New Jersey Lawyers Blog

The New Jersey Lawyers Directory Blog

Posts Tagged NJ lawyers

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

Tags: , , , , , , , , , ,

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

Tags: , , , , , , , , , , , , , , , , , , , ,

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

Tags: , , , , , , , , , , , , , , , ,

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

Tags: , , , , , , , , , , , , , , ,

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

Tags: , , , , , , , , , , , , , ,

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

Tags: , , , , , , , , , , , , , ,

Choosing the Right DWI Lawyer

Apr 12

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

Finding a lawyer who is experienced in handling DWI cases should be your top priority. DWI laws are constantly changing and the consequences of a conviction are becoming harsher and harsher, not to mention the negative impact of being labeled a criminal for the rest of your life.

If you have never been through this before, you probably don’t know who to call, and it seems lawyers are a dime a dozen. If you have been through this before and are searching for a different lawyer, you know just how important it is to hire an experienced DWI lawyer. You need to understand just because someone is a lawyer does not mean they have the necessary DWI experience to defend you and your DWI case.

Furthermore, not knowing what to look for in a DWI defense attorney makes the challenge of finding the right lawyer even more difficult. It is extremely important to find an experienced, competent DWI defense lawyer who knows how to investigate your case for factual and legal defenses, visit the scene with a camera for potential trial exhibits, interview witnesses, suppress evidence, compel discovery of offense reports and breath test maintenance records, negotiate for a dismissal or reduction in charges, obtain expert witnesses for trial, attempt to save your driving privileges, and who knows how to win the “difficult” case. In essence, you need a lawyer who will fight for you and leave no stone unturned in defending you. Remember, a conviction on your record will be there forever!

Contrary to popular belief, local bar association referral services are not necessarily a good source of information since they do not screen for qualifications. You are simply given the next name on the list. Likewise, any lawyer can take out an ad in the Yellow Pages, regardless of experience or ability.

You should attempt to retain a lawyer who devotes the majority of their practice to defending DWI cases. No lawyer can give you a guarantee on the outcome of your case (if one does, beware!); however, retaining a lawyer who concentrates on DWI defense will maximize your chances of being found Not Guilty.

If you do not have a sense of comfort and confidence after meeting with a lawyer about your case, you should continue to look.

After meeting with the lawyer, the following should be evident:

* The lawyer has extensive experience in litigating and trying DWI cases;
* The lawyer has a reputation for going to trial (not for pleading clients guilty);
* The lawyer has won difficult cases (they are not all talk);
* You feel comfortable in the manner in which the lawyer communicated with you (If you are not comfortable, do you think the jury would feel comfortable?);
* The lawyer listened to you (or did they do all the talking?);
* The lawyer was genuinely interested in you and your case;
* The financial agreement was clearly defined; and
* You have a strong sense of confidence in their ability to professionally and competently handle your case!

Another very important point to emphasize is to not overpay when you choose a lawyer. There are some DWI cases that just can’t be won. It makes no sense to a person to spend thousands of dollars on a DWI defense, when your chances to win are very low.

Also don’t be misled into believing that your lawyer is better if you pay him or her a larger retainer. This is a big myth! In New Jersey there is no right to a jury trial in a DWI case. Therefore, a DWI defendant can only win so many cases. If New Jersey gave defendants a right to a jury trial in a DWI case, then I am convinced that there would be a much higher rate of not guilty verdicts in DWI. However, New Jersey undoubtedly would increase the penalties for DWI if a right to a jury trial ever came into existence.

Given these circumstances, there really is no Johnny Cochran of DWI lawyers. Be smart when you choose your DWI lawyer. Don’t be talked into paying a $5,000 retainer, when your chances to prevail are low to begin with. There are many very qualified lawyers in New Jersey who will represent DWI defendants for an affordable fee.

To find more articles about New Jersey  DWI  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

Tags: , , , , , , , , , , , , , ,

No-Fault Claims

Apr 5

Posted by admin in Personal Injury | 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

The law firm of E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C., emphasizes representation of all medical providers and patients with respect to no-fault claims. When an individual is injured in an automobile accident, pursuant to N.J.S.A. 39:6A-1 et seq. the New Jersey No-Fault Statute, s/he is entitled to PIP (personal injury protection) benefits, under certain conditions. The purpose of No-Fault Act is social legislation intended to provide insureds with the prompt payment of medical bills, loss wages, and other such expenses without making them wait the outcome of protracted litigation in Court. In theory, PIP coverage is to be given the broadest application consistent with the statutory language of no-fault legislation, meaning that the fault system is to be removed from automobile negligence providing a minimum amount of protection to the public for injuries caused by an automobile accident. The system was designed to shift compensation from a tort and/or a third-party insurance to a system of first- party coverage.

