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Social Security Income and Bankruptcy

Feb 1

Posted by admin in Bankruptcy, Social Security | No Comments


The following article was written by Theodore Sliwinski, Esq. and can be found on New-Jersey-Lawyers.com

If you are receiving social security income, and if you need to file for bankruptcy, then contact the New Jersey Bankruptcy Center. We can answer all of your questions about bankruptcy and social security income at a free bankruptcy consultation. Moreover, many New Jersey-ites who receive social security income, and who need to file for bankruptcy are often scared that their creditors may be able to garnish their income.

Social security income is considered exempt in bankruptcy. In simpler terms, your creditors cannot take your social security income benefits in a bankruptcy. Since social security benefits are exempt under 11 U.S.C. 522 (d)(10)(a) no creditor and even the bankruptcy trustee can take your benefits. Federal law provides that social security benefits are exempt from garnishment, levies, or assignments by most creditors, and it is likewise exempt from the trustee in a bankruptcy case .

Now even though Federal Law and New Jersey law allows an exemption of social security income in bankruptcy. There are instances where certain kinds of taxes, student loans, social security over payments, or debts due to Federal agencies may attach to social security income outside of bankruptcy. These types of attachments may be in effect when someone files for bankruptcy or may even be the motivation behind filing for bankruptcy. In these cases the automatic stay of bankruptcy will temporarily stop such action but after the case is filed things can change.

Generally almost all income payments you may receive under the Social Security Act are exempt in a bankruptcy proceeding. These also includes social security retirement income, SSI or supplemental security income, SSD or social security disability insurance benefits. Many New Jersey-ites who receive social security not only live on a fixed income, but they often have no other source of income to live on. Filing for bankruptcy can provide many benefits to those on social security and who are in desperate need of debt relief. If you are facing financial problems such as foreclosure, repossession, or loss of property, we may be able to help. Bankruptcy was designed to help honest debtor’s who need debt relief and a fresh start. If you are receiving social security income and if you need to file for bankruptcy, then contact the New Jersey Bankruptcy Center. We would like to help you wipe out your debt and get a fresh start. We can explain how your social security income will be treated in a bankruptcy case. There is no charge for your first consultation. Therefore, don’t delay.

More articles about New Jersey Bankruptcy can be found at New-Jersey-Lawyers.com. new jersey DWI lawyer can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

 

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A Guide For Living Wills

Jan 25

Posted by admin in News, Wills | No Comments


The following article was written by Theodore Sliwinski, Esq. and can be found on New-Jersey-Lawyers.com

A LEGAL GUIDE ON LIVING WILLS

The information below describes your legal rights concerning health care decisions and living wills. It explains your legal right to make decisions about your own health care under New Jersey law, and it tells you how to plan ahead for your health care if you become unable to decide for yourself because of an illness or accident.

1. Why should I consider writing a living will?

A serious injury, illness or a mental incapacity may make it impossible for you to make any health care decisions for yourself. In these real life situations, those responsible for your care will be forced to make these decisions for you. A living will is simply a legal document that which provides information for your treatment preferences to those caring for you, helping to insure that your wishes are respected even when you can’t make decisions yourself. A clearly written living will help prevent disagreements among those close to you. Moreover, a living will can reduce some of the burdens of decision making which are often experienced by family members, friends and health care providers.

2. What happens if I’m unable to decide about my health care?

If you should become unable to make treatment decisions because of an illness or an accident, then those caring for you will need to know about your values and wishes in making decisions on your behalf. Therefore, it is critically important to have a living will in this day and age. If you don’t have a living will then you could be forced to live as a vegetable for many years.

3. Where should I keep my living will?

In addition to the client keeping a copy of the living will, copies should be distributed to the health care representative and the alternate. Moreover, a copy should be given to your personal physician. Family members, friends, or anyone else who is likely to be involved in your health care treatments should also be given a copy.

4. Will the terms of my living will be followed?

Yes. Everyone responsible for your care must respect and comply with the directives and wishes that you have specified in your living will. However, if your doctor, nurse or other professional has a sincere objection to respecting your wishes to refuse life-sustaining treatment, then he or she may have your care transferred to another professional who will carry them out.

5. Does New Jersey recognize living wills as legally binding documents?

Absolutely. In 1990, the Supreme Court of the United States confirmed that a person’s rights to make choices about medical care are protected by the Bill of Rights. Under New Jersey law a living will are clearly legal and binding legal documents. Moreover, hospitals and physicians must also honor your living will.

