How Do I File a Workers' Compensation Claim?

Are you hurt on the job and unsure which paperwork starts your benefits? To file a workers' comp claim in New York, give your employer written notice within 30 days, get care from a Board-authorized provider (unless it is an emergency), and file the Employee Claim Form C-3 with the New York State Workers' Compensation Board.

The two-year filing deadline starts on the accident date. For an occupational disease claim, it can use the date you knew, or should have known, that work caused the condition. Workers' compensation benefits can pay medical care and replace wages if an injury stops you working or reduces your pay.

Private industry employers reported 2.5 million nonfatal injuries and illnesses in 2024, according to the U.S. Bureau of Labor Statistics. From trades and stages to yards and tunnels, workers across the union workforce face risks on the job. This guide explains how to file a workers' compensation claim and protect the benefits you've earned.

Step 1: Give Your Employer Written Notice Within 30 Days

Tell your foreman, supervisor, or steward as soon as you can. If you report a workplace injury the same day, you can create a clear record while details are fresh. A verbal report can help, but a written notice within 30 days gives stronger proof that you reported the injury. Put it in writing, keep a copy, and send one to your local.

• Write the date, time, jobsite location, and task you were doing.
• Name every co-worker who saw the workplace injury or helped you afterward.
• Keep the email or written note you sent, because a dated record can support your workers compensation claim.
• Report the injury even if you feel fine at first, since strains and head injuries can show up days later.

We cover the timing rules in How Long Do You Have To Report a Workplace Injury?.

Step 2: Gather What Form C-3 Requires

Before you start the Employee Claim Form C-3, put the required facts in one place. This makes the form easier and helps you file a workers compensation claim without missing wage or treatment details.

• Your employer's legal name and address, not only the project name.
• Your gross wages before taxes for each pay period. Keep average weekly wage records, because wage history can affect lost-wage benefits.
• The names and addresses of every other employer you worked for when the injury happened. This matters if you took referrals from more than one signatory contractor.
• The name and address of the doctor or hospital that gave your first treatment.

If you received treatment for an earlier injury to the same body part or a similar illness, file the Limited Release of Health Information, Form C-3.3, with your C-3. It lets the Board review that condition. Missing it can delay your claim.

Step 3: Submit the Claim Through the Right Channel

The filing step tells the Board about your injury. If you ask, “How do I file a workers compensation claim?” submit the C-3 online, mail or email the PDF, or visit a Board office.

Use eCase, the Board's electronic case folder, to check status. You can also call 1-877-632-4996 for help.

Step 4: Protect the Medical Side of the Claim

Medical records help show what care your work-related injury needs. Report every symptom at the first visit and any change. If it is not an emergency, choose a Board-authorized provider and tell the office you were hurt at work.

Our post on what not to say to a workers' comp doctor explains how clear, honest details can support your claim.

What Happens After You File a Workers Compensation Claim

After you file, your employer reports the event to its insurance carrier, which can accept or dispute the claim. A controverted claim means the carrier disputes it and the Board has the required medical documentation. In 2025, 161,264 claims assembled were complete, and 145,564, or 90.3%, were not controverted, according to the 2025 Annual Report. The Board held 244,714 hearings, so a workers compensation hearing can resolve an issue when needed.

• Attend every scheduled medical appointment, because missed care can leave gaps in your records.
• Save mileage records, pharmacy receipts, and other treatment costs.
• Read Board letters and respond quickly when they ask for information.
• Talk with your local about legal help before you sign an important document.

Construction was among the top 10 industries for claims assembled in the same report. Many locals fund a legal service plan, and Feldman, Kramer & Monaco, P.C. has served union members that way for more than 35 years. For the claim itself, Schwartzapfel Holbrook handles workers' compensation and construction accident matters across New York.

See who stands with us on our supporters list and find workers' compensation knowledge gathered for locals and families.

Protection From Pressure or Retaliation

Reporting a work-related injury can be protected activity, and OSHA says a federal retaliation complaint generally must be filed within 30 days of the action against you.

New York has a separate rule if you are fired, harassed, or treated unfairly for filing or trying to file a workers compensation claim. That New York discrimination claim uses Form DC-120 and has a 2-year deadline, so do not rely on the federal deadline in every situation.

Tell your business agent the same day, keep every message, and read up on your rights under New York's labor laws. For wage violations and whistleblower law, Hach Rose Schirripa & Rehns LLP supports our network; a whistleblower complaint can have a different deadline under another law.

Your Claim, Your Wages, Your Family

Filing a claim can feel heavy when you are in pain and short on hours, but these four steps make it manageable. Written notice, wage information, a Board-authorized provider, and a filed C-3 can protect the workers compensation benefits your contract earned for you. Recovery can also be hard on the mind, so keep the member assistance program and the 988 Suicide and Crisis Lifeline close.

Knowing how to file a workers comp claim can help keep your household steady while you heal. ULA Network shares that knowledge through our media services for locals and benefit funds. If your local wants it explained at a meeting or in a member mailer, contact us.

Frequently Asked Questions

1. How do I file a workers comp claim if my employer refuses to report the injury?

File Form C-3 yourself, because your claim does not depend on your employer's cooperation. Keep proof of your written notice.

2. Does filing a claim cost me anything?

No. The Employee Claim form is free, and approved care for an accepted injury is paid through the employer's insurance carrier.

3. What if my injury developed slowly over years?

An occupational disease claim follows its own timing rules. The usual two-year filing deadline runs from your disability date or from when you knew, or should have known, that the condition came from your work.

4. Can I pick my own doctor?

For non-emergency care, choose a provider with Board authorization and check with the office first. In an emergency, get the care you need; later unauthorized care can delay payment.

5. Will a claim affect my place on the out-of-work list?

Filing a claim should not be used against you, because state law and your collective bargaining agreement protect important rights. However, the law may not require an employer to keep a job open while you cannot work, so tell your business agent about anything unusual.