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Vincent J. Rossillo

Attorney Profile

Top Rated Workers' Compensation Attorney in White Plains, NY

Fine Olin & Anderman LLP
1 N Broadway, Suite 900
White Plains, NY 10601
Phone: 646-253-4783
Selected to Super Lawyers: 2021
Licensed in New York Since: 1985
Education: New York Law School
Practice Areas: Workers' Compensation: Claimant (70%), Social Security Disability (20%), Employment & Labor: Employee (10%)
  • Free Consultation
Attorney Profile

Attorney Vincent J. Rossillo is a partner with FOA Law in White Plains, New York. A top-ranked lawyer with more than 35 years of total legal experience, Mr. Rossillo provides unmatched counsel and support to clients throughout Westchester County and the surrounding areas of the New York City metro who have legal needs involving any of the following:

·       Workers' compensation

·       Social Security Disability

A highly compassionate attorney, Mr. Rossillo has spent nearly his entire legal career advocating on behalf of New York's injured and disabled workers, and he has recovered substantial amounts of compensation on their behalf. A staunch advocate for those he serves, he has gained a reputation for his remarkable legal abilities along with his unwavering commitment to helping his clients obtain the finances they need to support themselves and their families when they can no longer work.

Over the course of his legal career, Mr. Rossillo has successfully handled cases involving Longshore & Harbor Workers’ Compensation matters as well as New York State Workers’ Compensation Discrimination matters and New York State Disability Retirement issues along with workers' compensation and SSDI. He has also conducted lectures and seminars on a variety of topics such as OSHA Whistleblower Protections for injured workers, New York State workers' compensation, Social Security Disability and other topics.

In addition, he routinely conducts lectures and continuing legal education seminars across his region, and he regularly speaks before various labor and union groups across the state. He is the president-elect of the Society of New York Workers’ Compensation Bar Association, and he is an active member of the Injured Workers’ Bar Association, the Hudson Valley Advisory Board for the Mt. Sinai Center for Occupational & Environmental Medicine, the New York Committee for Occupational Safety & Health, and other organizations.

A graduate of Fordham University, Mr. Rossillo began his legal career in 1985 after obtaining his Juris Doctor from New York Law School and his license to practice from the New York State Bar Association.

Practice Areas
  • 70%Workers' Compensation: Claimant
  • 20%Social Security Disability
  • 10%Employment & Labor: Employee
Focus Areas

Unions

Selections

1 Years Super Lawyers
  • Super Lawyers: 2021

About Vincent J. Rossillo

First Admitted: 1985, New York

Professional Webpage: https://www.foalaw.com/attorneys/vincent-j-rossillo/

Educational Background

  • Fordham University, Bachelor's Degree, 1981

Pro bono/Community Service

  • Board Member, Hudson Valley Occupational Health Clinic, 2019
  • Mayor, Village of Dobbs Ferry, New York :  https://www.dobbsferry.com/office-mayor, 2019

Bar/Professional Activity

  • NOSSCR (National Organization of Social Security Claimants' Representatives) - Member, 2019
  • New York Workers' Compensation Bar Association - Board of Directors/Member, 2019
  • Injured Workers’ Bar Association - Member, 2019
  • President, Society of New York Workers' Compensation Bar Association., 2017