6. What happens if I regain the ability to make my own health care decisions?

If you should regain the ability to make your own health care decisions, then you will have the legal authority to make any decisions regarding your health care and treatment. Thereafter, the person who holds holding your medical power of attorney will not be able to make these decisions for you.

7. What if I don’t have a living will?

If you should become unable to make treatment decisions and if you do not have a living will, then your close family member(s) will talk to your doctor and make these decisions on your behalf. However, if your family members or physicians disagree about your medical care, then it may be necessary for a court to intervene and to appoint someone as your legal guardian. This also may be legally required if you do not have a family member to make decisions on your behalf. That is why it is very important to put your wishes in writing to make it clear who should decide for you, and to help your family and doctor know intentions.

8. Will I still be treated if I don’t have a living will?

Yes. You will still receive medical treatment even if you do not have a living will. Your health insurance company also can’t deny coverage based on whether or not you have a living will.

9. How are living wills executed?

A competent adult may execute a living will at any time. The living will must be signed by the declarant and witnessed by either two adult witnesses or a notary public or lawyer. The witnesses must also attest to the sound mind of the declarant, and that the living will was executed free of duress or undue influence. The health care representative or the agent as listed in the living will is ineligible to act as a witness. In New Jersey the agent is also referred to as a health care representative. New Jersey recognizes living wills executed in other states as long as they comply with the laws of New Jersey.

10. How can I make any changes to a living will?

A living will can be modified at any time, as long as the declarant (the person who makes the living will) still has the ability to make sound decisions. If there are any changes to the living will, they should also be witnessed and dated.

To balance of this article can be found here on  New-Jersey-Lawyers.com.

New Jersey lawyers who take care of wills and estates can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

 

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What you should know about traffic tickets

Jan 18

Posted by admin in Traffic Law | No Comments


The following article was written by Theodore Sliwinski, Esq. and can be found on New-Jersey-Lawyers.com

A DRIVER CAN LOSE THEIR DRIVER’S LICENSE

In New Jersey a traffic ticket is not a simple case. It is a big mistake just to pay the traffic summons just to get the case over with. The MVC also known as the DMV, will put points on your driving record. If a driver gets just two or three summons on their record this can total up to enough points for them to lose their license. Moreover, if a driver gets too many points then this will cause them to receive expensive surcharges from the MVC. Sometimes the surcharges can total in the thousands of dollars! This is why it is important to contest each and every traffic ticket even if this is your first violation.

YOUR INSURANCE WILL GO UP DRAMATICALLY!

For many New Jersey citizens their auto insurance bill is one of their most expensive bills that they have to pay each and every year. The laws in New Jersey permit the insurance companies to impose steep increases upon people who are convicted of traffic violations. Just one traffic violation can cost you thousands of dollars in additional insurance costs! In the long run it is less expensive to hire a lawyer to fight the traffic ticket, than to pay for the increased insurance costs.

WHAT CAN A PERSON DO ABOUT THEIR TRAFFIC TICKET?

All people should fight their traffic ticket as aggressively as possible. Just because the cop wrote you the traffic ticket does not mean that you are guilty. Everyone deserves to have their day in court. Many times the cops don’t show up at court. The Municipal Courts are overwhelmed. You never know what could happen at Municipal Court? In one of my cases, I was able to get 14 points worth of tickets in a Municipal Court dropped because the police did not show up. A good traffic court lawyer can assist you to work out a “good deal” that can save you points, save your driver’s license, and save you thousands of dollars in insurance costs.

HOW CAN A LAWYER HELP YOU IN YOUR TRAFFIC COURT CASE?

The area of traffic law is getting more complex each and every year. There are a tremendous amount of defenses that are available to people who are issued traffic violations. Many times the Municipal Courts are so overwhelmed that they can’t try your case. A good traffic lawyer can emphasize this factor and any reasonable defenses to the prosecutor, and obtain a very good plea bargain or “deal.” An experienced traffic court lawyer can expose holes in the State’s case, and use these loopholes to obtain you the best possible outcome in your case.

Morre articles about New Jersey Traffic Law can be found at New-Jersey-Lawyers.com. New Jersey Traffic lawyers can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

 

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Nursing Home Neglect Or Abuse

Aug 4

Posted by admin in Nursing Home | No Comments


The following article was written by Kamensky Cohen & Reichelson and can be found on New-Jersey-Lawyers.com

One of the hardest decisions many of us will ever face is how to care for an aging or terminally ill family member.  It used to be traditional for several generations of families to live together, and for the children to take care of their aging and ailing parents at home.  However, over the past century, life expectancies have increased by more than 20 years, due to advances in medicine and healthcare.  In addition, economic conditions have changed as has the “nuclear family.”  A greater percentage of women are working outside the home, people are commuting further, and free time has become a luxury.

Many families have no choice but to place their loved ones in nursing homes or assisted living facilities.  The facilities can be very expensive and, due to Medicare and Medicaid requirements, the resident is required to use their assets to pay for the facility before they are eligible for government assistance.  Given these conditions, family members expect a lot from the facilities, and rightly so.  Unfortunately, the facilities do not always meet expectations, especially for the amount they are charging for the resident.

You cannot expect the facilities stave off the aging process, nor will they heal a patient who has a grave illness or is terminal.  However, there are some basic needs that must be met by the facility including hygiene, medicating, feeding, hydrating, turning and changing a patient.  The patient should also be protected from falls or other “unexplained” injuries.  Meeting these basic needs will not guarantee that a patient’s health will not deteriorate, however, failure to insure that they are met can exacerbate the patient’s condition by breaking down the skin allowing pressure sores or ulcers, decreasing immunities, creating infections and not providing what the body needs to protect and heal itself.

You should keep in mind that the physical deterioration of a loved one does not always mean that there is neglect or abuse.  However, if there are concern, you need to get actively involved.  Bring any issues you have to the care giver assigned to the family member.  If not addressed to your satisfaction in a timely manner, request a meeting with a supervisor.  If this does not address your concern, request to meet with the Manager or Director of the facility.  Do not take no for an answer.   You must be an advocate for your family member as no one else will.   You must be assertive because no facility is going to want to admit that they are providing substandard care, nor do they want to admit that they are understaffed or overworked.   You should request copies of all of your family member’s records, as they may become necessary at a later time.  In addition, you may want to take photographs of anything out of the ordinary.  If the facility as a whole is unresponsive to you, you can contact the licensing board, the board of health, medicaid/medicare or the patient’s health insurer or a local agency that deals with the elderly.  click here to read the rest of this article

For more information on New Jersey Nursing home law and to find a New Jersey Lawyer visit New-Jersey-Lawyers.com or  Njlawfirms.net and njlawyers-newjerseylawyers.com

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How does a Trust work?

Jul 21

Posted by admin in Estate Planning, News, Wills | No Comments


The following article was written by E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C. and can be found on New-Jersey-Lawyers.com

Trusts are the process by which the grantor transfers legal ownership to a person or institution (called the trustee) to manage the property for the benefit of another person (called the beneficiary).

Trusts create a fiduciary relationship between the trustee and the beneficiary. The trustee must act solely in the best interests of the beneficiary when dealing with the trust property. If a trustee does not live up to this duty, the trustee is legally accountable to the beneficiary for any damage to his or her interests. The grantor may act as the trustee himself or herself, and retain ownership instead of transferring the property. A grantor may also name himself as one of the beneficiaries of the Trust.

To find more articles about New Jersey  Wills and Probate Law can be found at New-Jersey-Lawyers.com.  New Jersey lawyers who can help with wills and estates in new jersey can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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New Jersey Probate F.A.Q.’s

Jul 7

Posted by admin in DWI, Municipal Court, Traffic Law | No Comments


The following article was written by E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C. and can be found on New-Jersey-Lawyers.com

What is Probate?

Probate is the process by which your last Will is determined to be your final statement and confirms the appointment of the person or institution you have named to administer your estate. The term probate is also used in the larger sense of probating your estate. In this sense, probate means the process by which assets are gathered and applied to pay debts, taxes and expenses of administration, and distributed to those designated as beneficiaries in your Will.

How is a Will probated?

