Workers’ Compensation Benefits

Workers’ compensation is insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job. For more information about workers’ compensation in New York, visit http://www.wcb.ny.gov/content/main/onthejob/WCLawIntro.jsp.

First, obtain the necessary medical treatment as soon as possible from a health care provider authorized by the Workers’ Compensation Board. Next, notify your supervisor in writing about the injury or illness and how it occurred. Finally, file a claim for benefits. For more details about this process, visit http://www.wcb.ny.gov/content/main/onthejob/OnTheJobInjury.jsp.

The Workers’ Compensation Board maintains a database of authorized health care providers that can be searched at http://www.wcb.ny.gov/hps/HPSearch.jsp.

A worker must file a form, known as a “C-3” Employee's Claim for Compensation, available online at http://www.wcb.ny.gov/content/main/onthejob/howto.jsp. The form requires the worker to provide some basic information to the Board about his or her ailment. For more information about the claims process, visit http://www.wcb.ny.gov/content/main/onthejob/HowSystemWorks.jsp.

You will have a right to a hearing before an impartial administrative law judge who will determine your rights to benefits. If the worker or employer is not satisfied with the judge's determination, either one may appeal that determination to a panel of the Board, consisting of three Board members. Thereafter, either you or your employer can appeal the panel's decision to court. For more information about this process, visit http://www.wcb.ny.gov/content/main/onthejob/hearings_OTJ.jsp.

Though you may represent yourself, you have the right to be represented by an attorney or a licensed representative of your choosing. You can find more information on finding a representative at http://www.wcb.ny.gov/content/main/Reps/findRep.jsp. If you do retain an attorney or representative, do not pay him or her directly, as the fee will be fixed by the Board and deducted from your award.