March 12, 2014 By

Can I Get Child Support If My Ex Is in Another Country?

Depending on the situation, yes. We represent clients seeking child support from the other parent, whether that parent is across the street or across the globe.

Agreements with other countries

The federal government has negotiated reciprocity agreements with several countries and is negotiating declarations with others on behalf of all U.S. jurisdictions. The following countries are foreign reciprocating countries for child support purposes.

  • Australia
  • Canada
  • Czech Republic
  • El Salvador
  • Finland
  • Hungary
  • Ireland
  • Israel
  • Netherlands
  • Norway
  • Poland
  • Portugal
  • Slovak Republic
  • Switzerland
  • United Kingdom of Great Britain and Northern Ireland

These agreements spell out procedures for establishing and enforcing child support orders across borders. Requirements may vary, but a parent will be asked to provide the same kind of information as in a domestic case. Including as much specific information, such as the address and employer of the noncustodial parent, as possible is a good idea.

Possible steps when there is no agreement with the other country

If the other parent works for an American company or for a foreign company with offices in the United States, income withholding might be possible even if the country he or she lives is not one of the reciprocating countries. Approaching a foreign employer doing business in the United States directly for help might prove successful. If the other parent is employed by the Department of Defense or another federal agency and living overseas, the agency employing the parent could be contacted to arrange payment.

The state Office of Child Support could get involved and criminal charges could be filed if the other parent is not paying support. That could lead to an arrest and extradition from the other country. One instance of this took place in 1997, when the state of Massachusetts, working with Interpol, had a parent who was the subject of an outstanding warrant deported from the Dominican Republic and arrested on arrival in the United States.

If there is no reciprocal agreement with the country where the other parent lives, a child support enforcement action could be filed in the appropriate court in the foreign country. This normally requires hiring a local an attorney. The Department of State, Office of American Citizens Services may have information on foreign child support laws and a list of English-speaking attorneys. That foreign attorney will probably want any documents concerning child support proceedings and decisions from New Jersey.

Child support issues can be complex, and we work with our clients to get the best possible outcome for them and the children involved. If you have questions or concerns about child custody, contact our office.

Filed Under: Divorce, Divorce Mediation
March 12, 2014 By

How do injuries get valued in workers’ compensation payouts?

We work with our workers’ compensation clients to get them the maximum recovery for their work-related injuries. Some of the values of those injuries are clearer cut than others.

If we and the compensation carrier can’t work out a settlement agreement, the value of your case will be decided by the New Jersey Department of Labor and Workforce Development Division of Workers’ Compensation, an administrative court that determines the value of an injured New Jersey worker’s claim.

Partial permanent disability

When a job-related injury or illness results in a partial permanent disability, benefits are based upon a percentage of certain “scheduled” or “nonscheduled” losses.

  • A “scheduled” loss is one involving arms, hands, fingers, legs, feet, toes, eyes, ears or teeth. The schedule lists the body parts, the percentage of loss and value of each.
  • A “nonscheduled” loss is one involving any area or system of the body not specifically identified in the schedule, such as the back, heart or lungs.

These benefits are paid weekly and are due after the date temporary disability ends.

Temporary total disability

If an injured worker is disabled for more than seven days, he or she will be eligible to receive temporary total benefits at a rate of 70 percent of their average weekly wage, with a maximum and minimum rate set by the State based on the year of the accident. For example, for an accident occurring in the year 2013 the maximum rate is $843.00 and the minimum is $225.00. These benefits are provided during the period when a worker is unable to work and is under active medical care.

Benefits usually end when the worker is released to return to work in some capacity or if the worker has reached maximum medical improvement, when additional treatment will no longer improve their medical condition.

Permanent total disability

If a work-related injury or illness prevents a worker from returning to any type of gainful employment, that person may receive permanent total disability benefits. Permanent total disability is presumed when the worker has lost two major body parts or a combination of parts of the body, such as eyes, arms, hands, legs or feet. However, permanent total disability can also result from a combination of other injuries that render the worker unemployable.

These weekly benefits are provided initially for 450 weeks. These benefits may continue if the injured worker can show that he or she remains unable to earn wages.

Contact us

If you or a loved one has been injured on the job and want to get answers to questions about workers’ compensation, contact our office.

