How the New York system works
Nearly every New York employer must carry workers' comp coverage. The system is administered by the Workers' Compensation Board (wcb.ny.gov), which authorizes the doctors, runs the hearings, and approves the settlements. Two features define the New York experience:
- You choose your doctor — any provider authorized by the Board (except in some diagnostic-network situations). Care for the established injury is free to you: no copays, no deductibles.
- Everything runs through the Board. Forms, hearings before Workers' Compensation Law Judges, appeals to Board panels — it's a genuine adjudication system, and it moves on paperwork.
Every deadline that matters
| What | Deadline | Why it matters |
|---|---|---|
| Notify your employer | 30 days from the injury, in writing | Late notice can jeopardize the claim. Same day, in writing, remains the standard that protects you. |
| File your claim (Form C-3) | 2 years from the injury (or from when you knew an illness was work-related) | Your employer's report is not your claim. File the C-3 with the Board yourself — online, by mail, or by phone. |
| Carrier accepts or contests | Short statutory windows once the claim is indexed | Contested claims go to hearings; benefit checks in accepted claims must start promptly. |
| Appeal a judge's decision | 30 days from the decision | To a Board panel, then the Appellate Division. Strict. |
The benefits
| Benefit | What it pays |
|---|---|
| Medical care | All necessary treatment from Board-authorized providers for as long as the injury requires — with no cost to you for established injuries. |
| Cash (wage) benefits | Two-thirds × your average weekly wage × your degree of disability (100%, 75%, 50%…), within a state maximum that adjusts every July. A 7-day waiting period applies, paid retroactively if disability exceeds 14 days. |
| Schedule Loss of Use (SLU) | New York's signature award: permanent loss of use of extremities (arms, hands, fingers, legs, feet, eyes, hearing) pays a scheduled number of weeks based on the body part and percentage — often as a lump sum, even if you're back at work earning full pay. |
| Non-schedule permanent disability | For permanent injuries to the spine, head, organs: classification with a loss of wage-earning capacity percentage, paying weekly benefits for a capped number of weeks (225–525) based on that percentage. |
| Death benefits | Weekly support to surviving spouse and dependents plus funeral costs. |
Many New York workers don't know that a healed-but-permanently-limited shoulder, hand, or knee can be worth a scheduled award even after returning to full-duty work at full pay. If you had surgery or lasting limitations in an extremity, ask about SLU before closing anything.
Medical care, IMEs, and degree of disability
- Pick a Board-authorized provider and tell them it's a work injury — they bill the carrier directly and file the Board's medical reports that drive your benefits.
- Your "degree of disability" is a number that matters. Each medical report rates how disabled you currently are (total, marked, moderate, mild). Cash benefits track this percentage — so vague reports quietly cut your checks.
- Carrier IMEs. The insurer can send you to its own examiner, whose lower disability ratings then get argued against your doctor's at hearings. Attend, be honest in both directions, and read our exam blueprint first.
- Treatment guidelines and variances. Care follows the Board's Medical Treatment Guidelines; treatment outside them needs a variance request from your doctor — deniable, and appealable.
Hearings, appeals, and Section 32
- 1
Claim filed and indexed
Your C-3 plus your doctor's report open the case. Uncontested claims simply start paying; contested ones get scheduled for hearings.
- 2
Hearings before a Law Judge
Focused, often short proceedings — frequently virtual — where a Workers' Compensation Law Judge resolves disputes on notice, causation, degree of disability, and treatment.
- 3
Appeals
Judge decisions can be appealed within 30 days to a Board panel, and beyond to the Appellate Division, Third Department.
- 4
Resolution — including Section 32
New York's version of a full settlement is the Section 32 waiver agreement: a negotiated lump sum that can close cash benefits, medical care, or both — permanently, once the Board approves it after a review process. Treat it with C&R-level seriousness: understand the math first.
Free official help
- The Workers' Compensation Board — claim filing, case status, forms, authorized-provider search: wcb.ny.gov, with district offices statewide and a general helpline.
- The Board's Advocate for Injured Workers — a dedicated office that helps unrepresented workers understand and navigate the system, free.
- Uninsured Employers Fund — pays claims when an employer illegally carried no coverage.
Contested claims, degree-of-disability fights, SLU and classification valuation, and any Section 32 offer. New York comp attorney fees are set by the judge and paid out of awards — you don't pay out of pocket, and consultations are typically free.