The Cintron Firm, LLC Blog

Do You Have to Be on the Payroll to Qualify for Workers’ Compensation?

June 12, 2019 by The Cintron Firm

Can You Seek Benefits If You Are Paid “Off the Books”?

It’s a fairly common practice across the country—many companies pay workers “under the table,” avoiding responsibility for tax withholding. What happens if you’re working for a company, but not on the payroll, and you suffer a job-related injury? As an employee, you’d have the right to seek workers’ compensation benefits. Do you have to be on the company’s payroll to file a workers’ compensation claim? Are you simply out of luck?

In New Jersey, as in other states, there are only two requirements to qualify for workers’ compensation—you must have been injured and the injury must have occurred on the job. Accordingly, the fact that you were not on the payroll will not automatically disqualify you from collecting workers’ compensation benefits.

A caveat, though—if you are determined to be an independent contractor, you will not be eligible to recover workers’ compensation benefits from the employer. As a general rule, when evaluating whether you are an independent contractor or an employee, the courts will consider three factors:

The extent to which the employer controls your behavior—the type of instruction/direction you receive, any type of training you get from the employer, whether you are subject to worker performance reviews or evaluations
The extent to which the company exercises financial control—Are you reimbursed for expenses? Who stands to make a profit or loss? Are your services available to others? How are you paid and how regularly?
Your relationship with the employer—Is there a written employment contract? Do you receive any other benefits? How permanent is the relationship? Are the services you provide integral to the business of the company?

Contact Us

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges, including people who have sustained workplace injuries. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Expunging a Criminal Record in New Jersey

June 3, 2019 by The Cintron Firm

Diminishing the Impact of Past Mistakes

We all make mistakes. In some instances, though, those errors in judgment can haunt us for years. A prior criminal record can make it difficult to get the job you want, to find a decent place to live, to get a loan or even to qualify for student aid. Fortunately, in the state of New Jersey, you can expunge certain criminal records, giving an opportunity for a fresh start. When your record is expunged, it will as if the records never existed in the first place. In most contexts, you can even deny that you were arrested or convicted.

The rules in New Jersey are somewhat different, depending on whether or not you were convicted of a crime.

No conviction–If you were arrested, but not convicted, you can ask to have all records sealed if the proceedings were dismissed or if you were acquitted. If you participated in a supervisory treatment program, which led to the dismissal, you must wait six months after the dismissal to seek expungement. Records may not be expunged, though, if the dismissal was the result of a ruling of insanity or lack of capacity, or the result of a plea bargain involving another criminal charge.
Conviction—You can still pursue expungement, even if you were convicted, but you must typically wait six years from the date of the conviction for an indictable offense and five years for a disorderly persons offense. Municipal ordinance violations may be expunged after two years and minor drug offenses after just a year.

Contact Our Office

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Send us an e-mail or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

What You Can Expect When You’ve Been Charged with Domestic Violence in New Jersey

May 30, 2019 by The Cintron Firm

Protecting Your Rights When You’ve Been Accused of Domestic Abuse

Like most states, New Jersey takes a tough stance when someone makes allegations of domestic violence or abuse. More often than not, if police are called to the scene, someone will be taken into custody. Under the law, if there’s any physical evidence of injury, police officers are required to make an arrest. However, a police officer may take a suspect into custody based solely on the statements of the purported victim, even though there’s no physical sign of violence or abuse.

If you are arrested, the police officer must notify you of your rights under the Miranda ruling. In addition, law enforcement officers must prepare a written report whenever they are called to the scene of a domestic dispute.

A domestic violence complaint may be filed, though, without calling police. A person who believes that he or she has been the victim of domestic abuse may file a complaint in the New Jersey family courts (the complaint must be filed in the county in which the abuse occurred or where one of the parties resides). Once the complaint is filed and the victim meets with a probation officer and someone from the state’s battered women’s program, the case goes to a judge/domestic violence hearing officer, who will make a determination as to whether or not the allegations fall under the definition of domestic violence. If the judge rules that they do, a temporary restraining order (TRO) will be issued, limiting the alleged perpetrator’s contact and access to the victim. The victim must advise local law enforcement of the existence of the TRO.

Once the TRO is in place, the court must schedule a final hearing, where both parties will be allowed to give testimony. The final hearing must take place within 10 days of the issuance of the TRO. At that hearing, the judge will decide whether to put a Final Domestic Violence Restraining Order (FRO) in place, and, if so, what the terms of that order will be.

Contact Our Office

At the Cintron Firm, LLC, we bring more than 14 years of experience individuals who have suffered any type of personal injury, including physical injuries in a work-related accident. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.