Filed Under: Work - Related Injury, Workers Compensation
February 7, 2014 By

Multidistrict Litigation and Personal Injury Cases

Mount Laurel Personal Injury Attorneys • New Jersey

Certain kinds of personal injury cases involve complex issues affecting a large number of injury victims — for example, cases involving airplane accidents, defective medical devices, dangerous drugs or exposure to toxic materials. As a result, a large number of related personal injury cases may be filed in different jurisdictions. In order to ease the burden placed on the court system and to better manage the common issues involved, the federal court system has instituted a special legal procedure intended to better facilitate the handling of such cases.

Multidistrict Litigation and the Initial Stages Involved

Referred to as multidistrict litigation (MDL), this procedure allows several civil cases that involve common issues to be transferred to a single district court. These kinds of cases often involve related civil actions from around the country and almost always have the same question (or questions) of fact. A single judge is appointed to handle the litigation during the pretrial and discovery phases. If a case does not settle or is dismissed during MDL, it is sent back to the original court where it was scheduled to be heard.

How Multidistrict Litigation Functions

The decision to bundle cases for MDL is decided by the seven-member United States Judicial Panel on Multidistrict Litigation. This panel is appointed by the Chief Justice of the Supreme Court of the United States. If the panel decides to consolidate several cases from around the country, it transfers them to a single federal district court.

The appointed MDL judge who presides over the pretrial motions and discovery portions of the case also presides over the settlement conferences. He or she may dismiss some cases or claims. If a trial is deemed necessary for dismissed cases, they will be tried in the venue from which they originated.

Advantages and Disadvantages of MDL

One obvious advantage of MDL for corporations facing litigation on a single issue throughout the country is the cost encountered as a result. When these cases are consolidated and transferred to a single federal district court, the cost of litigation is less and working with eyewitnesses or experts is easier as well. Experts and witnesses aren’t required to testify multiple times and defendants needn’t be deposed multiple times.

MDL also makes it easier for attorneys representing injury victims to combine resources, share information and coordinate investigative efforts in preparing their clients’ cases against a defendant.

Questions Regarding MDL? Contact Injury Attorneys Taylor & Boguski

If you’ve been injured due to a defective medical device, dangerous drug, airliner crash or exposure to toxic materials, contact Mount Laurel personal injury attorneys at Taylor & Boguski today to learn how we can help you.

Filed Under: Personal Injury
February 7, 2014 By

Can You File a Personal Injury Lawsuit against the Government?

Mount Laurel Personal Injury Attorneys

Municipalities, state-run governmental entities and federal agencies can be held financially responsible for injuries that occur on their property or as a result of the actions of their employees. Consequently, local, state and federal entities can be sued when negligence on the part of government workers or government agencies causes injuries or fatalities. However, it is important to keep in mind that municipalities and government agencies are typically held to a different standard of liability than individuals, corporations or small businesses.

Additionally, in personal injury claims involving New Jersey public entities, an injured party must file a claim within 90 days of an accident.

Public Entities — Different Rules, Different Issues

In general, state-owned facilities and agencies may have certain restrictions in place that govern who is allowed in certain areas of buildings or what codes and regulations apply to a facility or employee, or they may be responsible for investigating themselves in cases involving personal injuries. Public transportation authorities in particular typically have an investigative arm responsible for determining what happened in bus, train and subway accidents.

For instance, New Jersey Transit (NJT) uses its own investigative team to investigate the causes of bus or train accidents. As such, it’s important to work with a personal injury attorney who can conduct an independent investigation and take steps to ensure that NJT investigators don’t cut corners or reach a conclusion that is overly sympathetic to NJT employees.

Additionally, there may be a statute of limitations that governs how long an injured person has to bring a lawsuit against a government entity. For example, people injured on a public bus or train in New Jersey have six months to bring a lawsuit against the NJT.

What Can Government Entities Be Held Liable For?

