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4 mistakes injured workers make before filing a workers’ comp claim

On Behalf of | Mar 15, 2026 | Workers' Compensation

A workplace injury can interrupt your income and create medical uncertainty. However, small mistakes before filing a workers’ compensation claim in New York can reduce benefits or lead to delays.

Missing the 30-day employer notice rule

New York law mandates injured workers to notify their employer about a workplace injury within a specific time frame. Waiting too long can weaken or even bar a claim.

Under New York Workers’ Compensation Law § 18, you must provide written notice within 30 days of the accident. The notice should include the time, place and nature of the injury.

Failing to meet this deadline may lead to a denied claim unless the Workers’ Compensation Board finds a valid exception. Written notice creates an official record of what happened.

Waiting too long to seek medical treatment

Medical care protects both your health and your claim. Delays can create gaps in the medical record.

Insurance carriers often review when treatment begins after an incident. If treatment starts weeks later, the insurer may question whether the injury occurred at work. Early medical documentation can connect your injury to the workplace event.

Posting on social media after the injury

Social media activity may become part of a workers’ compensation investigation. Insurance adjusters often review public profiles during a claim.

A photo, comment or location tag might appear inconsistent with your reported limitations. Even routine activities could raise questions about your condition. Limiting social media activity during an active claim may help prevent unnecessary disputes.

Providing inconsistent information

Consistency is important in a workers’ compensation claim. Small differences between reports may cause the insurer to question what happened. Your claim often depends on several records that should match:

  • Employer notice: A written report that explains how the injury happened.
  • Medical records: Doctor notes that describe the workplace injury.
  • Claim forms: Accurate details on the C-3 filing.

When these records match, they help show a clear timeline of the accident and injury.

Why legal guidance may help

Workers’ compensation claims may appear straightforward, yet insurance carriers often review every detail. Missing documentation, delayed reporting or inconsistent statements can affect the outcome of a claim.

An attorney who handles workplace injury cases can review the circumstances of the accident and the supporting documentation. Guidance early in the process may help you avoid common mistakes and better understand how New York workers’ compensation benefits work.

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