Founding attorney Gil Panzer · 30+ years of litigation experience
Workers’ Compensation Lawyer in New York
Hurt at work in New York? Get help pursuing medical care, lost income, and a clear next step in your claim.
1000+ Claim &
Award Payouts
Google 5-Star
Rated Law Firm
No Fees Unless
You Get Paid
No attorney’s fees or case costs unless there is a recovery. Prior results do not guarantee a similar outcome.
Our Law Firm
When Your Injury Is Clear but the Next Step Is Not
You do not need a perfectly organized file before contacting us. Start with the question you most need answered.
You know why you cannot lift the same load, finish the same shift, or use your hand the way you did before. What may be less clear is why treatment has not been scheduled, why a payment changed, or which paperwork you are expected to file.
You might be a home health aide on Long Island, a building employee in Manhattan, a warehouse worker near Syracuse, or an employee in Albany whose regular tasks have become painful. Your job and your recovery have their own details. Your claim should not be reduced to a label on a form.
At Panzer Law, the conversation starts with those details. We want to understand what you do at work, what your medical provider has said, and what is happening with the insurance company. You do not need a complete file or a legal vocabulary to request a free consultation.
Workers’ Compensation in New York
Our New York Locations: Albany, Long Island, Manhattan, and Syracuse
Panzer Law serves injured workers throughout New York State. Our four New York locations are listed below in alphabetical order. Contact the firm to discuss your claim and appointment arrangements before traveling to an office.
Albany Workers’ Compensation Lawyer
Help for workers in Albany and the surrounding Capital Region, including questions about job duties, injury reporting, and disputed benefits.
Long Island Workers’ Compensation Lawyer
Help for injured workers in Nassau and Suffolk counties, including those with multiple jobs or assignments at different worksites.
Manhattan Workers’ Compensation Lawyer
Help for employees working in Manhattan and New York City, including workers who commute from another borough or outside the state.
Syracuse Workers’ Compensation Lawyer
Help for injured workers in Syracuse and Central New York with medical-care, lost-income, and claim-resolution concerns.
The Board provides a statewide virtual-hearing system. Whether your matter requires a hearing and how you must participate depend on its notices and requirements. Your nearest Panzer location is not necessarily a hearing venue.
Panzer Law’s Approach
How Our New York Workers’ Compensation Practice Can Help
Workers’ compensation representation should address what your claim actually needs. A new filing, a disputed medical request, and a proposed settlement can require different work. We explain the issue, the evidence needed, and the decisions you face.
Medical Treatment and Payment Problems
A treatment delay is not always the same as a denial of the entire claim. We review what was requested, whether a response was issued, and what the medical records say. When payments are missing or disputed, we examine the wage information, work restrictions, and benefit periods involved.
Claim Preparation and Supporting Evidence
We discuss the injury timeline, employment details, notice to your employer, and information submitted to the Workers’ Compensation Board. Medical reports, wage records, job descriptions, and witness information can help explain both what happened and how the injury affects your ability to work.
Initial Claim Disputes and Board Hearings
An insurer may dispute whether an injury is work-related, the degree of disability, or the benefits owed. The Board resolves those questions. Depending on the dispute, our work may include preparing evidence and representing an injured worker at a hearing before a Workers’ Compensation Law Judge.
Permanent Benefits and Settlement Decisions
When an injury leaves lasting limitations, or the insurer proposes an agreement, we discuss what the decision would mean. The amount offered matters, but so do the benefits being resolved, future treatment, and the amount you would receive after applicable deductions.
Highly Experienced Legal Representation in New York
A Workers’ Compensation Practice for Injured Workers
Our law firm focuses on workers’ compensation representation for injured employees. We help clients organize the facts, understand benefit disputes, and consider their options before making decisions about their claims.
Richard Zaberto
New York Attorney
Richard Zaberto — New York Attorney
Richard Zaberto has represented thousands of injured workers before the New York State Workers’ Compensation Board. His work focuses on helping New York clients pursue medical care, wage-loss benefits, and other workers’ compensation benefits available under state law.
Richard earned his law degree at Brooklyn Law School. His experience with New York claims informs how he reviews medical evidence, explains the process, and prepares to address disputed benefits.
Gilbert Russell Panzer, Jr.
Founding Attorney
Gil Panzer’s Experience and WILG® Recognition
Founding attorney Gil Panzer brings more than 30 years of workers’ compensation litigation experience, including insurer negotiations, mediation, and taking cases to trial. His approach includes listening to the client’s concerns and evaluating the legal, financial, and practical consequences of the available options.
The Workers’ Injury Law & Advocacy Group® Board of Directors first recognized Gil as a Top Injured Workers’ Attorney on July 22, 2022. According to WILG®, the invitation-only recognition acknowledges leadership, an excellent professional reputation, and a sincere commitment to representing injured workers.
Professional recognition does not guarantee an outcome. Your claim depends on its facts, evidence, and applicable law.
What to Do After a Workplace Injury
What to Do After a Work
Injury in New York
Early details can make a confusing claim easier to discuss. Keep records, ask questions, and make sure your actual job duties are clear.
STEP 01
Get Medical Care and Explain That the Injury Is Work-Related
Seek emergency care when necessary. For ongoing nonemergency treatment, confirm that the provider can treat New York workers’ compensation patients under the applicable rules. Give the provider your employer’s information and explain how the injury relates to your work.
STEP 02
Notify Your Employer in Writing
Report an accidental injury promptly. New York generally requires written notice to your employer within 30 days. Describe when and where the injury occurred and keep a copy. Exceptions exist, but do not rely on an exception instead of giving timely notice.
STEP 03
File Your Employee Claim With the Board
Reporting to your employer is not the same as filing your own claim. The Employee Claim, Form C-3, informs the Board about your injury. An accident claim generally must be filed within two years. Occupational-disease claims involve separate rules concerning disablement and knowledge of the work connection.
Do not wait for an adjuster’s response to check the deadline that applies to you. Save the insurer’s claim number, Board case number if available, medical work-status reports, pay records, and correspondence. Note the date of every request that remains unresolved. Those details make a consultation more useful than a stack of papers with no timeline.
Answers to Your New York Claim Questions
Answers for Every Stage of Your New York Workers’ Compensation Claim
Understand the rules, records, and decisions that can affect your medical care, income benefits, and next steps.
Who May Have a New York Workers’ Compensation Claim?
New York requires workers’ compensation coverage for most employers. A part-time schedule does not by itself rule out employee coverage. The nature of the employment relationship matters, including who hired, directed, and paid the worker. Not every person described as an independent contractor is legally one.
A claim may involve a sudden incident, such as lifting or a fall, or a qualifying condition that develops through work over time. Describe your actual duties, not only your job title. The difference between occasionally lifting a box and repeatedly moving heavy supplies can be important to the medical history.
A preexisting condition is not an automatic disqualification. A work-related aggravation can require careful medical evidence separating the prior condition from the disability now claimed. Accidental-injury and occupational-disease theories have different requirements; neither should be reduced to a blanket promise of coverage.
Living outside New York does not by itself prevent a New York claim. Where you worked, how the employment was connected to the state, and where the injury occurred are details to discuss. The statewide system is not limited to New York City residents.
Choosing a Doctor and Getting Treatment Authorized
New York generally allows an injured worker to select a Board-authorized physician, subject to exceptions such as applicable preferred-provider arrangements. Your regular doctor may be an option if properly authorized. Choosing a provider and obtaining authorization for a particular treatment are different questions.
The Board’s Medical Treatment Guidelines govern care for many conditions. Some care can proceed under those guidelines; other services require a prior authorization request. We can discuss the claim-related issue with you, but your medical provider recommends treatment and submits the appropriate medical request.
An insurer-scheduled independent medical examination is an evaluation, not a replacement for your treating provider. Read the notice carefully, describe your symptoms and work duties truthfully, and share the notice with your lawyer. The resulting opinion may affect a dispute about disability or care.
When Benefits Are Delayed, Disputed, or Initially Denied
Start with the explanation you actually received. Is the insurer disputing the accident, a body part, a period of lost time, or one treatment request? A general statement that “workers’ comp denied me” can describe several very different problems.
Save the written notice and its date. Tell us what information has already been submitted and whether the Board has scheduled a hearing. We review whether the issue is within the matters our firm handles and what evidence is needed to address it.
Some disputes are resolved without a formal hearing; others require a Workers’ Compensation Law Judge to consider the evidence. A claim’s initial rejection by an insurer is not the same as a judge deciding the disputed issue.
You should also keep attending appropriate medical follow-ups and preserve current work-status information. A claim may need more than an initial diagnosis to explain why work restrictions or a period of lost earnings continue.
Returning to Work and Understanding Ongoing Benefits
A light-duty offer should be compared with your actual restrictions and the duties you would perform. Ask for the assignment details, hours, and pay in writing. Discuss concerns with your treating provider rather than assuming that a job’s label tells you whether it is suitable.
Returning to work does not always end workers’ compensation questions. You may still need covered treatment, have qualifying reduced earnings, or need evaluation of a permanent impairment. Report work and earnings accurately and keep records of any change.