For the most part, a government entity can be held liable for injuries that occur as a result of negligence on its part. For example, municipalities, local and state governments, and federal agencies can be held financially accountable for injuries that result from:

  • Car accidents involving a government vehicle
  • Crumbling sidewalks
  • Potholes, obscured traffic signs and improperly graded roads and highways
  • Collapsed roofs or exposure to toxic materials involving government structures
  • Malfunctioning elevators or escalators
  • Slips and falls in government buildings
  • Fires in government buildings
  • Public transportation accidents
  • Negligence on the part of doctors or nurses in state-run hospitals

Protect Your Rights — Contact Mount Laurel Personal Injury Attorneys

After an injury, dealing with government agencies and investigators can be confusing and frustrating. Given the resources available to government entities, it’s essential to work with an experienced personal injury attorney who understands how to investigate accidents on government property while protecting your rights should government investigators want to talk to you.

To learn how we can protect your rights and hold the government financially accountable for your injuries, contact Mount Laurel personal injury attorneys at Taylor & Boguski today.

Filed Under: Personal Injury
February 7, 2014 By

Retirement Plans: Is It Better Financially to Stay Married?

Mount Laurel Divorce Attorneys • Marital Asset Division

It’s not unusual for someone to wonder whether or not they can afford divorce — after all, divorce will impact your monthly income, health benefits, credit score and taxes. Additionally, if you get a divorce you’ll need to divide your marital assets. Since New Jersey is an “equitable division” state, the court will determine what it believes to be a fair and equitable division of marital property. Practically speaking, this means the court may divide your savings accounts, investments or business assets it considers marital property.

For these reasons, couples that have been married longer and have older children in school may decide divorce isn’t in their best financial interests at this time. However, if you are in debt and considering bankruptcy, divorce may be in your best financial interests.

Retirement Plans and Divorce

An important consideration in determining if divorce makes financial sense for you at this time is how any savings or retirement plan assets will be divided. In cases in which only one spouse has a 401(k) or a retirement plan in place, a divorce may substantially change the amount of savings you had initially planned for. New Jersey state law considers retirement accounts to be marital property. Consequently, any retirement plan is subject to a Qualified Domestic Relations Order (QDRO).

In essence, a QDRO ensures that the nonparticipating spouse in a retirement plan will receive a portion of the assets contained in the plan. The plan’s administrator must be notified — usually through paperwork prepared by an attorney — indicating the amount the nonparticipant spouse is entitled to receive.

Qualified Domestic Relations Orders and the Finances of Divorce

If you don’t work or have very little money in your 401(k), you need to consider what makes financial sense if your spouse has a retirement plan or substantial savings in his or her 401(k). While you are entitled to receive a portion of your spouse’s retirement plan benefits, you cannot simply take the money owed you without incurring a substantial financial penalty.

Secondly, the value of a QDRO will grow as the plan benefit grows over time. In this way, a divorce and QDRO will provide you with some measure of financial security in your later years, but your quality of life may suffer now if you live alone and must support yourself as a result.

If you are the working spouse and stand to lose some of your pension plan assets through a QDRO, staying married may, in the end, make more financial sense. Combined earnings and Social Security benefits may mean the difference between a fairly comfortable retirement and one in which you face a certain amount of financial stress from having to live alone.

Contact Mount Laurel Divorce Attorneys at Taylor & Boguski

There are a number of financial issues to take into consideration when considering divorce. How your retirement plan will be affected is only one consideration. In order to properly weigh the relevant factors involved, it’s important to talk to an experienced divorce attorney who can explain the division of marital assets, the division of marital debt and how your business or taxes will be affected as well.

If you are considering divorce but are facing serious financial problems, contact Mount Laurel divorce attorneys at Taylor & Boguski today to learn how we can help you.

Filed Under: Divorce, Divorce Mediation
January 17, 2014 By

What Are My Options If My Workers’ Compensation Claim Is Denied?

Mount Laurel Workers’ Comp Claim Denial Attorneys

A workers’ compensation claim is usually denied when the doctor who works for an employer’s insurer decides a worker’s injuries aren’t serious enough or are due to a preexisting condition. Unfortunately, once a workers’ compensation claim is denied, employers typically expect an employee to return to work sooner than he or she is physically ready. As a result, injured employees in this situation are forced to use vacation days or apply for leave under the Family Medical Leave Act (FMLA). Depending on your situation, you may be able to apply for disability benefits, but your employer and doctor will need to fill out part of the application certifying that you are disabled. You’ll also need to fill out the Certification of Contested Workers’ Compensation Claim Form.

