Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What is the deadline to file a workers’ comp claim in New York?
In New York, you must file a workers’ compensation claim (Form C-3) with the Workers’ Compensation Board (WCB) within 2 years of your injury or the date you knew — or should have known — your condition was work-related. You must also notify your employer within 30 days of the injury. Missing either deadline can cost you your benefits entirely.
Can I hire a workers’ comp lawyer after I already filed my claim?
Yes. You can retain a workers’ comp attorney at any stage of your claim — including after you’ve already filed, after a hearing has been scheduled, or even after an initial denial. A lawyer can step in to represent you before the WCB, challenge a denial, dispute a low impairment rating, or negotiate a Section 32 settlement. Earlier is better, but it is rarely too late.
What does workers’ comp cover in New York, and when can I also sue?
New York’s workers’ comp system is no-fault: it covers medical treatment and wage replacement (typically two-thirds of your average weekly wage, up to the state maximum) regardless of who caused the accident. In exchange, you generally cannot sue your employer in civil court. However, if a third party — such as a contractor, equipment manufacturer, or property owner — caused or contributed to your injury, you may be able to file a separate personal injury lawsuit in addition to your WCB claim.
What if my workers’ comp claim was denied — is it too late to fight it?
Not necessarily. In New York, you can appeal a WCB denial by requesting a hearing before a Workers’ Compensation Law Judge. Deadlines apply at each stage, so acting quickly is critical. An experienced workers’ comp attorney can review the denial, gather additional medical evidence, and represent you through the appeals process before the WCB or, if needed, the Appellate Division.