injury quickly is critical to protect your right to receive benefits. Every injured employee must follow the rules set by New York law to ensure their claim is valid and on time.

Your Legal Duty to Report the Injury

Under NY Workers’ Compensation Law § 18, an injured employee must notify their employer in writing within 30 days after the accident. You should immediately report what happened and how the injury or illness occurred. Giving written notice on time shows responsibility and helps your employer begin their legal responsibility of filing the official report.

Why Timely Reporting Matters

Failing to report within 30 days can cause you to lose eligibility for benefits. Always keep a copy of your written notice and any messages or letters exchanged with your employer. If you do not report quickly, your employer may immediately deny knowledge of the accident, which can delay your workers’ compensation benefits and make it harder to prove your employment connection to the injury.

Employer Files the First Report of Injury

After the employee gives notice, the employer must report the incident to the workers’ compensation insurance carrier and the Workers’ Compensation Board. This step makes the injury official and allows the claim review to begin.

Employer’s Responsibility Under NY Law

Once notified, the employer must file Form C-2F, called the Employer’s Report of Work-Related Injury/Illness. This form is required by NY Workers’ Compensation Law § 110 and must be submitted within 10 days of learning about the injury.

It contains important details such as when the injury occurred, where it happened, and what type of medical treatment the employee received. Employers are responsible for ensuring this report is complete and accurate.

Employer’s Insurance Carrier’s Role

After the form is filed, the insurance company reviews it and assigns a claims administrator or insurance adjuster to the case. They contact both parties to obtain information about how the accident happened.

The insured employer’s carrier then decides whether to approve or question the claim. Proper and honest reporting helps speed up the review and protects both sides from unnecessary failure or delay.

Employee Files a Claim with the Workers’ Compensation Board

Even if the employer files its report, the employee must also file a claim directly with the Workers’ Compensation Board (WCB) to protect their own rights. Filing ensures you remain part of the process and that your voice is heard.

Filing the Employee Claim (Form C-3)

The claimant must submit Form C-3, the Employee’s Claim for Compensation. Under NY Workers’ Compensation Law § 28, it must be filed within two years of the date of injury or when you discovered the occupational disease. Filing this form confirms that you are seeking workers’ compensation benefits for your work-related injury or illness.

Information Required on Form C-3

You must include details such as your job title, date and time of the incident, and the nature of your injury or illness. The form also asks for the medical treatment you received and the names of any witnesses. Submitting clear and complete information helps the insurance company and the WCB review your claim quickly.

Where to File

You can submit Form C-3 online through the WCB website, by mail, or through your workers’ compensation attorney. Having a lawyer helps ensure the form is filled out correctly, which prevents errors that could cause the claim to be denied.

Medical Evaluation and Treatment

After filing, you must get professional medical care right away. Quick treatment helps your recovery and supports your claim by creating official medical records of your condition.

Choosing a Doctor

You must seek medical treatment from a doctor authorized by the Workers’ Compensation Board, as required by NY Workers’ Compensation Law § 13-b. The authorized medical provider files Form C-4, which reports your condition to both the WCB and the insurance company. Choosing the right doctor ensures your injuries are well-documented and your workers’ compensation benefits are not delayed.

Doctor’s Report as Key Evidence

Your doctor’s report is one of the most important pieces of proof in your claim. It explains how the injury or illness happened, what care you received, and how long recovery may take. The WCB and insurance adjuster rely on this report to determine whether your claim is valid and what medical care you still need.

Insurance Company Reviews and Decides the Claim

After all documents are received, the insurance company examines your case. The review process ensures that your claim submission meets all legal requirements before any benefits are paid.

Approval or Denial

If the carrier agrees that your injury is job-related, they will approve the claim and start payments for compensation benefits. If denied, you will receive a written notice explaining why. Denials are often based on missing forms or a lack of medical proof, and you may still appeal with your attorney’s help.

Temporary Benefits

While waiting for a final decision, you may receive temporary workers’ compensation benefits. These payments help cover lost wages and basic expenses during your recovery period. They continue until the insurance company makes a final ruling.

Workers’ Compensation Hearings (If Disputed)

When there is disagreement between the parties, a hearing may be scheduled before a Workers’ Compensation Board judge. The hearing lets each side share its evidence and testimony.

Dispute Resolution Before the WCB

At the hearing, the judge listens to both sides and reviews all documents. Each claimant has the chance to explain their injury, medical reports, and how it affected their employment. After reviewing everything, the judge decides on your workers’ compensation claim.

Appeals

If you disagree with the judge’s ruling, you may appeal to the Workers’ Compensation Board’s panel within 30 days, as allowed under NY Workers’ Compensation Law § 23. During this stage, your lawyer can present additional information to strengthen your case and request a new review.

Protection Against Employer Retaliation

Workers often worry about losing their jobs after filing a claim, but the law protects them. Every employee has the right to report injuries without fear.

Retaliation Is Illegal

Under NY Workers’ Compensation Law § 120, employers cannot fire, demote, or punish a worker for filing or testifying in a workers’ compensation claim. Any act of retaliation is unlawful, and the employer can face penalties. Knowing this right helps workers feel safe when they file a claim.

Filing a Retaliation Complaint

If you believe you were treated unfairly after filing, you can submit a complaint to the Workers’ Compensation Board. Your attorney can assist in gathering proof and filing forms on time. This ensures the employer immediately faces consequences for breaking the law.

