Process Stage 3 of 12

I Filed My NY Workers' Comp Claim — Now I'm Waiting. What Should I Expect?

Your C-3 has been filed and the case is open at the WCB. The insurance carrier now has a statutory window to respond — by accepting the claim (FROI-00), acknowledging it with reservation of rights (FROI-02), or controverting it (FROI-04). What happens next depends entirely on which response the carrier files. During the waiting period, the practical work is keeping medical current, watching the eCase docket, and being ready to move the moment the FROI lands.

Waiting isn't passive. Watch the docket, keep medical current, get ready for the FROI.

What's happening

The C-3 is filed and the WCB has assigned a case number. The carrier has been notified and is reviewing — getting medical records, reviewing the employer's account, evaluating coverage and causation. The carrier's response (FROI) is the next major event. Indemnity benefits may or may not start during this window — some carriers begin temporary benefits ('payment without prejudice') while reserving rights; others wait until they've made a decision. Treatment should be continuing, with the treating physician filing C-4 reports.

What comes next

  1. Monitor the eCase docket. Every filing in your case is visible on the WCB's eCase system using your case number. Check weekly — sometimes more often when waiting on a FROI. The FROI will appear there before any letter reaches you.
  2. Keep treatment continuous and documented. Stay on schedule with your treating physician. Make sure C-4 reports are being filed. Gaps in medical documentation create both a treatment problem and a legal problem.
  3. Make sure wages are documented. The Average Weekly Wage calculation is happening now in the background. Pull all pay stubs from the 52 weeks before injury. If you have overtime, differentials, holiday pay, or other premium components, document them — first-pass AWW from a carrier almost always misses something.
  4. Don't sign anything without reading it. Carriers sometimes send forms asking you to sign authorizations, statements, or agreements. Read every word. Ask before signing — particularly anything that says 'release,' 'settlement,' or 'authorization for full medical records.'
  5. Prepare for either outcome. If the carrier files FROI-00 or FROI-02, the case moves forward. If FROI-04 (controvert), the case becomes a litigation matter — and you'll need to be ready to move quickly. Don't assume acceptance.

Common pitfalls at this stage

  • Letting medical lapse during the waiting period. A treating-physician gap during the FROI window invites a 'no ongoing disability' argument.
  • Not watching the eCase docket. Important filings appear there days or weeks before notification by mail reaches you. The carrier's FROI is often the first sign of how the case will be defended.
  • Signing carrier-provided forms without review. Particularly broad medical authorizations and any 'recorded statement' requests. These can become liabilities later.
  • Assuming silence means acceptance. A carrier that doesn't communicate isn't accepting — it's evaluating. Until you see a FROI, the position is unknown.

Tools, FAQs, and pages relevant to this stage

When to call now

The moment you see a FROI-04 (controversion), any RFA-2 (request for further action by the carrier), or any letter from a defense law firm — call now. The controversion period has hearing deadlines.

929 · 996 · 2145 Schedule a free consult →

Attorney Advertising — Educational Use Only. This page provides general information about New York workers' compensation. It is not legal advice and does not create an attorney-client relationship. Every case turns on its facts. For analysis of your matter, contact Levi directly.

This page last reviewed: