Criscuolo, Vincent J

read moreBy contacting an attorney earlier rather than later, you gain advantages you might otherwise miss out on. When we start on your case early, we can help make sure you don't make mistakes, face common pitfalls, and damage the value of your case irreparably. After over 36 years of representing Rochester's injured workers, we've told clients time and time again: the only mistake they ever made was not hiring us early enough. By starting a discussion early, we are able to proactively create a plan of action to protect your health and the health of your legal case.

read moreAs you may know, one type of workers' compensation permanency award is a schedule loss of use award, a lump sum benefit payable for the permanent loss of function of an injured extremity. For decades, the Board consistently applied permanency guidelines to calculate the value of these awards without regard to one's ability to work or earn. In 2017, the New York State Legislature and Governor Cuomo, prompted by New York's insurance interests, directed the Board to publish new guidelines purportedly to account for ". advances in modern medicine that enhance healing and result in better outcomes."

read moreSocial Security Disability ("SSD") Insurance is available for all disabled workers who have worked long enough to earn the required amount of work credits to be insured for benefits AND meet SSA's disability criteria (some younger workers who may not have had the opportunity to earn enough work credits based on their age may also be insured under this program if they are injured or become sick to a disabling degree). SSD is a government-administered long term disability insurance program provided under Title II of the Social Security Act.

read moreNew York's injured workers are entitled to lifetime medical coverage for workplace injuries and illnesses. No copays can be charged by your medical providers. However, New York's Workers' Compensation Board publishes medical treatment guidelines that often limit and complicate securing the treatments recommended by your doctors. In addition, insurance companies often hire medical consultants to help them fight your entitlement to reasonable medical treatment.

read moreThe Workers' Compensation Board retains jurisdiction over your old claim under Section 123 of the Workers' Compensation Law. Having jurisdiction allows the Board to entertain your motion to re-open an old claim. However, under many circumstances you may only re-open an old claim if there exists a substantial justification for doing so. Among the good reasons typically allowed for re-opening old claims is that the injured worker's injury has changed or worsened (such as if surgery is now warranted where this was not the case when the claim was previously "closed").

read moreCalculating your potential entitlement to lost or reduced earnings caused by your workplace injury can be complicated. New York's workers' compensation law provides for various methods of computing your pre-injury weekly wage when you became injured or sick in order to accurately reflect your pre-injury earning capacity. Securing the most favorable method of calculating your pre-injury EARNING CAPACITY is essential to winning and maximizing your benefits. Let us help you maximize your average weekly wage and your benefits.

read moreThere are often situations in which a claimant will have previously suffered an injury or disease process in the same location as he/she recently suffered a new work-related injury. In these cases, the insurance company will often seek to lay the financial blame for the current injury on the old injury. In that way, the insurance companies hope to escape liability for some or all of the costs related to the present injury. If this has happened in your claim, you should seek legal representation immediately.