Legal Guide — Workers' Compensation & Workplace Injury

First 24 Hours After a Workplace Injury on Long Island

What injured workers in Nassau and Suffolk County must do immediately — from reporting requirements to workers' compensation filing to third-party liability evaluation. By Jason Tenenbaum, Esq.

Updated: 2026-04-04 · Reviewed by Jason Tenenbaum, Esq. · Nassau & Suffolk County, NY

Quick answer: workplace injury first steps

Report immediately (within 30 days required), see a doctor same day, file Form C-3 with the Workers' Compensation Board, and check whether a third-party lawsuit is also available.

·Report deadline: 30 days to notify employer (WCL §18)
·WC claim deadline: 2 years to file Form C-3
·Construction accidents: Labor Law §240 may allow suit against property owner

8 Critical Steps After a Workplace Injury

Report the injury to your employer immediately

Notify your supervisor in person and follow up in writing (email or text). Under New York Workers' Compensation Law, you must report within 30 days — but immediate reporting protects your claim and prevents disputes about when and how the injury occurred.

Request an official accident report

Ask your employer to complete an accident report and provide you with a copy. Note anything they write that seems inaccurate and correct it in writing. This report becomes part of your workers' compensation claim file.

Seek authorized medical treatment promptly

Get medical evaluation the same day or within 24 hours. Describe the accident mechanism clearly to your doctor — how, where, and what body parts were injured. This medical record creates the foundational link between the accident and your injuries.

File Form C-3 with the Workers' Compensation Board

File the Employee Claim (Form C-3) with the New York Workers' Compensation Board. You have two years, but filing promptly accelerates benefits. The Board can be reached at 877-632-4996 or workers.ny.gov.

Document your symptoms and limitations daily

Keep a journal of how your injury affects your daily activities, sleep, and ability to work. Consistent, detailed documentation helps overcome disputes about the severity and duration of your disability.

Attend all medical appointments and IMEs

Missing authorized medical treatment can result in suspension of benefits. If your insurer schedules an IME, you must attend. Bring documentation of your symptoms and functional limitations to counter any minimizing report.

Identify whether third parties share liability

If your injury involved a third party — a contractor, property owner, equipment manufacturer, or another driver — you may have a personal injury lawsuit in addition to workers' compensation. These claims can recover pain and suffering that WC doesn't cover.

Consult a Long Island workplace injury attorney

Contact an attorney promptly, especially for serious injuries. Legal representation improves claim outcomes, fights IME reports, and identifies third-party liability claims worth pursuing alongside your WC benefits.

Workers' Compensation vs. Third-Party Lawsuit — What's the Difference?

Workers' compensation is a no-fault system: you receive benefits regardless of whether your employer was negligent, but in exchange you generally cannot sue your employer for additional damages including pain and suffering. This trade-off is why workers' compensation benefits — typically two-thirds of your average weekly wage — often significantly undervalue serious injuries.

A third-party personal injury lawsuit allows you to recover damages that workers' compensation does not cover, including pain and suffering, full lost earning capacity, and emotional distress. In New York, third-party claims are available when anyone other than your direct employer contributed to your injury:

Construction site accidents: Property owners and general contractors may be absolutely liable under Labor Law §240 (falls) and §241(6) (general site safety violations) even if they were not directly involved in the work
Defective equipment: Equipment manufacturers and distributors may be liable for product defects regardless of employer negligence
Motor vehicle accidents in the course of employment: If you were injured driving for work, the at-fault driver is a third party you can sue separately
Premises liability: If you were working at a third-party location (delivery, repair, inspection), the property owner may owe you a duty of care

Long Island Construction Accidents and the Scaffold Law

The construction industry on Long Island — from commercial development in Melville and Hauppauge to residential construction across Suffolk and Nassau Counties — generates a significant share of serious workplace injuries. New York's Labor Law Section 240 (the "Scaffold Law") provides extraordinary protection for construction workers injured in elevation-related accidents.

Under §240, property owners and general contractors are absolutely liable for gravity-related injuries — falls from scaffolds, ladders, roofs, and elevated platforms; falling objects striking workers below — if adequate safety devices were not provided. This means the injured worker does not need to prove the owner was careless. The failure to provide proper protection is itself the basis of liability.

Construction workers may simultaneously receive workers' compensation benefits from their direct employer and recover full damages including pain and suffering in a third-party Labor Law lawsuit. These are separate legal proceedings that run in parallel. Identifying and pursuing both is one of the most important steps an injured construction worker can take.

Injured at Work on Long Island?

Call for a free consultation. We handle workers' compensation claims and third-party workplace injury lawsuits throughout Nassau and Suffolk County. No fee unless we win.

(516) 750-0595 Online Consultation

Workplace Injury FAQ

What should I do immediately after a workplace injury on Long Island?