The practical question is not only whether you are “back.” It is whether you can do the assigned work, what you are earning, and which benefits remain at issue. Panzer Law can discuss those changes in the context of your claim.
Before You Agree to a New York Workers’ Compensation Settlement
A Section 32 waiver agreement can resolve all or part of a New York workers’ compensation claim, subject to Board approval. An agreement may settle wage benefits, medical benefits, or both. The written terms control; there is no requirement to accept an offer simply because the insurer made one.
When medical benefits are included, understand who will be responsible for future care and what funds are allocated for it. A larger headline amount does not necessarily leave you in a better position if important obligations are overlooked.
We review the proposed agreement alongside the medical evidence, work capacity, and unresolved benefits. We also discuss the net payment after approved fees, case expenses, and any other applicable deductions. You should know both what you receive and what rights you give up.
Bring the complete settlement documents to the consultation. An amount mentioned in a telephone call is not a substitute for reviewing the agreement itself.
New York Workers’ Compensation Claim Cost
How New York Workers’ Compensation Works
New York workers’ compensation generally provides medical care and wage-replacement benefits for eligible employees with covered work-related injuries or illnesses. It is a no-fault system: you ordinarily do not have to prove that your employer was negligent.
Who May Be Covered?
Most New York employers must provide workers’ compensation coverage. Part-time, temporary, and seasonal employees of for-profit businesses are generally included. Being newly hired does not automatically exclude you, and receiving a particular tax form does not replace a review of the actual working relationship.
Different rules can apply to certain public employees and specialized work. Tell us who hired, directed, and paid you. A discussion about eligibility should begin with those facts, not a blanket assumption based on your job title.
New York Workers’ Compensation Injuries to Discuss
Work Injuries and Occupational Conditions We Can Discuss
Some claims begin with one event. Others concern symptoms that develop through repeated tasks or workplace exposure. These examples illustrate questions to discuss; they are not statements that every condition is covered or descriptions of particular Panzer cases.
Construction, Maintenance, and Physical Work
A fall, equipment incident, lifting injury, or repeated overhead task may affect your ability to do the job. On a site with several contractors, keep the jobsite address, hiring information, assignment messages, and names of people who saw what happened.
Healthcare, Hospitality, and Service Work
Helping a patient move, cleaning rooms, carrying supplies, or standing through a long shift can become difficult after an injury. Describe the movements your job requires. “Light duty” may mean something very different to a nurse, a hotel employee, and a cashier.
Warehouses, Manufacturing, and Repetitive Tasks
Repeated gripping, scanning, lifting, or equipment use can raise questions about a condition that developed over time. A qualifying occupational disease must be connected to the nature of the work. Explain when symptoms began, the tasks involved, and what your medical provider has told you.
Do not wait for an adjuster’s response to check the deadline that applies to you. Save the insurer’s claim number, Board case number if available, medical work-status reports, pay records, and correspondence. Note the date of every request that remains unresolved. Those details make a consultation more useful than a stack of papers with no timeline.
STEP 01
We begin with your employer, the accident or symptom timeline, the treatment received, and your current work situation. Tell us about the immediate problem, whether it is a missing payment, a treatment request, an insurer’s letter, or a settlement proposal.
STEP 02
Bring the information you have: claim numbers, incident reports, medical work-status notes, wage records, and correspondence from the insurer or Board. Include records of a second job and any proposed agreement. You can still contact us when some documents are missing.
STEP 03
The conversation is an opportunity to understand whether we can help and what information is needed next. There is no need to decide on a settlement or understand every legal term before asking questions.
Panzer Law FAQs
New York Workers’ Compensation
Practice FAQs
Do I need a lawyer to file a New York workers’ compensation claim?
No. You may file and pursue a New York claim without a lawyer. Representation can be useful when medical care, wages, work capacity, or settlement terms are disputed. The Workers’ Compensation Board also provides information and assistance to injured workers.
How long do I have to notify my New York employer after a work accident?
New York generally requires written notice within 30 days of a workplace accident. Report promptly and keep a copy. Exceptions can apply, but a late report can create a dispute. Occupational-disease notice and filing questions require separate attention.
Should I file Form C-3 if my employer already reported the injury?
Yes. File your own Employee Claim, Form C-3, promptly rather than relying only on the employer’s incident report. The general accident-claim filing deadline is two years. Reporting to the employer and protecting a claim before the New York Workers’ Compensation Board are separate steps.
Can I choose my own doctor for a New York workers’ compensation claim?