A workers’ compensation claim can be denied for different reasons — the claim is filed too late, your employer disputes the claim or your employer’s insurance company doctor rejects your claim for medical reasons.

Filing an Appeal after a Workers’ Compensation Claim Has Been Denied

After a workers’ compensation claim has been denied, you can request a hearing with a Judge of Compensation or with the Division of Workers’ Compensation. In cases in which you have medical bills that need to be paid, you can file a Motion for Medical Temporary Benefits. A hearing with a Judge of Compensation will then be scheduled within 30 days of your motion’s being filed. However, in order to receive temporary benefits, you must be out of work for at least seven days and have a letter from a doctor.

If an insurance company denies your claim or you were provided with reduced benefits, you have only 30 days after that decision to file an appeal. For these reasons, it is essential that you talk to an experienced workers’ compensation attorney as soon as possible. While each case is different, once you appeal a claim denial you may be expected to appear before a board hearing or seek a legal resolution through the court system.

Getting a Second Opinion

If your workers’ compensation claim has been denied, you have a right to get a second opinion from your own doctor. While your company’s insurer is not obligated to accept your doctor’s diagnosis, it makes it more difficult for an employer’s insurer to downplay or ignore the extent and nature of your injuries. Here, you will need to work with an experienced workers’ compensation attorney who can inform your employer’s insurer that you intend to file a lawsuit regarding the denial of your original workers’ compensation claim.

Contact Taylor & Boguski If Your Workers’ Compensation Claim Has Been Denied

Appealing or litigating a denied workers’ compensation claim involves processes, deadlines and careful attention to documents and medical records. At Taylor & Boguski, our workers’ compensation attorneys have the resources and knowledge needed to protect your rights and financial interests when an injury leaves you facing mounting medical bills and an uncertain future. We protect your rights and are prepared to take employers to court when they try to ignore the law or terminate injured employees without cause.

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

Filed Under: Workers Compensation
January 17, 2014 By

Legal Duties of Pool Owners

Mount Laurel, New Jersey, Pool Injury Attorneys

While backyard swimming pools are fun, they also represent a certain amount of liability for homeowners. Homeowners should be aware of their legal obligations to take preventative steps to minimize or eliminate pool-related injuries. It’s important to also keep in mind that a swimming pool is considered an attractive nuisance — that is, something that by its very nature is likely to attract children. As such, homeowners who fail to employ every means available to ensure that their pools are secure, up to code and in compliance with applicable city ordinances can be held financially liable for injuries that occur as a result.

Failure to comply with applicable codes and statutes could result in a personal injury or wrongful death lawsuit against a homeowner should a child wander onto the property and sustain injuries in the pool, regardless of whether the child was trespassing at the time.

Securing a Backyard Family Pool

Homeowners should install child-resistant fencing and pool alarms, post signs, keep pool water free of contaminated water and ensure that diving boards are installed correctly. Fencing is especially important as, according to the Consumer Product Safety Commission, 75 percent of residential pool-related deaths involve children between the ages of 1 and 3 combined with inadequate fencing or a lack of supervision.

Maintaining healthy water is also important, as bacteria from improperly treated water can cause gastrointestinal illnesses, respiratory problems and ear infections (commonly referred to as “recreational water illnesses. Residential pool owners must test pool water regularly to maintain proper chlorine and pH levels to prevent the contamination of pool water. Alternatively, excessive amounts of chlorine can cause burns, creating liability for pool owners as well.

Federal Law — the Virginia Graeme Baker Pool & Spa Safety Act

In 2002, 7-year-old Virginia Graeme Baker died when she drowned after becoming trapped by a drain in a hot tub. In order to prevent similar accidents in the future, the federal government passed the Virginia Graeme Baker Pool & Spa Safety Act (P&SSA) in 2008. Public pools and spas are now required to install certain kinds of anti-entrapment drain covers to prevent injuries due to the powerful suction generated by drains. Residential pool owners should comply with the P&SSA and install anti-entrapment drain covers to limit their liability for drowning injuries.

