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 Important Information About Implementation of WCB eClaims Reporting and Electronic Submission of NYSIF Workers' Compensation Claims using NYSIF eFROI®, commencing April 28, 2014.

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 Package

The employer must provide an injured employee with a Claimant Information Packet (Compendio Información Reclamante) before filing a claim. The Workers' Compensation Board enforces strict standards, including penalties payable by the employer, for failure to file.

The employer also must provide the injured worker Form C-3.1, “Notice of Right to Select a Workers' Compensation Board Authorized Health Care Provider,” at the time of injury or immediately after becoming aware of the injury, and have the injured worker sign and return the form to the employer. Maintain the signed original C-3.1 with a record of receipt of the form. Follow-up to obtain the signed C-3.1 if the injured worker fails to return the form. Clearly document all attempts to obtain the signed C-3.1 form (letters, phone calls, etc.).

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.