Process Stage 2 of 12

I Reported My Injury — Now What? Filing the NY Workers' Comp Claim.

Notice has been given — your employer knows about the injury. But notice and filing are two different things. The claim isn't formally opened with the Workers' Compensation Board until Form C-3 (Employee Claim) is filed, and that filing is the claimant's responsibility, not the employer's. The 2-year clock under WCL §28 keeps running until the C-3 is in.

Reporting is not filing. The C-3 is yours to file — don't wait on the employer.

What's happening

Your employer has been notified, satisfying WCL §18's 30-day notice rule (assuming the notice was timely and provable). The employer should file the FROI-00 (First Report of Injury) — but employers regularly delay or skip this. Either way, the WCB does not have a claim from you yet. Treatment may have begun. The carrier may have been notified by the employer but may not have done anything yet. The case exists in a gray zone — notice given, but no formal file open.

What comes next

  1. File Form C-3 (Employee Claim) with the WCB. This is the formal claim. File even if the employer has filed a FROI — the C-3 is the claimant's filing and is what triggers full case processing. Filing electronically through the WCB's eCase system is fastest.
  2. Get the C-4 series filed by your treating physician. The C-4.0, C-4.2, and C-4.3 forms document the work-relatedness, treatment, and disability status. Without current C-4s on file, indemnity benefits can be suspended.
  3. Watch for the FROI. Once the C-3 is filed, the carrier has a window to file a FROI-00 (accepting), FROI-02 (acknowledging but reserving rights), or FROI-04 (controverting). Each triggers a different next step.
  4. Maintain treatment continuity. Gaps in treatment between the injury and the C-4 are used by carriers to argue the injury was not significant or not work-related. Keep appointments.
  5. Verify wages are documented. Your Average Weekly Wage is calculated from the 52 weeks preceding the injury. Make sure you have pay stubs, W-2s, or other documentation — the employer's wage statement (C-240) often understates wages.

Common pitfalls at this stage

  • Assuming the employer will file the claim. They might file the FROI; they will not file your C-3. The C-3 is the claimant's filing and is what opens the formal case.
  • Missing the 2-year filing deadline. WCL §28 generally requires the claim to be filed within 2 years of the accident. There are excuse provisions, but they are narrow.
  • Treating informally without a treating physician of record. Visits to a hospital ER or an in-house clinic without a designated treating physician filing C-4 reports leave gaps in the legal record.
  • Letting the carrier define the AWW without challenge. Carriers' first-pass AWW calculations are typically low. Get all wage components — overtime, holiday pay, differentials, mutuals, bonuses — documented before the carrier locks in its number.

Tools, FAQs, and pages relevant to this stage

When to call now

If your employer is denying that the report happened, if HR is asking you to sign anything related to the injury, if the employer claims to have no WC insurance, if you're being told 'we handle this in-house,' or if you're a public-sector employee with §207-a or §207-c implications — call now.

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: