The first 30 days set up everything. Notice, doctor, C-3 — in that order.
What's happening
An injury has occurred but no formal workers' comp process has started yet. Your employer may or may not know. Nothing has been filed with the WCB. You haven't necessarily seen a doctor, or if you have, it may not have been a Workers' Compensation Board-authorized provider. You're at the most consequential moment of the entire case — the choices you make in the next 30 days drive the medical record, the notice record, and the timing record that the rest of the case will be built on.
What comes next
- Give written notice to your employer within 30 days. WCL §18 requires notice within 30 days. Written notice (email, accident report form, communication to HR or supervisor) is far better than oral. Save copies of everything.
- See a Workers' Compensation Board-authorized doctor. You choose your treating physician — within the WCB-authorized provider network. The carrier or employer cannot pick your treating doctor (though they can later require an Independent Medical Examination).
- File Form C-3 (Employee Claim) with the WCB. Do not assume the employer will file your claim. The C-3 is the claimant's filing. The 2-year filing deadline under WCL §28 runs from the date of accident.
- Document the mechanism of injury. Get names and contact info of witnesses. Take photos of the scene if relevant. Write down what happened in your own words while it's fresh — date, time, place, what you were doing, exactly how the injury occurred.
- Save everything. Pay stubs from the 12 months before the injury (these drive your Average Weekly Wage). Medical records and bills. Any communication with the employer about the injury. Build the file your lawyer will need before you need a lawyer.
Common pitfalls at this stage
- Reporting orally with no paper trail. A verbal mention to a supervisor is hard to prove later. Always follow up in writing — email or a formal incident report — and keep your copy.
- Waiting to see a doctor. Gaps between the injury date and the first medical visit invite a 'this wasn't really work-related' argument from the carrier. See a doctor promptly.
- Using the employer-suggested doctor without thinking about it. Many employers route injured workers to an in-house clinic or a 'preferred' provider. Some of these arrangements are legitimate; some produce notes friendly to the carrier. You have the right to choose your own WCB-authorized doctor.
- Assuming the injury 'isn't that bad' and skipping the C-3. Injuries that seem minor on day one frequently turn out to be significant. The C-3 deadline is 2 years from accident, but earlier is much better — and not filing it is a common reason workers later have trouble proving causation.
- Continuing to work through the injury without medical clearance. Working hurt without a medical record of restrictions can later be used to argue the injury was not disabling. If you can't work, have your doctor put it in writing.
Tools, FAQs, and pages relevant to this stage
- Statute of limitations — how long do I have to file? → FAQ
- Can I choose my own doctor for workers' comp? → FAQ
- NY workers' comp forms explained (C-3, C-4, FROI, SROI) → FAQ
- How is Average Weekly Wage calculated? → FAQ
- Case Evaluator — eligibility check → Tool
- How NY workers' comp works → Practice Area
When to call now
If your employer is pushing back on letting you report the injury, if there is any pressure to not file a claim, if your employer claims they have no workers' comp insurance, if multiple body parts are involved, if you're a public-sector worker with §207-a or §207-c benefit interactions, or if the injury is severe — call now. The earlier representation gets involved, the cleaner the record.
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.