# Schwartzapfel Holbrook

> Schwartzapfel Holbrook is a New York personal injury and workers' compensation trial firm based in New York City and Long Island. The firm handles construction site accidents, motor vehicle accidents, workplace injuries, and wrongful death under New York Labor Law, Insurance Law, and Workers' Compensation Law. Lead attorney: Steven Schwartzapfel. Website: https://www.fightingforyou.com

- Geographic focus: New York City (all five boroughs) and Long Island (Nassau and Suffolk Counties)
- The firm prepares every case with the expectation that it may need to be proven at trial
- Consultations are free with no obligation
- Workers' compensation attorney fees in New York are regulated by the Workers' Compensation Board and paid from the award, not out of pocket

## Practice Areas

- [Construction & Workplace Accidents](https://www.fightingforyou.com/construction-accidents): Construction site and workplace injury claims under NY Labor Law §240 (the Scaffold Law, strict liability for gravity-related falls and falling objects), §241(6) (Industrial Code violations), and §200 (general duty to maintain a safe worksite); third-party lawsuits against owners, general contractors, subcontractors, and equipment manufacturers for recovery beyond Workers' Compensation
- [Workers' Compensation](https://www.fightingforyou.com/workers-compensation): NY workers' comp claims — benefits, permanent disability, Schedule Loss of Use, Section 32 settlements, employer retaliation
- [Car Accidents](https://www.fightingforyou.com/car-accidents): NY no-fault PIP claims and serious injury threshold lawsuits for drivers, passengers, pedestrians, cyclists

## Resources

- [FAQs](https://www.fightingforyou.com/resources/faqs): Frequently asked questions spanning firm practice, car accidents, workers' compensation, construction accidents, general personal injury, and insurance coverage
- [Articles](https://www.fightingforyou.com/resources/articles): Full article library — in-depth guides on NY personal injury, workers' comp, construction accidents, and auto accident topics

## Workers' Compensation

- [What Injured Workers Need to Know About Workers' Compensation](https://www.fightingforyou.com/resources/articles/what-injured-workers-in-new-york-need-to-know-about-workers-compensation): Hub guide — NY workers' comp system overview, benefits, deadlines, third-party claims, when to hire an attorney
- [How the New York Workers' Compensation System Works](https://www.fightingforyou.com/resources/articles/how-the-new-york-workers-compensation-system-works): Administrative system structure, Workers' Compensation Board, no-fault framework, employer obligations
- [Who Is Eligible for Workers' Compensation in New York](https://www.fightingforyou.com/resources/articles/who-is-eligible-for-workers-compensation-in-new-york): Employee vs. independent contractor, covered employers, exemptions, undocumented workers
- [The Exclusive Remedy Rule and What It Means for Your Claim](https://www.fightingforyou.com/resources/articles/the-exclusive-remedy-rule-and-what-it-means-for-your-claim): Workers' comp as sole remedy against employer, exceptions, third-party claims that bypass the rule
- [Workers' Compensation Is a No-Fault System](https://www.fightingforyou.com/resources/articles/workers-compensation-is-a-no-fault-system-what-that-means-in-practice): No-fault coverage, employee fault irrelevant, employer defenses, intoxication exception
- [How to File a Workers' Compensation Claim in New York](https://www.fightingforyou.com/resources/articles/how-to-file-a-workers-compensation-claim-in-new-york): Step-by-step filing, C-3 form, employer notification, Board procedures
- [The 30-Day Employer Notification Requirement and the C-3 Form](https://www.fightingforyou.com/resources/articles/the-30-day-employer-notification-requirement-and-the-c-3-form): 30-day written notice deadline, C-3 filing with Board, consequences of late filing
- [Why You Should Report Every Workplace Injury](https://www.fightingforyou.com/resources/articles/why-you-should-report-every-workplace-injury-even-minor-ones): Minor injuries that worsen, documentation importance, employer reporting obligations
- [What Happens When Your Employer Discourages You From Filing](https://www.fightingforyou.com/resources/articles/what-happens-when-your-employer-discourages-you-from-filing-a-claim): Employer retaliation protections, Section 120 anti-retaliation, documentation strategies
- [Gathering and Preserving Evidence After a Workplace Injury](https://www.fightingforyou.com/resources/articles/gathering-and-preserving-evidence-after-a-workplace-injury): Photographs, witness statements, incident reports, medical records, OSHA logs
- [Record Keeping That Protects Your Workers' Compensation Claim](https://www.fightingforyou.com/resources/articles/record-keeping-that-protects-your-workers-compensation-claim): Documentation systems, medical visit logs, correspondence tracking, benefit payment records
- [Types of Injuries Covered by Workers' Compensation in New York](https://www.fightingforyou.com/resources/articles/types-of-injuries-covered-by-workers-compensation-in-new-york): Traumatic injuries, occupational diseases, repetitive stress, mental health claims, aggravation of pre-existing conditions
- [Occupational Diseases and Repetitive Stress Injuries](https://www.fightingforyou.com/resources/articles/occupational-diseases-and-repetitive-stress-injuries-under-new-york-workers-comp): Two-year filing deadline, causation proof, distinctive condition test, occupational disease vs. accident
- [Medical Benefits Under Workers' Compensation](https://www.fightingforyou.com/resources/articles/medical-benefits-under-workers-compensation-what-is-covered): Covered treatment, authorized providers, pharmacy benefits, medical equipment, travel reimbursement
- [Choosing Your Doctor and Board Authorization](https://www.fightingforyou.com/resources/articles/choosing-your-doctor-and-the-workers-compensation-board-authorization-requirement): Board-authorized providers, right to choose physician, changing doctors, specialist referrals
- [The Independent Medical Examination (IME) in Workers' Comp](https://www.fightingforyou.com/resources/articles/the-independent-medical-examination-what-it-is-and-how-to-prepare): Carrier-requested exam, preparation strategies, right to videotape, challenging IME findings
- [Medical Treatment Guidelines, Variance Requests, and Form C-4](https://www.fightingforyou.com/resources/articles/medical-treatment-guidelines-variance-requests-and-the-form-c-4-process): Board treatment guidelines, variance procedure, C-4 physician reports, prior authorization
- [How Workers' Compensation Benefits Are Calculated](https://www.fightingforyou.com/resources/articles/how-workers-compensation-benefits-are-calculated-in-new-york): Benefit rate formula, two-thirds AWW, statutory maximum, benefit categories
