FastCounsel

Disclaimer: This article is for general information only and does not constitute legal advice.

Detailed Answer

Under New York law, both employees and employers must notify the Workers’ Compensation Board when a workplace injury occurs. You can verify whether a workers’ compensation claim (often called a “claim petition”) has been filed by taking the following steps:

1. Ask Your Employer or HR Department
   Your employer’s human resources or risk management team should confirm whether they filed a claim petition on your behalf. They can provide you with the claim number, insurance carrier details, and contact information for the carrier’s adjuster.
2. Check with the Insurance Carrier
   If you know the name of your employer’s workers’ compensation insurer, contact its claims department. Provide your name, injury date, and employer name. The carrier can confirm receipt of your notice and any pending petition.
3. Use the NY WCB Online Case Search
   The New York Workers’ Compensation Board (WCB) offers a public Board Case Search. Enter your name, claim number (if available), or employer name to see whether a claim petition is on file.
4. Contact the WCB Helpline
   Call the WCB at 1-877-632-4996 (toll free). Provide your personal and case details. A representative can verify if the Board received your petition.
5. Review Your Filed Documents
   Under New York Workers’ Compensation Law §25 (WCL §25), your employer or its insurer must promptly file your claim petition after receiving notice of injury. Ask for a copy of the filed petition and any Board correspondence for your records.
6. Submit a FOIL Request
   If other methods fail, submit a Freedom of Information Law (FOIL) request to the WCB Records Access Office. You can request copies of your claim file. See the WCB Records Access page for details: WCB FOIL Requests.

Helpful Hints

• Keep copies of all accident reports, medical records, and correspondence.
• Note the date you first reported your injury to your employer.
• Always follow up requests in writing—email or certified mail works best.
• Record the names of anyone you speak with and the dates of conversations.
• If you learn no claim was filed, you can file a claim petition yourself with the WCB under WCL §25.
• Consider consulting a qualified attorney for guidance on deadlines and procedure.