Report the injury to your supervisor or employer immediately — in writing if possible. Under New York Workers' Compensation Law, you must notify your employer within 30 days of the accident, but doing it immediately protects your claim and creates a formal record. Request that an accident report be completed and keep a copy. Seek medical treatment promptly. Document your symptoms and describe the mechanism of injury — how, where, and when it happened — to your treating physician so it is reflected in the medical record from day one.

How long do I have to file a workers' compensation claim in New York?

You must notify your employer of a workplace injury within 30 days of the accident under Workers' Compensation Law Section 18. The formal workers' compensation claim (Form C-3) must be filed with the Workers' Compensation Board within two years of the accident or the date you knew or should have known the injury was work-related. For occupational diseases, the two-year period runs from when you knew or should have known the disease was work-related. These deadlines are strict — missing them can bar your claim entirely. Report and file promptly regardless of how serious the injury appears at first.

What does workers' compensation cover for Long Island injured workers?

New York workers' compensation covers: medical treatment for your work-related injury (no copays, no deductibles); temporary disability benefits — two-thirds of your average weekly wage up to a maximum set annually by the Board (approximately $1,145/week in 2026) if you are unable to work; permanent partial or total disability benefits if your injury causes lasting functional limitations; and death benefits for surviving dependents if the injury is fatal. Workers' compensation does NOT cover pain and suffering. It is the exclusive remedy against your direct employer for most workplace injuries — meaning you generally cannot sue your employer for additional damages.

Can I sue someone other than my employer after a workplace accident on Long Island?

Yes — in many cases. While workers' compensation is typically the exclusive remedy against your direct employer, you can still bring a personal injury lawsuit against third parties who caused or contributed to your injury. Common third-party defendants in Long Island workplace accident cases include: property owners other than your employer (Labor Law §§ 240 and 241 for construction accidents); manufacturers of defective equipment or machinery (product liability); contractors or subcontractors on multi-party construction sites; motor vehicle drivers if you were injured in a work-related car accident; and equipment rental companies. Third-party lawsuits can recover pain and suffering damages that workers' compensation does not pay.

What is New York Labor Law Section 240 (the Scaffold Law)?

New York Labor Law Section 240 imposes absolute liability on property owners and general contractors when a worker is injured in a gravity-related accident — falls from scaffolds, ladders, roofs, or elevated work areas, or when objects fall and strike workers below. Unlike ordinary negligence, the injured worker under Section 240 does not need to prove the owner was careless — only that proper safety devices were not provided and that failure caused the injury. New York is the only state with this absolute liability standard. If you were injured in an elevation-related accident on a Long Island construction site, Section 240 may give you the right to sue the property owner and general contractor directly, in addition to receiving workers' compensation benefits.

What should I do if my employer tells me not to report the injury?

Report it anyway and document that you did so. An employer who discourages or threatens you not to report a workplace injury may be violating New York Labor Law's anti-retaliation provisions. Under Workers' Compensation Law Section 120, it is illegal for an employer to discharge or penalize a worker for filing a workers' compensation claim. If you face retaliation — termination, demotion, reduced hours, hostility — contact an attorney immediately. You have independent legal remedies for retaliation separate from your injury claim. Never let an employer convince you that reporting will 'hurt the company' or 'cost you your job' — your rights under New York law are more important than their convenience.

What is an IME and how does it affect my workers' compensation claim?

An Independent Medical Examination (IME) is a medical evaluation requested by your employer's workers' compensation insurance carrier. Despite the name, IME doctors are hired and paid by the insurer and frequently produce reports that minimize your injuries or suggest you can return to work before you are ready. You are legally required to attend scheduled IMEs under Workers' Compensation Law. However, you have the right to bring your own medical expert to rebut an IME report. Keeping detailed records of your symptoms, treatment, and functional limitations — and reporting them consistently to your own treating physician — is the best defense against an IME that undervalues your injuries.

Should I hire a lawyer for a workers' compensation claim on Long Island?

For minor injuries that resolve quickly, you may be able to navigate workers' compensation on your own. For any serious injury — fractures, spinal injuries, neurological damage, conditions requiring surgery, or injuries that affect your ability to do your job long-term — legal representation significantly improves outcomes. An attorney can ensure your claim is properly filed, fight IME reports that minimize your injuries, litigate disputes before the Workers' Compensation Board, and identify third-party liability claims that workers' compensation alone does not cover. The Law Office of Jason Tenenbaum, P.C. handles workers' compensation cases and third-party workplace injury lawsuits on Long Island on a contingency fee basis — no fee unless we recover for you.

Related Resources

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Content reviewed by Jason Tenenbaum, Esq., licensed in New York State since 2002. This guide is for informational purposes only and does not constitute legal advice. Consult an attorney regarding your specific situation.