Rights of Way for Pedestrians in New Jersey

May 24, 2019 by The Cintron Firm

Determining When Pedestrians Must Yield to Motor Vehicle Operators

Pedestrian accidents are a serious problem in New Jersey and across the United States, with more than 350 injured pedestrians visiting a hospital emergency room somewhere in America every day. New Jersey has specific laws on the books to protect the health and safety of pedestrians. The goals of those statutes are to encourage the safe sharing of the roadway.

One of the obvious questions has to do with right of way. If a motor vehicle operator has a green light and a pedestrian has the “walk” sign, who actually has the right of way? Here’s how New Jersey addresses that issue:

As a general rule, a motorist must stop and let a pedestrian cross if the pedestrian is either halfway across the road (through the crosswalk) or so close to the middle that it would create a danger to make the pedestrian stop.
A pedestrian crossing at an intersection (with a marked or unmarked crosswalk) must yield to the right of way of motor vehicle operators.
A pedestrian must obey all crosswalk signals (“Don’t walk,” for example), unless instructed by a law enforcement or public safety officer
A pedestrian may not cross diagonally at an intersection, unless there is a traffic control signal allowing and governing that type of crossing.
A pedestrian may not enter into a crosswalk if the signal warns against entry or if a vehicle entering the crosswalk would not be able to yield or stop

A pedestrian on a sidewalk always has the right of way with respect to a motor vehicle, whether the driver is leaving or entering a driveway, alley, parking ramp, private road or parking lot.

Contact Us

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges, including people who have sustained workplace injuries. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

How Does Equitable Distribution Work in a New Jersey Divorce Proceeding?

May 14, 2019 by The Cintron Firm

Dividing Property after a Marital Breakup

When your marriage has ended and divorce is the only option, one of the thorniest issues to resolve can often be the division of marital debts and assets. There’s less emotional turmoil than with custody issues, but some of the assets may be difficult to divide, causing acrimony over whether or not there’s a fair distribution.

For purposes of property allocation in a divorce, New Jersey is an equitable distribution state. If the parties cannot reach an agreement, the court will attempt to divide debts and assets as fairly as possible, though not necessarily equally.

Factors the court will consider when determining what is equitable include:

the length of the marriage
the age and physical and emotional health of the parties
the income or property brought to the marriage by each party
the standard of living established during the marriage
any written agreement made by the parties before or during the marriage concerning an arrangement of property distribution
the economic circumstances of each party at the time the division of property becomes effective
the income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage
the contribution by each party to the education, training or earning power of the other
the need of a parent who has physical custody of a child to own or occupy the marital residence and to use or own the household effects
the debts and liabilities of the parties
the contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker
the tax consequences of the proposed distribution to each party
the present value of the property
the need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or children
the extent to which a party deferred achieving their career goals
any other factors which the court considers relevant

Contact Us

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges, including people who have sustained workplace injuries. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Slip and Fall Claims in New Jersey

May 9, 2019 by The Cintron Firm

The Duties of Property Owners to Minimize Risk of Injury

In New Jersey, as in all states, an owner or other person exercising control over real property has a duty to take certain actions to minimize the risk of injury to persons legally on the property. That duty applies to both residential and commercial property. The duty extends to anyone who exercises control over property, including owners, landlords, tenants and property managers.

As a general rule, a property owner must take reasonable steps to monitor property for potentially dangerous conditions. Nonetheless, there’s no requirement of actual knowledge of a dangerous condition. If the owner/property controller should have known of the condition through the exercise of reasonable care, there may be liability.

Once a dangerous condition is discovered (or should have been discovered), the owner must either eliminate the risk of injury (fix the problem), prevent access to the area of the property where the hazard exists, or provide reasonable notice to potential visitors of the risk.

An owner’s duty varies based on whether the visitor is deemed to be a trespasser, an invitee or a licensee:

A trespasser is someone who is on property without express or implied permission. As a general rule, there is no duty owed to trespassers. One exception to that rule—children who trespass because of an “attractive nuisance” on the property may still have a claim.
An invitee is any person who enters onto property for the benefit of the property owner. New Jersey identifies two types of invitees—business invitees and public invitees. A business invitee is anyone who enters property to potentially conduct business with the property owner. A public invitee is someone who enters ostensibly public land, including public parks, malls and hospitals. Property owners owe the highest duty to invitees.
A licensee is someone who enters property with the express or implied permission of the owner. Typically, a party guest in your home is a licensee. The duty of a property owner to a licensee is only to remedy or warn of conditions that were known, but which the licensee would not be able to independently discover.

Contact Our Office

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Send us an e-mail or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Insurance Coverage after a Motor Vehicle Accident in New Jersey

May 7, 2019 by The Cintron Firm

The Basic Policy for Personal Injury Protection (PIP) in New Jersey

In New Jersey, all motor vehicle operators are required under the law to have a “basic policy” of liability insurance. Technically, New Jersey is a “no-fault” state. That means that, when you’ve suffered injury or loss in an automobile crash, you seek benefits from your own insurer, who may then pursue reimbursement from the at-fault party’s insurer.