Who Actually Files What: A Quick Breakdown

Action	Responsible Party	Form / Requirement	Deadline
Notify Employer of Injury	Employee	Written notice	Within 30 days (WCL § 18)
Report to Insurer & WCB	Employer	Form C-2F	Within 10 days (WCL § 110)
File Workers’ Comp Claim	Employee	Form C-3	Within 2 years (WCL § 28)
Medical Report	Treating Doctor	Form C-4	Ongoing after treatment

Common Mistakes to Avoid in New York Workers’ Compensation Claims

Filing a workers’ compensation claim in New York involves several steps, and even a small mistake can cause serious delays or denials. Many claimants lose their right to workers’ compensation benefits because they miss deadlines or don’t follow the proper rules.

Here are the most common mistakes injured workers should avoid during the workers’ compensation process:

• Missing the 30-day injury report deadline to your employer: New York law gives you only 30 days to report your work-related injury in writing. Waiting too long can make it harder to prove that your injury happened on the job. Always report your injury right away and keep a copy of your written notice for your own records.
• Failing to file Form C-3 with the Workers’ Compensation Board: Even if your employer submits a report, you must still file your own claim using Form C-3. This step tells the Workers’ Compensation Board that you are officially requesting benefits. Forgetting to file this form means your workers’ compensation claim will not move forward, and you may lose your right to receive benefits.
• Seeing a doctor not authorized by the WCB: Only doctors approved by the Workers’ Compensation Board can treat you under New York law. If you see an unauthorized medical provider, your insurance company may refuse to pay your medical treatment bills. Always confirm that your doctor is on the WCB’s authorized list before making an appointment.
• Not following up with your employer or insurance carrier after filing: Many workers file their claim but never check on its progress. You should contact your employer and the insurance carrier to make sure all paperwork was received and processed. Staying in touch helps you obtain information about your case and prevents unnecessary delays caused by missing documents.
• Returning to work too early without medical clearance: Some injured employees feel pressured to return to their jobs before they are ready. Returning early can make your injury or illness worse and may reduce your compensation benefits. Always wait until your authorized doctor gives you written approval stating you are fit to return to work safely.

Avoiding these simple mistakes helps keep your workers’ compensation claim on track and ensures you stay eligible for the full benefits you deserve. Taking care with each step protects your rights and keeps your recovery period as stress-free as possible.

How Our New York Workers’ Compensation Lawyer Can Help

Our experienced personal injury lawyers at Davidoff Law guide workers through every stage of the workers’ compensation claim. We make the process clear and simple, protecting your rights from start to finish.

Filing Forms and Meeting Deadlines

Our Queens personal injury lawyer makes sure every form is complete and filed correctly under NY Workers’ Compensation Law § 18, § 28, and § 110. We keep track of every important date so you never miss a filing deadline that could delay your workers’ compensation benefits.

Our legal team checks that your workers’ compensation claim includes all the right information, medical proof, and signatures before we submit it to the Workers’ Compensation Board. By handling this process carefully, Davidoff Law helps you avoid common mistakes that often cause claims to be denied or delayed.

Handling Insurance Disputes

When the insurance company questions your claim or refuses to pay for your medical treatment, our lawyers step in to protect your rights. We deal directly with the insurance adjuster and demand fair treatment under New York law.

If the insurer asks for additional information or tries to reduce your compensation benefits, we make sure they follow the rules and respect your rights as a claimant. Our firm knows how to challenge unfair denials and push for fast and full payment for your work-related injury.

Representing You Before the WCB

If your claim goes to a hearing before the Workers’ Compensation Board, Davidoff Law will be right there with you. We prepare your case carefully, gather supporting documentation, and present clear evidence showing how the injury occurred and why you deserve full workers’ compensation benefits.

During the hearing, we spoke on your behalf, explained your situation clearly, and answered any questions from the judge. With our strong legal representation, you can feel confident knowing that your rights are protected throughout the workers’ compensation process.

Frequently Asked Questions About Workers’ Compensation in New York

Who files a workers’ compensation claim?

Both the employee and employer have roles. The employee must report the work-related injury, and the employer must file a report with the insurance company and the Workers’ Compensation Board.

What if my claim is denied?

If denied, you can appeal to the Workers’ Compensation Board within 30 days. A lawyer can help you gather more proof and request a hearing.

Can I get death benefits if a family member dies from a work injury?

Yes. Families of individuals injured fatally on the job can receive death benefits through the workers’ compensation program.

What should I do if I have to go to the emergency room after getting hurt at work?

If you needed the emergency room right after your accident, tell the doctors it was a work-related injury so the hospital records it correctly. Keep all receipts and reports from that visit because they help prove your injury during the claim process and ensure workers’ compensation insurance pays your bills.

Where can I get help if my employer’s office or business doesn’t explain the process clearly?

You can contact the New York State Workers’ Compensation Board or the Department of Labor for guidance. If your business or office doesn’t give you the right forms or information, a lawyer can help you obtain information and make sure you don’t lose money or benefits during the workers’ compensation claim process.

Contact Our Queens Personal Injury Lawyers for a Free Consultation

If you were injured at work and need help filing your claim, Davidoff Law is here to help. We know how stressful work injuries can be, especially when you are unsure of your rights or worried about missing deadlines. Our team of experienced attorneys makes the personal injury claim process simple and clear.

We offer a free consultation to review your situation and answer your questions. Contact us today to learn how we can help you file a claim, communicate with the insurance company, and get the workers’ compensation benefits you deserve.