- [Average Weekly Wage — How It Is Determined](https://www.fightingforyou.com/resources/articles/average-weekly-wage-how-it-is-determined-and-why-it-matters): AWW calculation methods, 52-week lookback, overtime, concurrent employment, irregular earnings
- [Temporary Total and Temporary Partial Disability Benefits](https://www.fightingforyou.com/resources/articles/temporary-total-disability-and-temporary-partial-disability-benefits): TTD vs. TPD benefits, return to work with restrictions, light duty, wage differential
- [What Happens When Your Injury Becomes Permanent](https://www.fightingforyou.com/resources/articles/what-happens-when-your-injury-becomes-permanent): Classification of permanent disability, schedule vs. non-schedule, permanent total disability
- [Maximum Medical Improvement and What It Means](https://www.fightingforyou.com/resources/articles/maximum-medical-improvement-and-what-it-means-for-your-case): MMI determination, timing, effect on benefits, disputed MMI findings
- [Compensation Caps, Benefit Duration Limits, and the March 2007 Threshold](https://www.fightingforyou.com/resources/articles/compensation-caps-benefit-duration-limits-and-the-march-2007-threshold): Statutory caps, duration limits for non-schedule injuries, March 2007 reform date impact
- [Schedule Loss of Use Awards](https://www.fightingforyou.com/resources/articles/schedule-loss-of-use-awards-in-new-york-workers-compensation): SLU calculation, body part week values, percentage of loss, lump sum vs. weekly payments
- [Non-Schedulable Impairments — Head, Neck, and Back Injuries](https://www.fightingforyou.com/resources/articles/non-schedulable-impairments-head-neck-and-back-injuries): Classification system, loss of wage earning capacity, permanency determinations for spine injuries
- [Section 32 Agreements](https://www.fightingforyou.com/resources/articles/section-32-agreements-what-they-are-and-why-legal-representation-matters): Lump-sum settlement, voluntary agreement, Medicare set-aside, when to settle vs. keep case open
- [Facial Disfigurement Awards and Special Provisions](https://www.fightingforyou.com/resources/articles/facial-disfigurement-awards-and-other-special-provisions): Disfigurement compensation, Board evaluation, special provisions for specific injury types
- [Third-Party Claims and the Right to Sue Beyond Workers' Comp](https://www.fightingforyou.com/resources/articles/third-party-claims-and-the-right-to-sue-beyond-workers-compensation): Suing negligent third parties, Labor Law claims, product liability, Section 29 lien coordination
- [Workers' Compensation Liens and How They Affect Your Recovery](https://www.fightingforyou.com/resources/articles/workers-compensation-liens-and-how-they-affect-your-recovery): Section 29 lien, carrier reimbursement rights, lien reduction strategies, net recovery impact
- [Death Benefits Under New York Workers' Compensation Law](https://www.fightingforyou.com/resources/articles/death-benefits-under-new-york-workers-compensation-law): Dependent benefits, burial expense, benefit calculation for surviving spouse and children
- [When To Get a Lawyer for a Work Injury](https://www.fightingforyou.com/resources/articles/when-to-get-a-lawyer-for-work-injury): Denied claims, permanent disability, third-party claims, settlements, and how NY attorney fees work
- [How Much Compensation for a Knee Injury at Work](https://www.fightingforyou.com/resources/articles/how-much-compensation-for-a-knee-injury-at-work): Benefits, Schedule Loss of Use (288 weeks for leg), total knee replacement, third-party claims
- [Can I Sue for OSHA Violations?](https://www.fightingforyou.com/resources/articles/can-i-sue-for-osha-violations): No direct lawsuit, but OSHA citations as evidence in third-party Labor Law claims
- [Why Would You Have To Pay Back Workers' Comp?](https://www.fightingforyou.com/resources/articles/why-would-you-have-to-pay-back-workers-comp): Section 29 lien, overpayments, SSDI offset, fraud allegations
- [How Many Hours Can You Work on Workers' Comp?](https://www.fightingforyou.com/resources/articles/how-many-hours-can-you-work-on-workers-comp): TTD vs. TPD, light-duty offers, earning capacity, reporting obligations
- [Welding Injuries on the Job](https://www.fightingforyou.com/resources/articles/welding-injuries): Burns, toxic fume exposure, occupational disease, Schedule Awards, third-party claims
- [How To Prove Repetitive Strain Injury](https://www.fightingforyou.com/resources/articles/how-to-prove-repetitive-strain-injury): Two-element proof, causation evidence, two-year occupational disease deadline
- [I Got Hurt at Work — Will I Get a Settlement?](https://www.fightingforyou.com/resources/articles/i-got-hurt-at-work-will-i-get-a-settlement): Ongoing benefits vs. Section 32 lump sum, when to settle, third-party claims

