Archives for September 2014

September 30, 2014 By

Icy stepsIn New Jersey, as in all states, the owner/manager/resident of residential or commercial property has a duty to maintain the premises in such a way as to minimize the risk of injury to anyone legally on the property. This obligation has far-reaching consequences, including:

Upkeep to Prevent Risk of Injury from Slips and Falls

A landlord, tenant, owner or property manager must keep property maintained so as to avoid dangerous conditions that may lead to slips, trips and falls. This includes monitoring for slippery substances on floors, sidewalks, steps or walkways. It also includes watching for broken or damaged stairs, concrete, pavement, ramps or other structures. The duty requires that the responsible party take reasonable steps to be aware of potential dangers. The landlord/tenant/owner/property manager must either fix the problem or provide adequate notice of the danger, so that it can be avoided.

Adequate Security and Lighting to Minimize Risk of Injury in Physical Attacks

In situations where it is reasonable to expect a threat of mugging, attack or other physical violence, the owner/manager/landlord must put appropriate measures in place to minimize that risk, including adequate lighting, security entrances, gates and fencing. Particularly where there is a history of violent crime, reasonable steps must be taken to protect legal visitors.

Attention to Weather-Related Conditions to Reduce Risk of Injury

In New Jersey, where snow and ice are a common occurrence, property owners must take reasonable steps to prepare for and respond to weather conditions that pose potential risks to visitors, including:

  • Snow and ice buildup on sidewalks, steps, driveways, parking lots and parking ramps
  • Snow, ice or water runoff from eaves, roofs or other structures

Property Care and Monitoring of Domestic Animals

As a property owner or tenant, you must take reasonable steps to ensure that any domestic animals, such as dogs or cats, do not cause injury to legitimate guests.

Contact Our Office

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Personal Injury
September 30, 2014 By

Finalize Your Divorce without the Time, Expense and Emotional Turmoil of a Trial

The Benefits of Divorce Mediation

Parents pulling child in separate directionsIf your marriage has ended, but you have minor children, you will still have to work cooperatively with your ex-spouse until your kids become adults. Accordingly, it may not be in your best interests to make your divorce proceeding a battleground—you may want to make your ex-spouse suffer, but your children will be hurt in the process. Mediation can help you amicably resolve your disputes, so that you can move forward without acrimony and bitterness.

The Basics of Mediation

In mediation, both parties work with a third party neutral, known as a mediator. The mediator does not represent either party, and has no vested interest in the outcome. The mediator’s principal objective is to help the parties identify mutually beneficial solutions to such difficult issues as child custody and visitation, child support, alimony or spousal support, and the division of marital assets.

A mediator does not perform most of the functions of a judge. The mediator is not concerned about who is “right” and who is “wrong,” or about who has the most compelling evidence. The mediator simply works to bring the parties together, helping both sides understand the consequences of not working out their differences cooperatively. As a consequence, the mediator does not take testimony from witnesses, does not consider evidence, and does not issue any type of ruling as to whose arguments prevail and how the dispute should be resolved. A mediator may suggest a specific resolution to a party, but the suggestion is not binding.

The benefits of mediation are many:

  • The parties actually make the decisions, rather than waiting for a judge or jury to rule on facts and law
  • Mediation is typically less expensive than litigation
  • Mediation can usually be completed far more rapidly than litigation
  • Mediation is not a winner take all approach—in a successful mediation, both parties should feel they got what they needed

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to men and women throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Divorce Mediation
September 15, 2014 By

Worker’s Comp and Disability

Mount Laurel NJ Worker’s Comp Attorney

Machines on a factory floorSerious, catastrophic job-related injuries may qualify you for temporary total, temporary partial, permanent total, or partial disability benefits. If your injuries prevent you from returning to work, you may be eligible to receive one of the following kinds of worker’s compensation benefits:

  • Temporary total benefits: Weekly benefits you are eligible to receive until your doctor indicates you are ready to carry out your full duties at work.
  • Temporary partial benefits: Weekly benefits you are eligible to receive until your doctor indicates you are ready to return to light duty at work.
  • Permanent partial benefits: If you are unable to return to work, you are eligible to receive some kind of worker’s compensation benefits on an ongoing basis.
  • Total benefits: If you are unable to return to work and prefer a single, one-time only lump payment of benefits, you can elect a total benefit payout. Typically, this option is reserved for injured workers suffering from catastrophic injuries that involve permanent disability.

If I’m Disabled, can I still Qualify for Social Security?

In the event your injuries are permanently disabling, you can qualify for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). However, the amount of SSDI or SSI you are eligible to receive will be affected by the amount of worker’s compensation you receive as well. Here, it’s also important to keep in mind that additional medical exams may be required in order to qualify for SSDI or SSI. In some cases, this process can be complicated by the fact that not all employers maintain or provide accurate information regarding injured workers.

Contact Mount Laurel Worker’s Comp Attorneys at Taylor & Boguski

Disability and worker’s compensation often involve a number of legal issues that require the direction of an experienced worker’s comp attorney. At Taylor & Boguski, we have helped numerous workers navigate the sometimes confusing area of temporary, permanent, and total benefits. We also assist injured workers in matters related to SSDI and SSI when permanent disability prevents them from working in the future.

To learn how we can help you, contact Mount Laurel worker’s compensation attorneys at Taylor & Boguski today.

Filed Under: Work - Related Injury, Workers Compensation