AREAS & TOPICS PROTECTING THE RIGHTS OF THE INJURED AND DISABLED

Worker’s Compensation
Rochester, New York (NY)


Welcome to the website of Vincent J. Criscuolo & Associates. We represent clients in NYS worker’s comp and Social Security Disability cases in our Rochester, NY area. If you or a family member has been injured, you need to understand that the insurance company has an army of attorneys, investigators, and experts working for them. You deserve an experienced worker’s comp attorney working on your behalf. 

When applying for worker’s compensation or Social Security Disability benefits, it is important to understand that claims are often rejected, particularly when you do not have legal representation. There are specific requirements, deadlines that must be met, and the application or appeal must be carefully prepared with the necessary documentation to support your case and improve your chances for success.

Workers' Compensation Board Hearing Chambers Rochester, New York (NY)

Our law firm is located above the Workers’ Compensation Board Hearing Chambers at 130 W. Main Street in Rochester, NY. You can read more about our firm, read about workman’s compensation and Social Security Disability, and find valuable information and resources on our website. Please contact our office by telephone or through our website for more information or to schedule an appointment for a free consultation with a worker’s comp lawyer.

If you have questions, we welcome walk in visits in our Rochester, NY office. If you need immediate assistance with your claim or have questions, just come to our offices on the second floor of 130 W. Main Street for immediate assistance and to discover the financial and medical benefits you may be entitled to as a result of your injury or disability.

 

 

Some Recent Examples of our Success:

We've recently recovered the following amounts on behalf of our clients:

Settled our client's Workers' Compensation claim for $61,261.20

Settled our client's Workers' Compensation claim for $87,150

Settled our client's workers' compensation claim for $230,000 PLUS lifetime medical coverage for established sites of injury!

Settled our client's workers' compensation claim for $69,500 PLUS lifetime medical coverage for established injuries!

Successfully established disputed claim with NO LITIGATION based on carrier's technical error which we identified. Our expertise resulted in thousands of dollars payable to our client for retroactive benefits, lifetime medical coverage for work injuries and an entitlement to payment of weekly benefits now and into the future.

Increase in award for loss of use of hands entitling our client to an additional $15,000 in benefits.

Won our client seven years of retroactive Social Security benefits and an entitlement to ongoing monthly benefits.

Fully Favorable finding on Social Security claim for our client, a "Younger Individual", entitling her to almost three years of retroactive benefits!

$46,000 settlement of workers' compensation benefits.

Settled the cash portion of our client's workers' comp claim for $83,000 and maintained her entitlement to lifetime medical coverage for her injuries!

$270,000.00 settlement of Workers' Compensation claim that leaves medical benefits open following exhaustive negotiations.

$300,000.00 for injuries sustained by a Personal Injury plaintiff in an auto accident;

$31,726.00 in back-due benefits and $2,359.00 in ongoing monthly benefits from the Social Security Administration in the case of an individual whose Initial Application was accepted shortly after we assisted this client to file.

$115,000.00 in addition to the $13,644.33  worth of Workers' Compensation Board orders we assisted this same client to obtain after he finally transferred his representation to our firm from a competing law firm.  When he transferred his representation, he had not been paid Workers' Compensation benefits for the last two years (even though he was not at work either).  We immediately took over for the other firm and then assisted our new client to get his benefits restarted in addition to his eventual settlement.  As a result of our client's decision to transfer his case from our competitor, he got paid $128,644.33 in new benefits after only a very short time!  

$150,000.00 while assisting our client to maintain her relations with her employer;

$120,000.00 for one client and $63,438.96 for another client on back-to-back days at the Workers' Compensation Board.  Most of the settlements we negotiate eventually conclude with a whole dollar amount, but sometimes we have to (and do) fight for every last penny.

$102,160.00 resulting award for a Workers' Compensation claimant in a case w e litigated until she obtained a judgement that her prior Permanent Partial Disability finding from more than ten years ago should be converted into a present Schedule Loss of Use, plus she maintains her right to ongoing medical benefits for life;

$125,000.00 in settlement for a Workers' Compensation claim;

$88,982.00  in settlement for a Workers' Compensation claim;

$100,000.00,  $66,775.00,  and  $24,000.00 in three different  Workers' Compensation cases settled with Board approval on the same day;

$70,790.72 in fresh money, plus a waiver from the insurance company that it would not continue asserting a claim for tens of thousands of dollars in overpayment against a worker with an ongoing claim;

$64,500.00  in a case having a low biweekly carrier payment, making this settlement statistically significant;  

$90,000.00 for a client who lives in a foreign country (yes, we work on many claims involving clients currently living in  foreign cities, states and countries);     

$129,439.00 while negotiating a deal with our client's private disability insurance carrier that it would not attempt to enforce its contractual lien against much of her settlement;

$45,949.70 pin back Social Security Disability benefits, plus ongoing monthly benefits, for a client who never even had to appear before a judge.  This award amount is above-average by comparison to what most claimants recover under the Social Security Act.

$31,064.00 in previously-denied Social Security Disability benefits, plus ongoing awards.  This award amount is very typical of the results achieved for many of our other clients as well.

$60,000.00  in (maximum available) death benefits in a claim before the Workers' Compensation Board on behalf of the decedent's estate.  The insurance company fought hard and hired a very capable expert medical witness, but our client (the estate) still prevailed due to our excellent and successful cross-examination of that expert witness!

          We successfully litigated a different death benefits case in which the widower will now receive his deceased wife's former maximum Workers' Compensation benefit for the rest of his life. 