## Construction Accidents

- [Injured on a Construction Site — Who Is Liable?](https://www.fightingforyou.com/resources/articles/can-i-sue-turner-construction-company): Labor Law 240 (gravity hazards), 241(6) (Industrial Code violations), 200 (general duty)
- [Can I Sue My Employer for a Rebar Injury?](https://www.fightingforyou.com/resources/articles/can-i-sue-my-employer-for-a-rebar-injury): Exclusive remedy, third-party claims, OSHA 29 CFR 1926.701(b), Industrial Code 23-1.7(e)

## Auto Accidents

- [What You Need to Know After a Car Accident in New York](https://www.fightingforyou.com/resources/articles/what-to-know-after-car-accident-new-york): Hub guide — no-fault PIP, serious injury threshold, evidence preservation, deadlines, insurance coverage, hiring an attorney
- [What To Do at the Scene of a Car Accident in New York](https://www.fightingforyou.com/resources/articles/what-to-do-at-scene-car-accident-new-york): Police report (MV-104), photographs, witness names, medical attention same day, do not discuss fault
- [Dealing With Insurance Companies After a Car Accident](https://www.fightingforyou.com/resources/articles/dealing-with-insurance-companies-car-accident-new-york): Recorded statements, early settlement offers, NF-2 application, when to involve an attorney
- [Medical Treatment After a Car Accident](https://www.fightingforyou.com/resources/articles/medical-treatment-after-car-accident-new-york): First visit baseline, treatment gaps, objective findings, symptom journal
- [Hiring the Right Lawyer After a Car Accident](https://www.fightingforyou.com/resources/articles/hiring-lawyer-after-car-accident-new-york): What to evaluate, trial experience, caseload, fee structures, when waiting costs you
- [How Insurance Companies Evaluate Car Accident Claims](https://www.fightingforyou.com/resources/articles/how-insurance-companies-evaluate-car-accident-claims-new-york): Reserves, liability analysis, damages evaluation, settlement authority, how preparation changes the number
- [Understanding New York Auto Insurance Coverage](https://www.fightingforyou.com/resources/articles/new-york-auto-insurance-coverage-explained): Liability ($25K/$50K minimums), PIP ($50K), UM, SUM, umbrella, stacking household policies
- [SUM and UM Coverage in New York](https://www.fightingforyou.com/resources/articles/sum-um-coverage-new-york): Supplemental underinsured and uninsured motorist coverage, offset rules, arbitration, cost-effectiveness
- [Filing Deadlines After a Car Accident in New York](https://www.fightingforyou.com/resources/articles/car-accident-deadlines-statute-limitations-new-york): 30-day NF-2, 90-day notice of claim, 3-year statute of limitations, 1yr 90d government deadline, 2-year wrongful death
- [What Is a Personal Injury Claim After a Car Accident](https://www.fightingforyou.com/resources/articles/personal-injury-claim-car-accident-new-york): No-fault vs. PI claim, three questions that determine viability, damages categories, eggshell plaintiff
- [The Serious Injury Threshold Under Section 5102(d)](https://www.fightingforyou.com/resources/articles/serious-injury-threshold-5102d-new-york): Statutory categories — significant limitation, permanent consequential limitation, disfigurement, fracture, permanent loss of use
- [Documentation That Proves Your Car Accident Case](https://www.fightingforyou.com/resources/articles/documentation-car-accident-case-new-york): Medical records, symptom journal, lost wages, photographs, insurance correspondence, surveillance defense
- [Being Honest With Your Lawyer and Your Doctors](https://www.fightingforyou.com/resources/articles/honesty-with-lawyer-doctor-car-accident): Attorney-client privilege, prior injuries, ISO ClaimSearch, deposition preparation, credibility
- [Social Media and Surveillance in Your Car Accident Case](https://www.fightingforyou.com/resources/articles/social-media-surveillance-car-accident-case): Carrier monitoring, physical surveillance, spoliation, privacy settings, living consistently with restrictions
- [Who Is Liable for Your Car Accident in New York](https://www.fightingforyou.com/resources/articles/who-is-liable-car-accident-new-york): At-fault driver, VTL 388 owner liability, respondeat superior, multiple defendants, municipal liability, Dram Shop
