Vincent J. Rossillo Attorney

First Admitted: 1985, New York

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

Bar/Professional Activity:

New York State Bar, 1985
Society of New York Workers’ Compensation Bar Association, President
Westchester County Bar Association
New York State Bar Association, Workers’ Compensation Committee
New York Committee for Occupational Safety & Health (NYCOSH), Member
Hudson Valley Advisory Board for the Mt. Sinai Center for Occupational & Environmental Medicine, Member
Injured Workers’ Bar Association, Esteemed Member

Videos:

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 into this type of arrangement with workers injured on the job. A Section 32 settlement differs significantly from a Loss of Use award (SLU) in 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 according 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 in 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 use it to take a vacation, pay for a child’s college education, or any other way that you see fit. However, 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 their significant experience with workers’ compensation settlements to advise you 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 are a few scenarios in which the insurance company may request this opportunity, which we go over with you in this video. You do have certain rights we would like you to be aware of. It is important that 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 the 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 are entitled to include medical benefits and a wage replacement benefit that is up to 2/3 of their 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 with no co-pay and 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 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. In either case, whether 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. However, it is a very difficult and complicated case to establish. Contact FOA today for a free case evaluation! Workers’ comp benefits include lifetime medical coverage for the established site and a 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

Pro bono/Community Service:

Board Member, Hudson Valley Occupational Health Clinic, 2019
Mayor, Village of Dobbs Ferry, New York, 2019.

Educational Background:

Fordham University - Bachelor’s Degree
New York Law School - Juris Doctorate

Scholarly Lectures/Writings:

"Can You Receive Workers’ Compensation Benefits for PTSD?" - Workers who have suffered post-traumatic stress, anxiety, or a mental injury at work may be entitled to the protections afforded by the Workers’ Compensation Law. Oftentimes, workers feel emotionally stressed from doing their job, and we receive many questions from people asking if they can file a workers’ compensation claim. It is important to note that there are different types of emotional stress claims that a worker can make. In some cases, workers suffer a physical injury and develop a psychiatric condition because of the constant pain or inability to work or provide for their family. In other cases, workers do not suffer a physical injury but experience a specific incident at work that leads to a psychiatric condition. There are also cases where a worker suffers a psychiatric condition because of an ongoing stressful situation at work. The last scenario can occur when someone believes they are overworked or have a boss that harasses them. The criteria for establishing a case without suffering a physical injury are essentially the same. In a recent case, the Appellate Division of the New York Supreme Court disallowed a claim, but the Court explained the requirements that must be met to have a successful claim. The Court made clear that the basic rule in establishing a psychiatric claim is that the claimant must show that the stress that caused the mental injury was greater than that which a similarly situated worker experiences in the normal work environment. In the case before the Court, the worker was employed for 29 years as a manager at a 24-hour convenience store. A customer was using offensive language while talking on their cell phone in the store. The claimant asked the customer to stop using the offensive language. The customer refused and was asked to leave the store by the claimant. The customer became abusive and threatened the claimant with physical harm. The customer eventually left the store but returned soon after. An off-duty security guard, who was also a customer, convinced the abusive customer to leave the store. The abusive customer was later apprehended by the police. The claimant finished her shift but stopped working a few days later and filed a workers’ compensation claim. After hearing all the testimony and reviewing the evidence, a Workers’ Compensation Law Judge established the case for post-traumatic stress with anxiety/depression. The insurance company appealed the decision, and a Board Panel reversed the Law Judge’s decision and disallowed the claim. The Board Panel believed that the claimant did not suffer stress greater than any other similarly situated worker in a comparable work environment. The claimant appealed the decision, and the Court affirmed the decision. In agreeing with the Board Panel, the Court noted that the situation was not different from what one would expect when working in a 24-hour convenience store. The claimant acknowledged that in the past, she had been faced with difficult customers and had to ask customers to leave the store. The claimant testified that this situation was different from past situations because the customer threatened her, and she feared for her life. The employer testified that these situations were not uncommon, and that the claimant had been specifically trained to deal with them. The Court thought it was significant that the abusive customer did not actually assault the claimant and did not have a gun or a weapon. Based on this decision and other similar cases, to have a successful claim for a solely psychiatric condition, the worker must prove that the cause of their stress was greater than that of a worker in a comparable work environment. The type of stress cannot be considered “normal” business stress. The question that arises from this decision is: what is considered “normal” stress in a particular workplace? Since each case is so fact-specific, it is important that workers consult with an attorney to review the relevant case law and the specific facts of their situation, 2021.

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