Archives for August 2013

August 27, 2013 By

Learn more about Worker’s Compensation

The New Jersey Department of Labor is comprehensive database which addresses all questions related to worker’s compensation issues such as benefits, timelines, employer reporting requirements, total disability, temporary disability and insurance coverage requirements. Helpful information exists such as knowing that workers’ compensation benefits are not taxable under the NJ Gross Income Tax law N.J.S.A. 54A:6-6. See more on the IRS website here. Additionally, to receive worker’s compensation benefits, by law, an employee you must be unable to work for seven days (including weekends and holidays) before being eligible for temporary disability benefits. Benefits are retroactive to the first day, and the seven days do not have to be consecutive. Other information such as pointers on the litigation process is discussed. For example, after the judge’s order warding you of benefits, the Workers’ Compensation Insurance carrier has 60 days to process payment. If you have not received payment, you may be entitled to receive simple interest on any delay in payments. Under statute N.J.S.A. 34:15-15 an employer has the choice to select which health service professionals to provide care to an injured employee. Failure of an employer to provide the required worker’s compensation insurance may subject the employer to a penalty up to $1,000 for the first twenty days and up to $1,000 for each ten-day period after that.

To learn more about New Jersey workers’ compensation laws and your rights, contact Mount Laurel workers’ compensation attorneys at Taylor & Boguski. Employers don’t always tell their employees about their rights. Additionally, they don’t always treat them fairly in terms of job protection. If you’ve been injured on the job, it’s important to talk to an experienced workers’ compensation attorney at Taylor & Boguski in Mount Laurel, New Jersey. Call 800-404-5299 or 856-234-2233 for a free consultation or contact us online.

Filed Under: Workers Compensation
August 27, 2013 By

Post-Traumatic Stress Disorder (PTSD) after an accident

After an accident, post-traumatic stress disorder is a common medical condition that can arise. In one such recent instance of crime related to post-traumatic stress disorder in the news, Jodi Arias who is 32 years-old, suffers from post-traumatic stress disorder. She was put on the stand in court for 18 days after killing her ex-boyfriend. She claims that because of her disorder she cannot remember the majority of her actions. Arias was charged with first degree murder but is claiming she killed him out of self-defense but doesn’t remember that she ever stabbed him over two dozen times, that his throat was ever slit or that he was shot in the head. Some doctors believe that memories can be limited and do not form when people experience acute stress since it their chemistry makeup under those conditions prevents it from forming. Arias could face the death penalty if she is convicted of this crime. Read here for more.

After an accident, PSTD is a common disorder which can form. In fact, PTSD can develop after a traumatic event that threatens your safety or is life-threatening. PTSD usually forms differently in person, and also varies from person to person. PTSD can develop hours or days after a traumatic event, but it can also form weeks, months, and even years later. For more information, see here. It is important to talk to an attorney in the wake of an accident, because PSTD is a disorder which should be considered when damages are awarded and calculated.

If you or someone you know is suffering from PSTD

The attorneys at Taylor & Boguski, LLC, are a South New Jersey law firm located in Mount Laurel. We represent clients in a variety of personal injury claims such as Psychiatric Injuries, Social Security Disability Claims, Brain Injuries, Back, Neck and Spinal Cord Injuries, Wrongful Death, Medical Malpractice, and many other injuries. Call 800-404-5299 or 856-234-2233 for a free consultation with a Personal Injury Attorney. Get the legal advice you need from an experienced attorney so that your rights can be availed.

Filed Under: Personal Injury Tagged With:
August 27, 2013 By

Custodial accounts

Statistically, it has been reported that 99 percent of divorce litigation is resolved by settlement or voluntarily dismissal. The issue of whether a custodial account in one parent’s name, who has a child, can be kept separate from marital assets when there is a divorce has been examined. Spouses can choose and agree upon which terms or conditions should rule in their divorce as long as there is no violation of public policy. Such a violation would include if a custodial parent tries to waive child support. This is because courts have found that the right to child support belongs to the child.

Most times custodial accounts are set aside for the child in terms of setting up an education fund for schooling and college. After a child goes to college if there is any extra money in the fun then it can get split between the former spouses or the remainder can go to the child. It depends on how the parties have decided it. Each family’s situation lend to a different determination and outcome when it comes to custodial accounts during a divorce, because the facts and circumstances of each family is very different.
Read more.

In terms of college tuition for a child, it is important for the non-custodial parent to be very involved in the child’s decision to attend either a public or a private college. One seminal court case, Nebel v. Nebel, 103 N.J. Super. 216 (App. Div. 1968), established what is known as the “Rutgers” Rule. This rule holds that a financially able father must contribute to the college education expenses of a child while the custodial mother could designate a private college. However, the father’s share to pay is limited. Thus, the non-custodial parent can always argue with the legal reasoning from the Nebel case that their legal responsibility to give monies toward the cost of college should be limited to the cost to attend Rutgers, or a similar public college or university in New Jersey.

Seeking advice about being a good co-parent

In times of divorce, an experienced attorney will guide you and advise you in preserving the maximum amount of the marital estate, developing an agreement which the court will approve, and finding the best possible outcome for your children. The law firm of Taylor and Boguski, in Mount Laurel, NJ, can help you. Contact us for a free attorney consultation by calling 800-404-5299 or 856-234-2233, or contact us online.

Filed Under: Divorce Mediation Tagged With: