Getting hurt at work can turn your life upside down fast. Medical bills start arriving, paychecks may stop, and the people you would normally ask for answers (your supervisor, your employer’s insurance company) are not always on your side. New York gives injured workers real protections, but those protections depend on taking the right steps, in the right order, within the right deadlines.
This guide walks through what to do in the hours, days and weeks after a workplace injury in New York, and the mistakes that most often cause problems with a claim later.
1. Get medical care right away
Your health comes first. If the injury is serious, call 911 or go to the nearest emergency room. If it is not an emergency, see a doctor as soon as you can, ideally the same day or the next day.
When you get treatment, tell the doctor or hospital clearly that you were hurt at work and explain how it happened. That detail ends up in your medical records, and those records are some of the most important evidence in a workers’ compensation claim. Gaps in treatment, or records that do not mention work, are common reasons insurers push back.
Outside of emergencies, New York generally requires that your ongoing care come from a provider authorized by the Workers’ Compensation Board. Ask the office whether they accept workers’ compensation before your first visit. In most cases, bills for a work injury should go to your employer’s workers’ compensation carrier rather than your personal health insurance.
2. Report the injury to your employer in writing within 30 days
New York law generally requires you to give your employer written notice of a work injury within 30 days. Telling a coworker or mentioning it in passing is not the same thing. Send a short written note, text or email to your supervisor or HR that says:
- the date, time and place of the accident,
- what happened and what part of your body was hurt, and
- the names of anyone who saw it.
Keep a copy. Late notice can give the insurance company a reason to deny the claim, so do this even if you think the injury is minor. Back, neck, shoulder and knee injuries that seem small on day one often get worse.
3. File your claim with the Workers’ Compensation Board
Reporting to your employer is not the same as filing a claim. You also need to file a claim with the New York State Workers’ Compensation Board, usually on Form C-3 (Employee Claim). The general deadline is two years from the date of the accident, or two years from when you knew or should have known that an illness was caused by your job. Waiting that long is rarely a good idea; filing early helps benefits start sooner.
4. Document everything
From the first day, start a simple folder (paper or on your phone) with:
- photos of the place where you were hurt, any equipment involved, and your injuries,
- names and phone numbers of witnesses,
- every medical record, prescription, receipt and appointment card,
- pay stubs from before the injury, which help show your average weekly wage, and
- a short journal of your pain, limits and missed workdays.
Memories fade and paperwork gets lost. A folder like this can make the difference when the insurance company questions what happened.
5. Understand what benefits may be available
Workers’ compensation in New York is a no-fault system. In general, you do not have to prove your employer did anything wrong, and benefits can be paid even if you made a mistake. Benefits may include:
- Medical care related to the injury, paid by the insurance carrier.
- Lost wage (cash) benefits, generally two-thirds of your average weekly wage multiplied by your degree of disability, up to a weekly maximum set by the state each year.
- Permanent injury awards in some cases, for lasting loss of use of a body part or long-term limits on your ability to work.
There is usually no cash benefit for the first seven days of disability unless you are out of work for more than 14 days, in which case the first week is generally paid as well.
6. Be careful with insurance company calls and forms
Your employer’s insurance company may call you, ask for a recorded statement, or schedule an Independent Medical Examination (IME) with a doctor they choose. You generally must attend an IME, but you do not have to guess, speculate or downplay your symptoms. Be honest and consistent. If you are unsure what to say or sign, it is reasonable to speak with a lawyer first.
7. Know that retaliation is not allowed
New York law prohibits employers from firing, demoting or otherwise punishing an employee for filing a workers’ compensation claim. In general, workers’ compensation coverage also applies regardless of immigration status. If you are afraid to report an injury because of how your employer might react, talk to a lawyer about your options.
8. Look for other responsible parties
Workers’ compensation is usually your only remedy against your own employer, but it may not be your only claim. If someone other than your employer contributed to the injury (for example, a general contractor or property owner on a construction site, the maker of defective equipment, or another driver in a work-related car accident), you may also have a separate personal injury case. Those claims have their own deadlines, so it helps to look into them early.
Common mistakes to avoid
- Waiting to see a doctor or skipping follow-up appointments.
- Reporting the injury only verbally, or after 30 days.
- Assuming the employer filed the claim for you.
- Posting about the injury or your activities on social media.
- Going back to full duty before your doctor clears you.
When to call a workers’ compensation lawyer
Many claims are straightforward, but it is worth getting advice if your claim was denied or delayed, your benefits stopped, the insurer is disputing your doctor, you have a serious or permanent injury, or a third party may be responsible. In New York workers’ compensation cases, attorney fees are generally approved by the Workers’ Compensation Board and paid out of an award, rather than upfront.
Villamar Law Group helps injured workers from our offices in Jackson Heights, Queens and Hempstead, Long Island. Learn more about our workers’ compensation and injury services, or contact us at (718) 750-5050 for a free consultation. Se habla español.
This article is general information, not legal advice. Every case is different, and laws and benefit amounts change. Speak with a lawyer about your specific situation.