           Our firm won 72 out of 74 Social Security  Disability claims resolved in 2008 and we've got similar statistics developing during 2009.  That's a 97.23% Success Rate (2008), including many difficult cases.  For example, we won cases where other attorneys declined to represent and/or withdrew from our client's case prior to when our client retained this firm.  We won cases where the client was actually still working while making the claim of "disabled" under the Social Security Act (in one successful case, we even won the disability claim of a person who was making over the "substantial gainful activity" level, which normally prohibits any possibility of a favorable resolution, by redefining the client's wages as a "employer subsidy" so that the judge could then find that she did not make in excess of the SGA threshold).  We won the cases of the young and old alike.  We won in situations where there where previous denials, including denials by judges.  Obviously, we're very disappointed at having lost two of our cases in 2008, but we also do not know of any Social Security Disability attorneys with a better record over an entire year!

          These are just a few of the examples of our recent work, although there are many, many more success stories from our clients over the 25 years this firm has existed.  We've helped the injured and disabled to collect MANY MILLIONS OF DOLLARS in denied or delayed benefits over the years, and we will likely be able to assist you and your family as well (although, as always, a little common sense does instruct that "past results do not guarantee future outcomes").

          If you, a friend or family member have been injured or made sick by your work, or by the negligence of another person, please call us immediately at (585) 232-3240 or use our contact form  for a response within one business day.

Helping the injured and disabled is what we do!

              Please see our other pages for additional information on the issue and topics of your choice, or please contact us today for a free consultation.

  TEL:  (585) 232-3240

FAX:  (585) 232-3522

© All Rights Reserved 2008 -  Vincent J. Criscuolo & Associates

130 W. Main Street, Suite 220.  Rochester, NY 14614

              We proudly serve injured and disabled individuals from all of the principal suburbs of Rochester including Brighton, Chili, East Rochester, Fairport, Gates, Greece, Henrietta, Irondequoit, Penfield, Pittsford, Spencerport, Brockport, Victor, and Webster.  Many of our clients also come from counties surrounding Monroe County, including especially Genesee County, Livingston County, Ontario County, Orleans County, and Wayne County.  However, our representation is NOT limited by geography.  We have clients in foreign states and foreign countries.  We have litigated many cases involving foreign language translation needs, including translation of medical records, settlement contracts and testimony of parties.  We are preeminent Workers' Compensation, Social Security Disability and Personal Injury Attorneys in upstate New York.     

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  BASIC FACTS ABOUT  

  THE NEW WORKERS' COMPENSATION LAW:

 

The New Maximum Weekly Benefit Available:

For Injury or Disease Arising After July 1, 2007 = $500

For Injury or Disease Arising After July 1, 2008 = $550

For Injury or Disease Arising After July 1, 2009 = $600

For Injury or Disease Arising After July 1, 2010 = 2/3rds of State's Average Weekly Wage.

 

Permanent Partial Disability Benefits are Generally Limited to a Certain Number of Weeks Based Upon the Degree of Disability as that is Determined by the Board (not the treating physician):

Degree of Disability:       Weeks of Benefits  Available:          Years:

> 95%                                525                                                      10.1

> 90% to 95%                    500                                                      9.62

> 85% to 90%                    475                                                      9.13

> 80% to 85%                    450                                                      8.65

> 75% to 80%                    425                                                      8.17

> 70% to 75%                    400                                                      7.69

> 60% to 70%                    375                                                      7.21

> 50% to 60%                    350                                                      6.73

> 40% to 50%                    300                                                      5.77

> 30% to 40%                    275                                                      5.29

> 15% to 30%                    250                                                      4.81

15% or less                        225                                                     4.33

     

The Death Benefit Will Be Computed Based Upon a Maximum Weekly Wage of:  

$750 for Deaths After July 1, 2007

$800 for Deaths After July 1, 2008

$900 for Deaths After July 1, 2009

After July 1, 2010 the Death Benefit will be Indexed to New York's Average Weekly Wage.

 

Federal Workers' Compensation Links (Please Bookmark Our Site Before Leaving to These Other Pages):

Federal Workers' Compensation Law - See the Actual Statutes.

Office of Federal Workers' Compensation Programs - Home Page. 

Compliance Rules for Federal Workers' Compensation Laws.

Division of Federal Employees' Compensation - Home Page.

Division of Energy, Occupational Illness Workers' Compensation.

Division of Longshore and Harbor Workers' Compensation Program.

Division of Coal Mine Workers' Compensation.

How the State Workers' Compensation Laws Compare to Each Other.

Additional New York State Workers' Compensation Links:

Workers' Compensation Board Explanation of Workers' Compensation.

Workers' Compensation:  How it Works.

Workers' Compensation:  Who is Covered?

Workers' Compensation:  What to do if You've Been Injured.

Workers' Compensation:  How to File a Claim.

Workers' Compensation:  What Cash Benefits are Available?

Workers' Compensation:  What Medical Benefits are Available?

Workers' Compensation:  What Rehabilitation Opportunities Exist?

Workers' Compensation:  How are Disabilities Classified?

Workers' Compensation:  Occupational Diseases and the Law.

See the Other Common Questions and Answers Regarding Workers' Compensation as these are posted by the New York State, Workers' Compensation Board.

  Australian Workers' Compensation:

Injured at work? Let Work Injury Compensation help you gain maximum compensation settlement payouts for accidents and injuries at Work. Free legal advice and a 'No Win No Fee' policy.  http://www.workinjurycompensation.com.au

United Kingdom Solicitors:

No Win No Fee Solicitors                                                                           MyClaim, Specialist solicitors which offer legal services on a No Win No Fee basis.

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                          © All Rights Reserved 2014 - Vincent J. Criscuolo & Associates

Vincent J. Criscuolo & Associates
130 W. Main Street, Suite 220 Rochester, NY 14614
Phone: (585) 232-3240