The following is a simplified outline of the general probate process:

  • The original Will is filed with the Court.
  • The Executor named in the Will or Administrator is appointed. Executors and Administrators are commonly referred to as Personal Representatives.
  • The Personal Representative files a Petition for Probate of the Estate.
  • For approximately nine months from the date of the Petition for Probate, creditors of the Estate can file claims against the Estate. This would include any prior creditors or judgment holders, debts resulting from last illness, funeral expenses, taxing authorities, etc.
  • During this time period, the Personal Representative has to identify and collect assets of the Estate. To do this, the Personal Representative finds all bank and security accounts, debts owed to the Decedent, property owned by the Decedent, etc. The Personal Representative also has to maintain the assets in good condition. This consists of maintaining insurance coverage, collecting rent, protecting assets from theft or damage, etc. The Personal Representative may also liquidate assets such as cars, real estate, etc. during this time.
  • When the nine-month claims period has expired, and when all assets have been collected, real property sold, and assuming no problems have presented themselves such as the Will being contested, the Personal Representative then files a petition with the probate court to allow a distribution of all remaining assets to the beneficiaries/heirs, and files a detailed accounting with the Court setting forth all monies received, monies disbursed, how assets were invested, and the proposed plan for distribution.
  • If the Court approves the plan, the Personal Representative then divides the assets as instructed in the Will, or as required by statute if no Will exists.

The minimum amount of time that the probate process can be completed is approximately nine months, but it normally takes longer. Reasons for delays can include Will contests, property cannot be sold, claimants not being notified in the original nine-month claim period, etc.

To find more articles about New Jersey  Wills and Probate Law can be found at New-Jersey-Lawyers.com.  New Jersey lawyers who can help with wills and estates in new jersey can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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Traffic Defense Frequently Asked Questions For New Jersey

Jun 27

Posted by admin in DWI, Municipal Court, Traffic Law | No Comments


The following article was written by E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C. and can be found on New-Jersey-Lawyers.com

When can my driver’s license be suspended or revoked?

Driving a car is considered a privilege– and the State of New Jersey will not hesitate to take it away, if a driver behaves irresponsibly on the road. A State may temporarily suspend your driving privileges for a number of reasons, including:

  • driving under the influence of alcohol or drugs
  • refusing to take a blood-alcohol test
  • driving without liability insurance
  • speeding
  • reckless driving
  • leaving the scene of an injury accident
  • failing to pay a driving-related fine
  • failing to answer a traffic summons, or
  • failing to file an accident report.

In addition, New Jersey uses a “point” system to keep track of a driver’s moving violations: each moving violation is assigned a certain number of points. If a driver accumulates too many points within a given period of time, the Motor Vehicle Commission (MVC) will suspend his or her license.

Why doesn’t New Jersey Motor Vehicle Commission (MVC) return a driver’s license after the period of suspension?

For security purposes, New Jersey MVC no longer maintains paper files. When a driver’s license is surrendered due to suspension, a notation is made on the driver history record and the actual document is destroyed. Text appears on the driver’s restoration notice to enable him or her to obtain a free replacement license at any Motor Vehicle Commission agency when the driving privilege is restored.

Should I plead guilty or not guilty to a traffic violation in a court of law?

To answer this question, you will have to factor in potential fines, penalties, surcharges, court costs, motor vehicle points, insurance eligibility points and effects on your driving privileges that will follow a guilty plea to the charged offenses.

If you plead not guilty, you have an opportunity to go to court and have a trial, at which the State, represented by the municipal prosecutor, will have to prove your guilt to the judge beyond a reasonable doubt. You can also plead not guilty and see if you or your lawyer can plea bargain with the municipal prosecutor for a factually similar, but legally different result. The municipal court judge, prosecutor and police officer all have access to your driving abstract, and this is a major factor in the State’s decision on the terms of a plea bargain.

Are there viable excuses or questions that might prevent an officer from issuing a traffic ticket?

As a general rule, if you are speeding to the hospital, or run a red light due to an emergency, a ticket will not likely be issued and you might get a police escort to accompany you. But in the end, the violator’s attitude really does make a difference whether or not a ticket is issued. The officer generally has the last word on traffic stops, and motorists can gain an advantage by being cooperative and patient with questions. Also, it doesn’t hurt to ask the officer for a warning.

To find more articles about New Jersey  Traffic law and motor vehicle law  can be found at New-Jersey-Lawyers.com.  new jersey traffic  lawyers can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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Motor Vehicle Point Reduction In New Jersey

Jun 20

Posted by admin in DWI, Municipal Court, News, Traffic Law | No Comments


The following article was written by E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C. and can be found on New-Jersey-Lawyers.com

Three ways points can be reduced and/or deducted:

  • For every year of safe driving (no violations or suspensions), up to three points may be subtracted from your point total. This reduction of points occurs one year after:
    • your last point violation; or
    • your license was restored; or
    • the last time annual safe driving points were subtracted from your record (whichever is later).
  • After completion of a Motor Vehicle Services (MVS) offered driver improvement program, up to three points may be subtracted from your point total. These programs are only offered to problem drivers selected by MVS. Credit is given for one program maximum every two years.
  • After completion of a MVS approved defensive driving course up to two points may be subtracted from your point total. Credit is given for one program maximum every five years.
  • Please visit the “Improv-School” banner on my website: www.newjerseytrafficattorney.com for more information on on-line driver improvement program.