In 1998, the New Jersey Legislature passed the Automobile Insurance Cross Reduction Act (“AICRA”) effective March 22, 1999. Under that Act, three types of insurance were provided: (1) basic insurance policies; (2) standard insurance policies; and (3) special insurance policies for eligible low income individuals.

The basic insurance policy provides only for very limited medical coverage and other PIP benefits such as income continuation, essential services and death benefits are not included.

In the special insurance policy for eligible low income individuals, there is even a more limited medical coverage than the basic policy, but it does allow for a $10,000.00 death benefit.

With respect to the standard policy, the Act provides for all the coverages that were formerly considered to be basic, including $250,000.00 in medical coverage, income continuation benefits, and funeral expenses. Extended options are also available for an extra premium.

Normally, when an individual is injured in an automobile accident, the injured party provides the medical provider with an Assignment of Benefits. This form permits the medical provider to treat the individual to the extent the medical provider deems appropriate and then file a claim, standing in the patient’s shoes so to speak, generally, for unpaid medical expense benefits. Under the New Jersey law, an individual is required to pay the selected policy deductible and 20% co-pay up to $5,000.00 ($1,000.00). Thereafter, the injured party’s insurance company is responsible for payment of medical expense benefits up to a ceiling of $250,000.00, for all medically necessary treatment of “permanent or significant brain injury, spinal cord injury or disfigurement or for medically necessary treatment of other permanent or significant injuries rendered at a trauma center or acute care hospital immediately following the accident and until the patient is stable.”

The New Jersey No-Fault System is a complicated process, which requires each medical provider to jump over many hurtles in order to recover payment for services rendered. In most situations, a medical provider must apply for pre-certification of services to be rendered, with certain exceptions. If the pre-certification request is not granted by the patient’s insurance company, then the medical provider is required to submit additional documentation and/or exhaust an internal appeal process with that patient’s auto insurer claims representative.

After the internal appeal period has transpired, if pre-certification is not granted, the medical provider will normally then retain the services of an attorney, such as this law firm, to file a no-fault arbitration claim, which, pursuant to AICRA, must be instituted with the National Arbitration Forum (NAF).

There are specific forms and rules promulgated by the NAF which apply to the filing, processing and execution of No-Fault claims in order to obtain an arbitration hearing. Depending on the severity of the claim, the medical provider will often testify either telephonically or in person at the arbitration hearing as the medical provider must prove the medical necessity, reasonableness, and causal relation to the accident for all medical services performed. The determination of the Dispute Resolution Professional (Arbitrator) is final and binding with limited rights for appeal.

Perfection of claims under the No-Fault Law in New Jersey has evolved into a very complex, time exhaustive, paper intensive process. Accumulating the proper medical documentation, as well as navigating through a morass of strict procedural requirements in ultimate payment of the claim in the No-Fault arbitration forum requires specialized skills and knowledge.

Since most insureds are unaware of either (1) which policy benefits they are entitled to under New Jersey No-Fault Law or (2) how to obtain treatment after their own insurance company denies benefits, it is essential that each injured individual contact an attorney well versed in no-fault arbitration claims in order to be fully protected.

The undersigned sat as a permanent No-Fault Arbitrator, now known as a Dispute Resolution Professional (“DRP”) from 1999 (when AICRA was first effected) until 2002; at that time the New Jersey no-fault claims forum was administered by the American Arbitration Association. The law firm has handled thousands of no-fault claims on behalf of both insureds and their medical providers in all areas of medicine. When any questions arise with respect to what benefits are available, the nature of a claim, and how it is prosecuted, it is extremely important to contact this law firm for advice so that your rights may be fully protected.

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

Tags: , , , , , , , , , ,

What You Need to Know About NJ Unemployment Benefits Extension

Mar 8

Posted by admin in Labor and Employment Law | No Comments


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

New Eligibility Issues for New Jersey Workers

On December 17, 2010, President Obama signed into law an extension for continued unemployment insurance benefits into the year 2011.  Now that the extension may be available to workers who have exhausted their regular unemployment insurance benefits, the issue remains whether an unemployed individual is eligible for unemployment insurance benefits in New Jersey.  On July 2, 2010, Governor Christie signed into law changes to the unemployment insurance eligibility for New Jersey applicants.

