New York Workers’ Compensation Guide 2026

What to do after a work injury or occupational illness

1. Get necessary treatment. In an emergency, use the available emergency provider. Otherwise, confirm that the provider is authorized by the Board.
2. Tell the employer promptly. Give written notice when possible and preserve a copy or delivery record.
3. File your own claim. Submit Employee Claim Form C-3 to the Board instead of assuming that an employer report protects every right.
4. Build a record. Keep the accident description, witness details, provider reports, work-status notes, wage documents, insurer letters, bills, travel receipts, and Board notices.

Tell each provider that the condition may be work-related and provide the employer and insurer information if known. Do not delay urgent medical care while trying to identify a carrier.

Notice and claim-filing deadlines

The Board instructs workers to notify the employer within 30 days. Late notice can put benefits at risk. Form C-3 should be filed as soon as possible and generally within two years of the accident, or within two years after the worker knew or should have known that an occupational disease was related to employment.

When the same body part was injured before or a similar illness existed, the Board also requires Limited Release of Health Information Form C-3.3. Occupational disease, death, discrimination, appeal, and other issues can have distinct rules, so these two general time limits are not a complete deadline list.

Medical care

Workers’ compensation medical care can include medical, dental, surgical, optometry, medically necessary drugs, and assistive devices for the work injury. Except in an emergency, the treating provider generally must be Board-authorized. Some claims use preferred-provider, pharmacy, or diagnostic-testing networks with additional instructions.

Providers normally bill the carrier rather than the worker for covered treatment. Preserve receipts for mileage, public transportation, and other necessary treatment travel because reimbursement may be available. A dispute can concern whether the condition is work-related, whether treatment is necessary, the correct provider process, or the level of disability.

Main categories of New York benefits

Use the New York Benefits Chart 2026 for current limits and reference figures.

Lost-wage benefits and average weekly wage

The ordinary disability formula is two-thirds of AWW multiplied by the medical degree of disability, subject to injury-date limits. Reduced-earnings benefits can make up two-thirds of the difference between pre-injury AWW and current earnings. Use the New York Weekly Benefit Calculator to compare the arithmetic.

AWW is based on gross earnings, not take-home pay, and generally uses the 52 weeks before injury. Overtime belongs in the record. Form C-240 captures earnings and days paid, and the Board describes 260-, 300-, or 200-day multipliers for common schedules. Concurrent employment, short service, seasonal work, work under four days per week, and wage expectancy for some permanently injured workers under 25 can alter AWW.

Claim process, hearings, and appeals

An insurer may accept the claim or dispute coverage, causal relationship, notice, wage evidence, disability, treatment, or another issue. If disputed, the Board can schedule hearings and a Workers’ Compensation Law Judge can issue findings. Read every notice for the issue, hearing date, evidence instructions, and response or appeal deadline.

• Compare Form C-240 and the carrier AWW calculation with payroll records.
• Keep current medical reports that state diagnosis, causal relationship, work capacity, and degree of disability.
• Report every return to work and change in earnings accurately.
• Save proposed decisions, notices of payment, independent medical examination notices, and proof of attendance.
• Use eCase to monitor the electronic case file after the Board assigns a case number.

A lawyer or licensed representative is optional. The Board sets approved fees, which are deducted from an award; the worker should not pay a representative directly outside that process.

Official New York help

The Workers’ Compensation Board customer-service number is 877-632-4996. Free language assistance is available. The Advocate for Injured Workers can explain the system and help identify resources, but neither the Board nor this site supplies individualized legal advice.