Videos

  • It is very important to have updated medical reports throughout your workers' comp case. Initially, in order to have a case stablished by the Workers' Compensation Board, you have to produce an initial report of disability and that report has to give a history of the accident, the diagnosis of the accident, and the doctor has to provide an opinion of causal relationship. For those who are out of work and claiming they cannot work due to their disability, they are seeking to receive regular weekly compensation/monetary benefits. In order to receive those benefits, they must provide ongoing medical reports from their doctor that document their degree of disability and indicate whether or not that person can work and that must be provided on a regular basis - every 90 days. In an effort to expand the roster of healthcare professionals that can treat in workers' compensation cases, the Workers' Compensation Law now permits other types of healthcare providers to treat and file reports. Nurse practitioners, chiropractors can see someone for spinal injuries only, and physician's assistants are now permitted to treat. Check with Workers' Compensation Board or healthcare provider or our office to determine if they are approved providers in workers' comp cases. There are two types of awards for permanency awards which are explained in the video in further detail. , Workers' Compensation Claim and Updated Medical Reports, 2020
  • Social Security Disability (SSDB) is a payroll tax funded federal insurance program managed by Social Security. If you have stopped working or are considering retirement due to an injury or illness that prevents you from working, you should consider applying. SSDB provides monthly income. Supplemental Security Income (SSI) is a federal program funded by general tax revenue designed to help disabled people with no real income and assets of no more than $2,000. It provides cash to meet basic needs for food, clothing and shelter. You may be eligible for SSDB if you meet all 3 of the following criteria: Are at least 18 years of age but have not yet reached your full retirement age; Have worked 5 of the last 10 years preceding the date of disability; And are unable, due to medical reasons, to hold any substantial, gainful employment for at least one year. If your SSD claim is approved, the benefits are: You will receive a monthly payment equal to the amount that you would receive from Social Security if you had reached full retirement age; Medicare health insurance coverage is provided to SSD recipients after they have been receiving SSDB for 2 years; and SSD can be supplied on either a temporary or permanent basis, usually directly correlated to whether the person's disability is temporary or permanent. FOA can file the application for you. However, if you prefer, you can go to your local Social Security Administration office and apply in person; apply over the telephone by calling 800-772-1213; or you can apply online: www.socialsecurity.gov. You can review your potential benefit amount with the Online Benefits Calculator at SSA.gov. If you pass away and have minor children who are still in school, they would be entitled to receive benefits on your account until they reach age 19 or graduate from high school, whichever comes first. If you receive workers’ compensation or other public disability benefits, AND Social Security Disability Benefits, the total amount of these benefits can’t exceed 80 percent of your average current earnings before you became disabled. SSA can you send you to a doctor of their choice to be evaluated even your doctor supports the SSDB claim before making a decision. , How to File for Social Security Disability in New York State, 2020
  • Accidents that occur while on lunch or a coffee break could be covered under the Workers' Compensation Law. Accidents must arise out of and in the course of employment. The employee may be covered if they were going to a business lunch and got hit by a car. If an employee slipped and fell in the workplace cafeteria, they would be covered even if they signed out and was on lunch or a coffee break. If an employee does not work out of a particular office, they are considered 'outside employees' such as an employee who is on the road meeting clients... they would be covered from the moment they leave home. Make it clear to your doctor that it is a workers' compensation claim so your private health insurance is not utilized. , Workers’ Compensation and Accidents that Occur while on Lunch or a Coffee Break, 2020
  • Situations where death was somehow caused by workplace activities. Workplace deaths are devastating on so many levels. A death claim could be established under the New York State Workers' Compensation Law in many ways. For example, if someone immediately dies as a result of an accident, for instance a car accident or being crushed by a machine. Unfortunately, we have lately had a number of cases, where people had COVID-19 and eventually died of complications of coronavirus. Who is eligible to file for death benefits? The law first looks to see if there was a surviving spouse or minor children. If there are, they would be entitled to collect the death benefit. If there aren’t any, the law would look to see if there are any dependent family members such as parents or grandchildren. If there are no surviving dependents, a lump sum of $50,000 is payable to surviving parents (even if they are not dependents), if there are no surviving parents, that amount is payable to the estate. , Workers' Compensation and Death Claims, 2020
  • A consequential injury claim is an additional injury that occurs (on or off-the-job) as a consequence of the original work-related injury. For example, if you injured your right knee at work, but now when you walk, you favor the other leg, and your left knee is now affected, the original injury (right knee) caused the new injury (left knee). You may be eligible for benefits for the left knee because of the connection to the right knee injury. If I have a physical disability due to a work-related injury but I find myself depressed and need medical treatment for my depression – would that be covered? It’s possible. Many people are used to working and being pain free. So, if there is the appropriate medical evidence, a claim can be made that they suffer from depression as a consequence of the underlying physical accident. To prove the connection of the injuries: as in most cases, it comes down to evidence. You will need to provide the New York State Workers' Compensation Board with a medical report that provides a history, diagnosis and an opinion that it was related. , Workers' Compensation and Consequential Injury Claims, 2020
  • Social Security Disability is a federal program that employees pay into if they are working on-the-books - the deductions taken out of our paychecks that are used to pay for our retirement once we hit our normal retirement age. If you cannot work and meet the disability criteria, you are entitled to monthly benefits. You can apply online, over the phone, or go to the local Social Security office and apply in person. However, FOA is able to help you file a claim. Your doctor will need to provide medical reports for the application process. Social Security Disability Benefits is different than Social Security Income which is explained further in this video. FOA can assist you throughout this process by gathering medical evidence, submit to the Social Security Administration (SSA), prepare you for hearing, take testimony. The attorney would appeal your case if necessary. There is not an attorney's fee if you do not win your case. If you are found to be eligible and receive an award, the SSA will determine the fee. , Social Security Benefits (SSDB) Overview, 2020