To find more articles about New Jersey  Traffic and motor vehicle law  can be found at New-Jersey-Lawyers.com.  new jersey traffic  lawyers can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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Common Police Mistakes in DWI Cases

Apr 26

Posted by admin in DWI | No Comments


The following article was written by Theodore Sliwinski, Esq. and can be found on New-Jersey-Lawyers.com

1. The police make an unconstitutional stop of your vehicle.

The police can’t stop your vehicle on the basis of an anonymous call, or if there is no probable cause. In most cases, the police must stop the driver for some type of moving violation to justify the DWI arrest. If there are no sufficient grounds to substantiate the stop of your vehicle, then make sure that your counsel files a motion to suppress. This is quickly becoming the strongest DWI defense in New Jersey.

2. The police can’t question a person without informing him or her of their Miranda rights.

In many cases the drivers get scared and they confess to drinking and driving. Always be cognizant of the fact that the police must issue a driver their Miranda rights before he or she can be questioned.

3. Stopping a vehicle without probable cause.

The police can’t stop a driver merely because they are suspicious that the person was driving under the influence. The police have to substantiate the traffic stop with a moving violation such as weaving, speeding, or an improper lane change. If the police can’t substantiate any probable cause to justify the stop, then the DWI case will be dismissed.

4. Stopping a vehicle just to check the driver’s license, registration, and insurance.

In many cases the police will stop a vehicle only to check the status of the person’s driver’s license, registration and insurance. If the police then arrest the driver for a DWI, then in many cases a good lawyer can contest the validity of the stop on the lack of any probable cause.

5. Stopping a vehicle for no reason at all.

In many cases the police are really on a “fishing expedition” to try to arrest as many DWI drivers as possible. This type of attitude is especially prevalent on weekends and in the summer. The police must have a valid reason to stop a driver. The common reasons to justify a valid stop are for speeding, weaving, or for an improper turn. If the police have not issued a moving violation to a DWI driver, then in many cases the DWI case will be dismissed because there is no probable cause.

6. Not having their alcotest operation certificate renewed.

A police officer must be qualified by the Attorney General and by the New Jersey State Police to operate and administer an alcotest machine. A police officer who seeks to administer an alcotest(s) must be certified. The certification is essentially a licesnse to conduct breath tests. Like any license it has an expiration date. An alcotest operator’s certificate is only valid for the year in which it is issued, and for the following two years. N.J.A.C. 13:51-1.8(a). In many cases, especially in high crime townships, the police do not keep their breathalyzer certifications up to date.

7. The alcotest machine has a history of malfunctioning.

A lawyer should always check out the certificates of the alcotest machine. If the DWI case has a marginal BAC reading, and if the alcotest machine has a history of being unreliable, then this fact can assist the defendant to win the case.

8. The police fail to read DMV Standard Statement 36 to the DWI driver.

The DMV Standard Statement 36 is an eleven-paragraph page that must be read to all DWI drivers. The police will then ask the DWI driver to sign at the bottom of the statement. If the police do not read the entire DMV Standard Statement 36 to the DWI driver, then in many municipal courts they will dismiss the case. This is a great defense, and it should not be overlooked.

9. Proper Operation of the Alcotest machine.

The Alcotest 7110 is alleged to be foolproof. Nonetheless, currently there are still many requirements that the police officer must comply with to properly operate the alcotest machine. In a DWI case the prosecutor must demonstrate that the alcotest machine was used in accordance with these accepted procedures. The prosecutor must demonstrate that the alcotest machine was properly operated by the police officer who conducted the breath test.

10. The police fail to wait twenty minutes after the arrest to conduct the breath tests.

The police must wait at least twenty minutes after the arrest to conduct the breath tests. The reason for this waiting period is to permit the DWI driver’s alcohol residue to dissipate. Many courts will recognize this defense and dismiss the case if there is a violation.

11. The police fail to wait ten minutes between the breath tests.

The police must wait at least ten minutes between the breath tests. Sometimes, the police become careless and they overlook this requirement. This is a great defense, and it does occur in some cases.

12. Attack the credibility of the police.

13. The State failed to provide an after-certificate.

The prosecutor must provide an after-certificate that proves that the alcotest is in proper working condition after the time of the DWI driver’s arrest.