A key provision changes unemployment insurance eligibility for workers who are fired for misconduct or who voluntarily quit their jobs. The proposed eligibility requirements are more stringent, particularly for workers fired for “severe misconduct.” A three-tiered structure has been established — simple misconduct, severe misconduct and gross misconduct — which either prohibits payment of unemployment insurance benefits or extends the waiting period before benefits can be paid.

Under the old law, individuals could be disqualified from unemployment insurance benefits under the following circumstances: (1) voluntary resignation; (2) misconduct; (3) failure to apply for or accept suitable work; (4) involvement in a labor dispute; (5) receipt of money in lieu of notice; (6) receipt of other benefits (such as workers’ compensation or temporary disability); (7) fraud and (8) participation in a training program. Under the old law, if an employee is terminated for misconduct, then the penalty would be for that employee to be disqualified from receiving unemployment insurance benefits for six weeks. After the six week period was over, the applicant would still be able to obtain the remainder of his unemployment insurance benefits.

The new law extends the disqualification period and adds another circumstance under which an individual could be totally disqualified from claiming any unemployment benefits. Now, if a claimant is found to have committed “simple misconduct,” such as insubordination or consistent lateness or absences, although not having received written warnings from your employer, then the claimant may be disqualified for the first eight weeks.  After the eight week period was over, the applicant would still be able to obtain the remainder of his unemployment insurance benefits.

If a claimant is found to have committed “severe misconduct,” then he will receive total disqualification from all benefits for the entire period of unemployment until he works in new employment four (4) weeks and earn six (6) times his weekly benefit amount and becomes separated through no fault of his own.  Examples of severe misconduct are: use of drugs/alcohol on the job, repeated violations of a company rule, continued lateness or absences after receiving a written warning from your employer, destruction/theft of company property or misuse of benefits.

If a claimant was fired for any reason that is serious enough to be considered a crime of the first, second, third or fourth degree under the New Jersey Code of Criminal Justice, then the claimant may be disqualified from collecting benefits indefinitely under “gross misconduct.” To remove a “gross misconduct” disqualification, a claimant must return to work for at least eight (8) weeks, earn ten (10) times his weekly benefit rate, and become unemployed through no fault of his own.

If an applicant has been denied unemployment insurance benefits due to the new “severe misconduct” category or for any of the misconduct categories, then he should immediately request a hearing before an Appeal Tribunal and seek the advice of an attorney.   Call Kamensky Cohen for more details and assistance in any legal issues you may have regarding your unemployment benefits.  (609) 394-8585.

Other New Jersey Labor and Employment law Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey labor lawyers  on New-Jersey-Lawyers.com and Njlawfirms.net and njlawyers-newjerseylawyers.com

Tags: , , , ,

Steps One Should Take when there is a Potential Claim for Personal Injuries

Mar 1

Posted by admin in Personal Injury | No Comments


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

If you have been injured and you believe those injuries are attributable to someone else; i.e. slip and fall on property owned by someone other than yourself or an automobile accident caused by someone else., you may ask yourself what steps you need to take in order to pursue a personal injury claim. The first step is obviously to make sure that you are receiving the required medical care to heal from injuries. In doing so, take notes of all the doctors you have treated with, the treatment that has been rendered and the result of the treatment. It is important to follow your doctor’s instructions as to medical treatment and further follow up with your doctors regarding the necessity for future treatment.

If you think you may want to file a claim against the person or entity you believe is responsible for your injuries, you  need to speak to a personal injury attorney.  Many attorneys’ offices provide free consultations to potential personal injury claimants. (i.e.  Kamensky Cohen and Associates) The attorney will want to know who caused your accident, how it was caused and when it occurred. If you do not know the answers to these questions, and many times you may not, the attorney can help you in obtaining this information. You will want to bring notes with you to the attorneys office regarding these issues as well as names of your medical care providers. The attorney will also  discuss with you the injuries sustained as a result of the accident, what medical treatment you received and the importance of following up with your medical treatment. Make sure you tell your attorney if you have had any injuries prior or subsequent to the subject accident. If the attorney agrees to take your case, a retainer agreement is signed and the litigation process begins!

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

Tags: , , , , , , , , , , , ,