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There are three ways you can file a claim for workers compensation in New York State: Visit our claims page. Call 877-632-4996 to speak with a New York State Board representative. Complete and file the C-3 Employee Claim form.
Normally, injuries incurred during regular commutes to and from work are not covered by workers compensation as the time spent and act of commuting is not part of the scope and course of employment. This is called the going-and-coming rule.
If you want to take legal action to claim compensation for a personal injury, you will need to get advice from a solicitor specialising in these types of cases. This must be done as soon as possible as there are strict time limits on taking legal action.
New York law states that workers have up to two years to file a claim if they are suffering from a work-related illness or injury. For occupational hearing loss, workers have up to three months to report the injury and 90 days to file a workers compensation claim.
When to File. You must notify your employer within 30 days, but it is best to do so as soon as possible. If 30 days pass and you have not notified your employer, you may lose your rights to workers compensation benefits.
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Deadline for Filing a Workers Compensation Claim Under New York law, you must file your workers compensation claim within two years of the day you became injured.
Your solicitor will base your accident at work claim on the following evidence: The accident at work was officially recorded in the company accident book. A record of medical treatment received afterwards. An independent medical assessment of your injuries. Photographs of the location and injury hazard.
There is a statutory waiting period of seven calendar days for workers compensation benefits. NYSIF must begin payments within 18 days after the onset of disability. Subsequent benefits are paid bi-weekly. Compensation is not payable if an injured workers lost time is equal to or less than one week.

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