  • Under New York Workers' Compensation Law, you may enter into a Section 32 lump sum agreement with the insurance company representing your employer rather than receive weekly payments as an injured worker. Self-insured employers and third parties can also enter this type of arrangement with workers injured on the job. A Section 32 settlement differs significantly from a Loss of Use award (SLU) is that it typically closes your case, even if you have a permanent disability. With a schedule loss claim, you receive a weekly payment for a maximum number of weeks accordingly to your percentage of loss. We understand that accepting a lump sum settlement has both positive and potentially negative consequences to consider. Because of our many years of experience with this legal issue, we can assist you with choosing an option in your best interest as quickly and efficiently as possible. One of the major benefits of accepting a settlement is that your payout is tax-free and you never have to deal with anything involving a workers’ compensation settlement again. You also have no restrictions on how you can use the money. While you may spend most of it on medical expenses, you can also spend it to take a vacation, pay for a child’s college education, or any other way that you see fit. You need to carefully consider that you have no right to future claims even if you require surgery or need more medical treatment or a higher level of medical benefits than you initially expected. This type of claim is also entirely different from a social security disability claim. Our attorneys will use our significant experience with workers’ compensation settlements to advise you accordingly on whether you should attempt to negotiate for a lump sum payout or stick with the traditional method of weekly workers’ compensation payments. , Workers' Compensation Settlements, 2020
  • An IME stands for Independent Medical Exam. The insurance company arranges and pays for a doctor of their choosing to perform an examination and prepare a report in relation to your workers' compensation case. This doctor is examining you on behalf of the insurance company. There a few scenarios as to when the insurance company requests this opportunity which we go over with you in this video and you do have certain rights we would like you to be aware of. It is important you are truthful on the questionnaire concerning your physical condition. You should not answer questions regarding your ability to look for work or perform work. You should limit your answers to your ability to perform certain physical functions. , Workers' Compensation IME Exams, 2020
  • If a worker is diagnosed with the coronavirus, can they file for workers’ compensation benefits? YES! Workers can file for workers’ compensation benefits if they have contracted the coronavirus from an accident or occupational disease that arises out of the course of their employment. You can file a claim without a diagnosis, but you still must provide information regarding the details of the exposure at work. If a worker at a hospital was in contact with coronavirus patients and then tests positive for COVID-19, would this be considered an occupational disease? Yes, if it arises out of the course of their specific job duties. If the hospital worker was responsible for direct patient care and develops the coronavirus, but the exposure happened over the course of time or they aren’t sure of the exact date they would have a claim for an occupational disease. In a claim for an occupational disease, you have two years from the day you knew or should have known the condition was work related to notify your employer. If a telecommunications equipment installer contracts the coronavirus as a result of performing work, is this considered a workplace accident? Yes, generally any worker exposed to the coronavirus in the course of their employment has a claim for an accident. The worker has 30 days from the exposure to notify their employer. A medical report giving a diagnosis and history of the exposure is also required. If a worker suspects they have contracted the coronavirus, a claim must be filed with the New York State Workers’ Compensation Board within two years of the date of accident or in the case of an occupational disease, two years from the day they knew or should have known the condition was work-related. Under the Workers’ Compensation Law, the benefits workers who are diagnosed with the coronavirus entitled to: medical benefits and a wage replacement benefit that is up to 2/3 of your average weekly wage. However, the appropriate statutory maximums will apply with regard to the wage replacement benefit. , Contracting Coronavirus and Filing for Workers' Compensation, 2020
  • Every employee in New York State is covered under the Workers' Compensation Law. Every employer is required to buy a policy and the employee does not contribute to this policy whatsoever. Your private health insurance is not supposed to pay for work-related conditions - so, you should file a workers' compensation claim if you have a work-related injury or illness. You receive medical coverage through workers' comp. No co-pay, no deductible. You are entitled to monetary benefits if you cannot work as a result of this condition. If you work in a facility where you know you were exposed to a patient or another co-worker who tested positive for COVID-19, that is a specific incident you can identify - as an accident. If you are a healthcare provider whose job it is is to deal with coronavirus positive patients but you cannot state your exact date, time, or location of your exposure, that could be considered an occupational disease. Throughout your work activities, you were exposed to COVID-19 positive patients. Either case, if it is an accident or an occupational disease, keep note of your exposure in the event you must testify. Workers' compensation is a NO-FAULT system. , Workers' Comp and COVID-19 FAQs, 2020
  • Work-related stress may be compensated under the Workers' Compensation Law. It is a very difficult and complicated case to get established. Contact FOA today for a free case evaluation! Workers' comp benefits include: lifetime medical coverage to the established site, monetary benefit depending on your salary. The Workers' Compensation Law does not protect your job while you are out of work. If you belong to a union, you may have contractual benefits that protect you. If you are covered under the Family Medical Leave Act (FMLA), you have those protections. There are certain requirements that must be met to establish a case which are explained in further detail in the video. , Workplace Stress and Workers' Compensation, 2020
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Office Location for Vincent J. Rossillo

1 N Broadway
Suite 900
White Plains, NY 10601

Phone: 646-253-4783

Last Updated: 8/20/2021

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