Holding Negligent Pool Owners Liable for Injuries

If you’ve been injured in a pool accident, it’s important to talk to an experienced premises liability injury attorney link to www.taylorboguski.com/premises-liability/ who understands the current laws and regulations regarding swimming pools. It’s also important to begin the investigative process before the public pool or pool owner in question removes key evidence or eyewitness testimony is forgotten.

To learn how our pool injury attorneys can help you, contact Mount Laurel, New Jersey, personal injury attorneys at Taylor & Boguski today.

Filed Under: Personal Injury Tagged With:
January 17, 2014 By

Mount Laurel Child Custody Attorneys

The first thing to keep in mind regarding child custody is that the court will always act in what it believes to be the best interests of a child. In New Jersey, determining child custody depends on a number of factors. These factors typically fall into the following general categories:

  • The emotional needs of a child: How stable is each parent? Is there a history of mental abuse or neglect? Does a child suffer from a psychological condition that recommends awarding custody to a particular parent? In the case of older children, which parent does a child prefer?
  • The physical needs or well-being of a child: What is the environment of each parent’s home? Are there concerns that a child will be physically neglected or abused? Does a child have special needs regarding a medical condition?
  • The situation of each parent: What is the financial situation of each parent? What are the employment or work responsibilities of each parent? To what extent is each parent willing to be involved in their child’s life and to what extent has each exhibited a commitment in this regard?

In cases in which parents are not interested in shared or joint custody, the court will award custody to the parent it believes will promote and protect the best interests of a child. The noncustodial parent will have visitation or “parenting time” rights according to a plan approved by the court.

What Happens If One Parent Wants to Move Away?

Regardless of whether or not a custodial or noncustodial parent wants to move out of town or out of state, they must first get a court approved postdivorce modification and the permission of the other parent. Even if parents share custody link to www.divorcenet.com/states/new_jersey/new_jersey_custody_and_visitation_rights_part_1, any change in a parent’s situation that could affect the agreed-upon child custody arrangements in a divorce agreement must be reviewed first by the court. Failure to do so could result in a charge of contempt of court and certain sanctions regarding existing child custody arrangements. Consequently, a parent — custodial, noncustodial or otherwise — cannot simply move away without first obtaining a postdivorce modification.

Postdivorce Modifications and Child Custody Arrangements

Regardless of whether a parent has a good reason to move — job commitments, caring for an ailing family member or personal preference — the law requires a parent to do the following:

  • Notify the noncustodial or custodial parent regarding any intent to move
  • Notify the noncustodial or custodial parent of the location where they intend to move
  • Notify the noncustodial or custodial parent of the reason(s) for the move
  • Submit a proposed child custody plan accommodating the move in question

Parental Relocations and New Jersey Courts

The court will review the proposed parental relocation to determine if it is in the best interests of the child. Here, the court will consider access to education opportunities, healthcare issues, whether extended family live in the area and how the move will affect the child’s ability to engage in hobbies or sports or practice their faith. The court will also consider the practical side of visitation under the new arrangement and how that could affect the ability of a child to spend time with the relocated parent.

If the court approves the parental relocation, a new parenting schedule must be provided, including a reasonable inventory of travel expenses, how vacations will be allotted, what will happen during school vacations, etc. If the parental relocation is not approved, the parent intending to relocate must change his or her plans or be held in contempt of court.

Contact Mount Laurel Child Custody Attorneys

Whether you are thinking of moving out of state or to the next town over, you still need a postdivorce modification. To discuss your case and learn what you need to do to maintain your child custody rights, contact Mount Laurel child custody attorneys link to Contact Us at Taylor & Boguski, LLC today.

Filed Under: Divorce, Divorce Mediation
January 3, 2014 By

Can I Go to My Own Doctor for a Workers’ Compensation Claim?

Mount Laurel Workers’ Compensation Attorneys

If you file a workers’ compensation claim with your employer after an accident or job-related injury, your employer’s insurance company doctor will likely examine you to determine the extent and nature of your injuries. Under New Jersey’s workers’ compensation laws, employers can choose the doctor you must see.

In certain situations, however, your employer (or your employer’s insurance company) may agree to let you choose your own doctor. On the other hand, if your doctor is not authorized by your employer (or employer’s insurance provider), or you have been specifically instructed to see the insurance provider’s doctor, you can’t see a doctor of your choosing for your workers’ compensation claim.

