The Workers’ Comp Claim Process in Queens, NY

Step 1 — Report Your Injury to Your Employer

Under Workers’ Compensation Law § 18, you must give written notice of your work injury to your employer within 30 days of the accident—or within 30 days of discovering that a condition is work-related, as often happens with repetitive-stress or occupational-disease claims. A verbal report is not enough; put it in writing and keep a copy for your records.

Once notified, your employer is required to report the injury to their workers’ comp insurance carrier within 10 days. That carrier will then open a claim file. If your employer tries to discourage reporting or retaliates against you for filing, that conduct is prohibited under New York law.

Step 2 — File Your C-3 Employee Claim

Notifying your employer is not the same as filing a claim. You must separately file a C-3 Employee Claim directly with the New York State Workers’ Compensation Board. The filing deadline is two years from the date of injury—or two years from when you knew the condition was work-related for occupational diseases. Missing this window extinguishes your right to cash and medical benefits.

The C-3 can be submitted online through the Board’s e-Case portal, by mail, or in person at a Board office. You will need your employer’s name and address, the date and description of the incident, and information about the treating physician. File as early as possible to lock in your record date.

Step 3 — Get Treatment from an Authorized Physician

New York workers’ comp requires that medical care come from a physician authorized by the Workers’ Compensation Board. Your authorized doctor files a C-4 Medical Report detailing your diagnosis, treatment plan, and work restrictions. These reports become the medical record in your case and directly influence your disability rating and benefit level.

The insurance carrier may send you to an Independent Medical Examination (IME) to contest your doctor’s findings. You have the right to challenge an IME opinion before a judge, but you need your own authorized provider’s documentation to do so effectively.

Step 4 — Hearings at the Queens/NYC Board Office

Workers’ comp cases arising in Queens are handled by the New York City District Office of the Workers’ Compensation Board, which covers all five boroughs. Hearings are conducted by a Workers’ Compensation Law Judge (WCLJ) and are scheduled by the Board. You will receive mailed notices of hearing dates; missing a hearing without good cause can result in suspension of your benefits.

At hearings, the judge rules on contested issues—such as whether your injury is work-related, your average weekly wage, the degree of your disability, and whether the carrier’s denial was proper. Cases with disputed medical evidence or employer controversion typically require multiple appearances before a decision is issued.

Step 5 — How Your Queens Claim Resolves

If your claim is established, you may be entitled to:

• Temporary total or partial disability benefits — weekly cash payments while you cannot work or are on restricted duty
• Permanent partial or total disability benefits — ongoing payments tied to your impairment rating
• Schedule loss of use awards — lump-sum payments for permanent loss of function in specific body parts under Workers’ Compensation Law § 15
• All authorized medical treatment — paid directly by the carrier throughout the life of the claim

Many Queens workers’ comp cases eventually resolve through a Section 32 Settlement—a Board-approved lump-sum agreement that closes the indemnity and sometimes the medical portions of the claim. Section 32 settlements are final once approved; prior results in other cases do not guarantee the outcome in yours.

Working with a Queens Workers’ Comp Attorney

You may represent yourself in a workers’ comp claim, but the process involves strict filing deadlines, medical disputes, carrier denials, and multi-hearing proceedings that can be difficult to navigate without legal experience. Attorney fees in New York workers’ comp cases are regulated by the Board and come from your award—not out of pocket—so representation carries no upfront cost. An experienced attorney can protect your record from the outset, ensure your treating physician’s reports support your claim, and advocate at every Board hearing in Queens.

Frequently asked questions