- [Commercial Vehicle Accidents in New York](https://www.fightingforyou.com/resources/articles/commercial-vehicle-accidents-new-york): Higher coverage limits, FMCSA regulations, hours of service, ELD data, driver qualification files, evidence preservation
- [When Accident Reconstruction Becomes Necessary](https://www.fightingforyou.com/resources/articles/accident-reconstruction-new-york-car-accident): Disputed liability, ACTAR experts, event data recorder, physical evidence preservation, effect on settlement value
- [How Prior Injuries Affect Your Car Accident Claim](https://www.fightingforyou.com/resources/articles/prior-injuries-car-accident-claim-new-york): Eggshell plaintiff doctrine, aggravation theory, asymptomatic degeneration vs. traumatic injury, deposition preparation
- [What Happens During a Car Accident Lawsuit](https://www.fightingforyou.com/resources/articles/car-accident-lawsuit-process-new-york): Summons and complaint, discovery, depositions, motions, settlement conferences, mediation, trial
- [The Independent Medical Examination (IME)](https://www.fightingforyou.com/resources/articles/independent-medical-examination-new-york-car-accident): Defense-scheduled exam, what to expect, how IME reports are used, treating physician response
- [How Long Does a Car Accident Case Take](https://www.fightingforyou.com/resources/articles/how-long-car-accident-case-new-york): Medical phase (6-18 months), litigation (6-12 months), settlement conferences, trial scheduling, factors that extend timeline
- [How Car Accident Settlements Work in New York](https://www.fightingforyou.com/resources/articles/car-accident-settlements-new-york): Negotiation, mediation, structured settlements, liens (Medicaid, Medicare, ERISA), net settlement calculation
- [Comparative Negligence in New York](https://www.fightingforyou.com/resources/articles/comparative-negligence-new-york-car-accident): Comparative fault under CPLR 1411, fault allocation, seatbelt defense, CPLR Article 16 joint and several liability
- [When the At-Fault Driver Is Uninsured or Underinsured](https://www.fightingforyou.com/resources/articles/uninsured-underinsured-driver-new-york): UM coverage, SUM coverage, hit-and-run claims, arbitration, stacking, policy deadlines
- [Why Preparation Determines the Outcome](https://www.fightingforyou.com/resources/articles/preparation-determines-car-accident-case-outcome): Capstone — how case preparation drives carrier evaluation, threshold evidence, trial readiness as settlement leverage
- [Can You Get PTSD From a Car Accident?](https://www.fightingforyou.com/resources/articles/can-you-get-ptsd-from-a-car-accident): PTSD as compensable injury, Section 5102(d) serious injury threshold, DSM-5 criteria
- [Can Someone Sue You for a Minor Car Accident?](https://www.fightingforyou.com/resources/articles/can-someone-sue-you-for-a-minor-car-accident): NY no-fault system, serious injury threshold, PIP coverage, liability exposure
- [Does My Car Insurance Cover Other Drivers?](https://www.fightingforyou.com/resources/articles/does-my-car-insurance-cover-other-drivers): Permissive use, VTL Section 388, household members, PIP primary/secondary
- [Can You Get a Ticket Days After an Accident?](https://www.fightingforyou.com/resources/articles/can-you-get-a-ticket-days-after-an-accident): Delayed tickets, effect on civil claims, MV-104 accident report
- [Bus Accidents in New York](https://www.fightingforyou.com/resources/articles/bus-accident-lawyer): Common carrier standard, MTA 90-day notice of claim, private carriers
- [Boating Accidents in New York](https://www.fightingforyou.com/resources/articles/boat-accident-attorney): State law vs. maritime law, Navigation Law 72-a, Jones Act
- [Car Accidents in the Bronx](https://www.fightingforyou.com/resources/articles/bronx-car-accident-lawyer): Cross Bronx Expressway, Bronx County venue, pedestrian accidents
- [Truck Accidents and Medical Emergencies](https://www.fightingforyou.com/resources/articles/can-sue-drivers-diabetes-causes-truck-accident): Sudden emergency defense, FMCSA fitness standards, trucking company liability
- [Why Intersections Are Dangerous](https://www.fightingforyou.com/resources/articles/why-are-intersections-dangerous): Right-of-way rules, comparative negligence, evidence preservation