Denial of a Workers’ Compensation Claim — Getting a Second Opinion

If your employer insists on choosing your doctor, you may want to get a second opinion. Keep in mind, however, that the doctor you choose is subject to your employer’s approval. Here, workers’ compensation claims can be a bit tricky — since the doctor works for your employer’s insurer, he or she may have an unspoken incentive to minimize costs to your employer. As a result, insurance company doctors downplaying injuries or claiming workers are ready to return to work before they really are is not unheard of.

In these kinds of cases, it’s best to talk to an experienced workers’ compensation attorney who can help you navigate the workers’ compensation appeals process while protecting your rights and financial interests.

A Difference of Opinion: the Insurer’s Doctor and Yours

Suppose you suffer from what you believe is carpal tunnel syndrome and are experiencing tingling and weakness in your arm. You’ve developed these symptoms due to the repetitive motion required by your work. After you file a workers’ compensation claim, your employer instructs you to see a doctor it has chosen for you. The doctor examines you and decides you need physical therapy and are able to return to work.

You then decide to see your own doctor, who takes some x-rays of your spine and neck. He discovers that you have retrolisthesis and endplate spurring. He suggests surgery may be necessary, but can be avoided if you take a month off from work and use physical therapy. In this situation, your employer is not obligated to accept your doctor’s finding. If this happens, your only alternative is to hire a workers’ compensation attorney and take your employer to court.

Problems with Your Employer’s Doctor? Contact Taylor & Boguski

If you’re being told you’re ready to return to work even though you know you aren’t, contact Mount Laurel workers’ compensation attorneys at Taylor & Boguski today. We can evaluate your case, discuss the best options available to you and ensure that your rights and interests are protected.

Filed Under: Work - Related Injury, Workers Compensation
January 3, 2014 By

What Is an Attractive Nuisance?

Mount Laurel Personal Injury / Pool Attorneys

Homeowners who have a swing set, pool or trampoline in their backyards may be exposing themselves to unwanted liability without carefully thinking about it. What is an “attractive nuisance”? Legally, an >attractive nuisance is any potentially hazardous or dangerous condition or object that might attract children to enter a piece of property in order to play with or explore the hazardous condition or object in question. This means that construction companies, schools, even businesses can be held liable if equipment, jungle gyms or sculptures are considered an attractive nuisance by the court.

Taking Steps to Secure Property — Will this Reduce Liability?

Property owners might think that if they comply with existing codes regarding safety and security fences, they can’t be held responsible for injuries to children who trespass on property and hurt themselves on a trampoline, back hoe or abandoned car. Under the doctrine of attractive nuisance, however, property owners are strictly liable for creating conditions that pose a risk to children, who are unable to fully appreciate the danger posed to them.

For example, if a salvage yard has a security fence surrounding its property with “No Trespassing” signs posted, the yard’s owner can still be held liable for injuries to any children who enter the property to play with discarded refrigerators, washing machines or junked cars. Since younger children are not always able to accurately assess the risks inherent in a situation, the attractive nuisance law holds property owners liable for any failure to completely secure or remove an attractive nuisance, even if a property owner’s property is up to code.

Holding Property Owners Liable under New Jersey Attractive Nuisance Law

An important issue in any personal injury case involving an attractive nuisance is whether or not the injured child could have properly identified and assessed the dangers inherent in a situation. For many courts, however, the issue is whether or not the injuries were foreseeable. For instance, if a construction company working on a job near a school leaves the keys in its tractors overnight, is it foreseeable that children or young teenagers might be attracted by the tractors and try to start them up? If so, then a failure on the part of the construction company to eliminate this risk by removing the keys could be considered negligent.

Contact Mount Laurel Premises Liability Attorneys at Taylor & Boguski

Attractive nuisance cases require investigation, consideration of the evidence and a thorough review of a property owner’s actions. At Taylor & Boguski, we understand what needs to be done to investigate and present these kinds of cases. For more information regarding our practice and how we can help you, contact Mount Laurel premises liability attorneys at Taylor & Boguski today.

Filed Under: Personal Injury Tagged With:
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