Generally, you may select a Board-authorized physician, subject to exceptions such as applicable preferred-provider arrangements. Your regular doctor may qualify if authorized. Ask about authorization before nonemergency treatment; choosing a doctor does not automatically authorize every proposed service.
What can I do when treatment for my New York work injury is delayed?
Identify the requested treatment, the date it was requested, and any insurer response. Some care follows the Board’s Medical Treatment Guidelines; other services require prior authorization. Your medical provider submits medical requests. Panzer Law can review the claim-related dispute and supporting records with you.
How are weekly New York workers’ compensation payments calculated?
The calculation depends on average weekly wage, disability level, actual earnings where relevant, and the applicable state maximum. Temporary total disability generally uses two-thirds of average weekly wage. Partial-disability and reduced-earnings situations may differ; the system does not guarantee your full salary.
Are the first seven days off work payable in New York?
Lost-wage benefits generally do not cover the first seven days unless disability lasts more than fourteen days. When that threshold is met, the initial period may become payable. Necessary medical care is not subject to the same wage-benefit waiting period.
Can overtime or a second job affect my New York benefit rate?
Yes. Average weekly wage uses gross earnings and can include overtime. Qualifying earnings from concurrent covered employment may also matter. Provide records for every job held when injured, including schedules and pay statements, so the correct calculation can be evaluated.
Can a preexisting condition affect my New York workers’ compensation claim?
Yes, but it does not automatically defeat a claim. Medical evidence may establish a work-related aggravation or additional disability. The requirements depend on whether the claim concerns an accident or an occupational disease. Give your provider and lawyer an accurate history of prior symptoms and treatment.
Can I have a New York claim without one identifiable accident?
Possibly. A qualifying occupational disease may develop through work over time. Medical evidence must connect the condition to the nature of the employment. Filing periods can depend on disablement and when you knew or should have known the condition was work-related. Do not assume every condition follows an accident-date deadline.
What happens when a New York insurer initially denies a workers’ compensation claim?
Keep the notice and identify the reason given. A dispute may concern work-relatedness, medical evidence, disability, or another requirement. The Board can resolve disputed benefits through the applicable process. Panzer Law can discuss initial insurer denials and unresolved benefit issues within its accepted practice.
Does reaching maximum medical improvement end all New York benefits?
No. Maximum medical improvement does not automatically terminate every benefit. A permanent impairment may require evaluation, and medical care may remain available. Duration and entitlement depend on the benefit category, work capacity, medical evidence, and any agreement that resolves rights.
Can I still receive New York benefits after returning to work?
Possibly. Covered medical care, qualifying reduced-earnings benefits, or a permanent impairment award may remain relevant. Report your work and earnings accurately. Discuss the actual duties, pay, and medical restrictions before assuming that returning to work ends every part of the claim.
Is a Schedule Loss of Use award the same as a Section 32 settlement?
No. A Schedule Loss of Use award concerns a qualifying permanent functional impairment under New York’s statutory framework. A Section 32 agreement is a negotiated resolution of all or part of a claim that requires Board approval. The rights affected and the calculations are different.
Does a New York Section 32 settlement always close medical benefits?
No. An agreement may resolve wage benefits, medical benefits, or both. Read the actual terms. When medical benefits are settled, understand your future treatment responsibilities and the funds allocated for care. You do not have to accept an offer merely because it was made.
What will I pay Panzer Law for a New York workers’ compensation case?
The consultation is free, and no attorney’s fees or case costs are owed unless there is a recovery. New York attorney’s fees require Board approval and follow the statutory calculation for the award involved. Approved fees are generally deducted from compensation rather than paid directly by the worker.
How long does a New York workers’ compensation case take?
There is no single timeline for all claims. Acceptance, medical evidence, disputed issues, hearing needs, and settlement discussions affect the process. Receiving an initial benefit payment is not the same as resolving the entire claim. Keep medical information current and respond promptly to requests for records.
Where does Panzer Law help workers with New York claims?
Panzer Law serves injured workers throughout New York State from Albany, Long Island, Manhattan, and Syracuse. Contact the firm to discuss your claim and appointment arrangements. These are the firm’s four New York locations, not a limitation to claims arising inside those city boundaries.
Panzer Law Resources
Official Workers’ Compensation Resources
The resources below explain workers’ compensation procedures and legal-fee rules in each state. They are general information, not an assessment of your claim or an endorsement of any particular attorney.
Talk With Panzer Law
Talk With Panzer Law About
Your New York Work Injury
You may be starting a claim, trying to get an answer about treatment, or facing a settlement decision. Tell us what happened and what you need help understanding. We will discuss your circumstances and whether our workers’ compensation practice can help.
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