New York Workers Comp Guide
The New York workers comp process has a defined order — report, treat, file, wait — and understanding it before you're in the middle of it makes each step less stressful.
How to File a Claim in New York
Report the injury to your employer first — this starts the clock on your claim and is separate from the formal filing deadline.
- Report the injury to your employer as soon as possible
- Seek medical treatment and inform the provider it's work-related
- Your employer files a First Report of Injury with their insurer
- File your own claim within New York's deadline — see below
- Cooperate with the insurer's investigation and any requested exams
Filing Deadline and Waiting Period
New York's general filing deadline is 2 years from the date of injury, and there's a 7-day waiting period before wage-replacement benefits begin. See the full filing deadline guide for tolling rules and what happens if you miss it.
What Happens After You File
Filing doesn't mean the process is over — it means the insurer's clock starts. Keep records of every communication from this point forward.
Do You Need an Attorney in New York?
Not every New York claim needs an attorney — straightforward claims with no dispute over compensability often resolve without one. But if your claim is denied, disputed, or involves a permanent injury, the calculus changes. New York caps attorney contingency fees at 10-15%.