Notice of Claim against the City of New York: the 90-day clock and what to do this week

If you were hurt on a New York construction site, you almost certainly have a workers’ compensation claim. You may also have a much larger third-party claim that workers’ comp does not affect — and most workers don’t know it exists.

What New York workers’ compensation actually covers.

New York’s workers’ compensation system covers job-related injuries regardless of fault. If you were injured during the course of your employment — including on a construction site — workers’ comp will pay:

• Medical care for treatment of the injury, with no out-of-pocket cost
• Lost wages at two-thirds of your average weekly wage, up to a state-set maximum
• Permanency awards if the injury results in long-term impairment
• Death benefits for surviving family if the injury was fatal

The system is designed to be no-fault: you do not need to prove your employer did anything wrong. In exchange, you generally cannot sue your direct employer for the injury — that “exclusive remedy” rule is the workers’ comp grand bargain.

The two-thirds rule, in practice.

If you earned $1,500/week, workers’ comp will pay roughly $1,000/week — capped at the state maximum (currently around $1,228/week, indexed annually). That gap is one of the reasons the third-party case below matters so much.

How to file — and the deadlines that matter.

You must report the injury to your employer within 30 days, ideally in writing. You then file a Form C-3 with the New York State Workers’ Compensation Board within two years of the injury. Most workers don’t realize the 30-day notice clock is separate from the two-year filing clock — both matter.

1. Notify your foreman or employer of the injury, in writing if possible. Keep a copy.
2. See a doctor. Use a workers’ comp authorized provider. Your employer’s insurer can give you a list, or any clinic that accepts workers’ comp will do.
3. File Form C-3 (employee claim form) with the Workers’ Compensation Board.
4. Track Form C-4 (your treating provider’s report). The Board needs both.

Why you may have a second case the comp adjuster won’t tell you about.

Workers’ compensation bars claims against your direct employer. It does not bar claims against everyone else on the construction site. On most New York construction projects, that means you may have a separate, much larger claim against:

• The property owner
• The general contractor
• Other subcontractors who created or controlled the dangerous condition
• Equipment manufacturers (in defective-equipment cases)

This is called a third-party case, and in New York, it is governed by Labor Law §240, §241(6), and §200 — the strongest worker-protection statutes in the country. Workers’ comp recovery is generally five-figures. A third-party Labor Law recovery, in a serious injury case, can be six or seven figures.

The reason your comp adjuster will not bring this up: their job is to manage the comp claim. They are not your lawyer. They have no obligation to tell you about the second case.

Common mistakes that cost workers money.

Red flag: “Don’t tell them this happened at work.”

If a foreman or GC tells you to report your injury as a non-work injury, walk away from that conversation and call a lawyer. This is illegal and the most common way workers lose both their comp claim and the much larger third-party case.

1. Telling the ER you were hurt “at home” when you were hurt on the job.
2. Missing the 30-day notice deadline by trying to “tough it out.”
3. Settling the comp claim without first investigating the third-party case (the comp settlement can affect the third-party recovery).
4. Talking to the GC’s insurer or a “claims investigator” without a lawyer present.
5. Returning to work too early because the comp wage rate is below your normal income.

What to do this week.

1. Write down the date, time, place, and circumstances of the injury — in your own words, while it’s fresh.
2. Take photos of the scene if you safely can (or have someone do it).
3. Identify witnesses by name and phone number.
4. Notify your employer in writing.
5. See a doctor and get the injury documented.
6. Talk to a lawyer about whether you have a third-party Labor Law case in addition to the comp claim. The first call is free.