Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I file a workers’ comp claim for PTSD or anxiety after a workplace accident in New York?
Yes. New York Workers’ Compensation Law covers mental injuries, including PTSD, anxiety, and depression, when they result from a documented workplace accident or occupational exposure. The psychological condition must be diagnosed by a licensed mental health professional or physician, and it must be causally connected to the work-related incident. Pure mental stress claims (with no physical accident) face a higher burden under NY law, but trauma following a physical accident is well-recognized.
What steps do I take to file a psychological trauma workers’ comp claim in NY?
First, report the underlying accident to your employer in writing as soon as possible — NY law requires you to notify your employer within 30 days of the injury. Next, seek evaluation from a mental health professional who can document the diagnosis and link it to the accident. Then file a C-3 Employee Claim form with the New York Workers’ Compensation Board, which can be submitted online at wcb.ny.gov. You have up to two years from the date of injury (or last payment of compensation) to file.
What documentation do I need for a psychological injury workers’ comp claim in New York?
Gather a written accident report or police/incident report, medical records documenting your psychological diagnosis, treatment notes from your therapist or psychiatrist, any prescription records, and documentation of missed work or reduced capacity. Your treating provider will also need to submit a C-4 Medical Report to the Workers’ Compensation Board. The stronger your medical paper trail connecting the trauma to the accident, the better positioned your claim will be.
Can I also sue my employer or a third party for psychological trauma in New York?
In most cases, workers’ compensation is the exclusive remedy against your employer in New York, meaning you cannot separately sue them for negligence. However, if a third party — such as a contractor, property owner, or equipment manufacturer — was responsible for the accident that caused your trauma, you may pursue a personal injury lawsuit against that party in addition to your workers’ comp claim. NY’s three-year statute of limitations (CPLR §214) applies to personal injury lawsuits, so consulting an attorney promptly is critical.