Employer's Role in the Claims Process

The employer is responsible for initiating a claim with a timely first report of injury, providing details of the accident and verifying the injured worker's account of the incident or illness.

When to File a Report of Injury or Illness

The employer must file a Report of Work-Related Injury/Illness with NYSIF and the Workers' Compensation Board (WCB) immediately upon becoming aware of a work-related injury and no later than 10 days after the employer’s knowledge of a work-related injury, provided:

  • the injury has caused or will cause the injured employee’s loss of time from regular duties of one day beyond the workday or shift during which the accident occurred;
  • or has required or will require medical treatment beyond ordinary first aid, or more than two treatments by a person rendering first aid.

File claims electronically using NYSIF eFROI® to notify NYSIF as soon as possible and help control claim costs. See the eClaims worksheet for information you will need when submitting a first report of injury using NYSIF eFROI®

Note: Employees have 30 days to notify employers in writing of an injury and two years to file a report of injury/illness.

Claimant Information Packet

The employer must provide an injured worker with a Claimant Information Packet before filing a claim. Visit nysif.com/Forms to find the Claimant Information Packet in several languages. The packet contains an explanation of the injured worker’s rights and responsibilities. It also contains forms for completion by the injured worker.

One of the forms is Form C-3.1, "Notice of Right to Select a Workers' Compensation Board Authorized Health Care Provider." The injured worker should sign and return the form to the employer. The employer should maintain the signed original C-3.1 with a record of receipt of the form. Policyholders participating in the Recommendation of Care Program should follow-up to obtain the signed C-3.1 if the injured worker fails to return the form. All attempts to obtain the signed C-3.1 form (letters, phone calls, etc.) should be clearly documented.

Receipt or non-receipt of the signed C-3.1 form must not hinder any injured employee in securing timely, appropriate treatment for a work-related injury/illness.