14. The paperwork is all messed up.

The police must prepare “books of paperwork” in order to document their DWI case. In many cases, the police do a terrible job in documenting their DWI case. Remember, most police hate paperwork, and in many instances the police officer won’t arrest a drunk driver so that they can avoid preparing all of the paperwork. If the paperwork is sloppy, then this can be used to impeach the police officer(s), and to create holes in the State’s case. Always be aware for errors in the labeling of the breath samples, and of the alcotest machines. Also be aware for discrepancies of the times marked in the police reports. These minor points can be used to try to develop weak links in the State’s case.

15. The police fail to conduct the field sobriety tests correctly.

The police must be trained to correctly conduct field sobriety tests. In one of my cases, the police did not even have the proper training and education to conduct field sobriety tests. My client beat the DWI case on this defense.

To find more articles about New Jersey  DWI lawyer can be found at New-Jersey-Lawyers.com.  new jersey DWI lawyer can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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Worker’s Compensation Workplace Injuries

Apr 19

Posted by admin in Workers Compensation | No Comments


The following article was written by E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C. and can be found on New-Jersey-Lawyers.com

Does an old back injury aggravated by your current job entitle you to workers’ compensation benefits? Is your hypertension a result of employment-related stress? If you were in a car accident while running an errand for your employer, do you qualify for workers’ compensation benefits?

Any injury related to your employment entitles you to income and medical benefits. A serious back injury, an amputated arm or leg, brain damage, asbestosis, or another catastrophic workplace injury that gives rise to partial/total permanent disability entitles the worker to long-term wage and medical benefits.

Contact us at the Law Office of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C. in Oradell, New Jersey to arrange a free consultation with a workers’ compensation lawyer. Find out if your workplace injury qualifies for benefits.

Qualifying workplace injuries:

  • Spinal cord, neck, and back injuries that result in quadriplegia, paraplegia, some other paralysis, loss of function, or chronic pain
  • Permanent brain damage resulting from traumatic brain injury (TBI)
  • A torn rotator cuff injury, herniated lumbar disc/cervical disc, knee injury, shoulder injury, or other orthopedic or soft tissue injury
  • Psychological injuries, including posttraumatic stress disorder (PTSD), depression, and anxiety
  • Lung injuries, including asbestosis and baker’s lung
  • Heart conditions, including hypertension and heart attacks caused by stress, and pulmonary problems caused by exposure to diesel fumes and carbon monoxide
  • Cancer caused by toxic exposure, including lung, stomach, colon, and throat cancer, leukemia; and mesothelioma, including cancers that are diagnosed years after retirement
  • Repetitive stress injuries, including carpal tunnel syndrome, back strain, and rotator cuff impingement syndrome
  • Any injury that cause permanent partial loss of use of your hand, arm, all fingers, leg, foot, all of toes, eyes, or ears

Preexisting injuries, second injuries

If a preexisting injury has been aggravated by your work, you are entitled to benefits but your claim must be handled very carefully. A construction worker’s knee injury from high school may be reinjured at work and require orthopedic surgery. An office worker with a history of depression may break down under the pressure of the workplace. A manual laborer with a lumbar disc injury may suffer a second back injury at a new job. Preexisting carpal tunnel syndrome may be aggravated by a repetitive stress injury in a new job.

When there is a history of previous injury to the same body part, a settlement for partial/total permanent disability benefits will be reduced by the percentage of the injury that is related to the first accident. If two or more injuries combine to result in total permanent disability, the New Jersey Second Injury Fund pays the portion of the total disability caused in a previous position.

If your employer does not carry workers’ compensation

In New Jersey it is a criminal offense to fail to carry workers’ compensation insurance. If you were injured and your employer is not insured, you can still receive income benefits and medical benefits under the Uninsured Employers’ Fund (UEF) established through New Jersey workers’ compensation law.

Contact a lawyer about a workplace injury claim.

At the Law Office of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C. in Oradell, New Jersey, our workers’ compensation staff is committed to providing clients with responsive and effective legal services. If you are recovering from a workplace injury such as a repetitive stress injury, injury from a slip and fall accident, back injury, brain injury, or neck injury, it is important to have a lawyer to review your claim in order to see that you are being treated fairly.

To find more articles about New Jersey  workers’ compensation can be found at New-Jersey-Lawyers.com.  new jersey workers’ compensation lawyers can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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