Under New Jersey law, you must meet minimum requirements with your motor vehicle accident insurance policy. The policy must have at least $5,000 worth of coverage for property damage. That applies only to damage to another person’s property (including a car). You must also have at least $15,000 in personal injury protection (PIP), which covers injuries suffered by anyone covered under your policy (including you). The $15,000 PIP coverage is per person, per accident. You can get as much as $250,000 per person, per accident for serious types of trauma, including brain or spinal cord injury.

There’s no requirement with the basic policy that you carry coverage for the personal injuries suffered by another person. As a consequence, if you cause injury to a third party, you can be personally responsible for any medical expenses or losses suffered by another person that are not covered by his or her PIP provisions.

With the basic policy, the policyholder (and all other covered individuals under the policy) is contractually bound by what’s known as the “limited right to sue.” Under the limited right to sue, an injured person may only bring a lawsuit for damages under limited circumstances, including where injuries include:

The loss of a body part
Significant scarring or disfigurement
The loss of a fetus
A displaced fracture
A permanent injury
Death

Contact Our Office

At the Cintron Firm, LLC, we bring more than 14 years of experience individuals who have suffered any type of personal injury, including physical injuries in a work-related accident. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.

Who’s Responsible for a Pedestrian Accident?

April 17, 2019 by The Cintron Firm

Determining Legal Liability When a Motorist Hits a Pedestrian

The U.S. Centers for Disease Control (CDC) estimates that more than 130,000 people will make a trip to the emergency room this year after being hit by a motor vehicle. About 16 of those pedestrian accidents will be fatal every day. When you’ve suffered injury as a pedestrian in a collision with an automobile, you may have the right to seek damages for your losses, from wages and income to loss of enjoyment of life, from pain and suffering to medical expenses. You right to recover compensation, however, is determined by who “caused” the accident.

Under New Jersey law, fault in pedestrian accidents is based on the legal concept of negligence. The long-established principle of negligence holds that every person, in all their actions, must adhere to a standard of “reasonable care.” When a person operates a motor vehicle or crosses the street, he or she must behave reasonably. Typically, that means obeying all traffic laws, signs and signals, but also paying reasonable attention to the circumstances at the time. Accordingly, motorists may be required to use a higher degree of care if weather, roadway or other conditions make it more difficult to observe pedestrians.

The determination of whether a person’s conduct met the standard of reasonable care is not set forth in New Jersey law, but is determined by the jury on a case-by-case basis. In a lawsuit, then, the jury will typically look at the behavior of all parties to determine whether it was reasonable. Fairly often, a jury will conclude that both parties “contributed” in some manner to causing the accident. When both parties have been deemed to be somewhat responsible, the jury will apply the legal principle of “comparative negligence” to determine how much compensation (if any) the injured party will receive. See our earlier blog to learn more about comparative negligence in New Jersey.

Contact Our Office

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Send us an e-mail or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Statistics Show Trucking Accident Rates Continue to Rise

April 2, 2019 by The Cintron Firm

Authorities Say More Trucks and Cheaper Gas Mean More Miles on the Road and More Accidents

According to statistics collected by the Federal Motor Carrier Safety Administration (FMCSA), deaths caused by large commercial truck accidents increased in 2017 by approximately five percent. More than 4,000 motorists, passengers or pedestrians lost their lives in truck accidents that year. Experts attribute the increase to the combination of continued low prices for gasoline, as well as the dramatic increase in the number of big rigs on the roads—now nearly two million on any given day.

Studies show that driver error is the most common cause of all truck accidents. Data shows that more than one of every four truck drivers involved in a motor vehicle accident had some evidence of use of improper drugs or pharmaceutical products—often stimulants designed to allow drivers to spend more time on the road.

The statistics collected by the FMCSA also indicated that truck drivers and trucking companies often ignore or consciously violate state and federal truck regulations governing time on the road and maintenance of vehicles. Under federal law, truckers are supposed to take scheduled breaks, and are limited to the number of hours they can be on the road consecutively, as well as over a specific period of time. Officials found evidence that logs had been falsified and that many drivers failed to log all their time.

The FMCSA found that the common causes of truck accidents included:

Aggressive driving, with many instances of road rage
Lack of familiarity with roads
Failure to obey traffic laws or signs
Failure to check mirrors before turning, changing lanes, or sudden braking
Distracted driving, such as the use of cell phones, tablets and music players

Contact Our Office

At the Cintron Firm, LLC, we bring more than 14 years of experience individuals who have suffered any type of personal injury, including physical injuries in a work-related accident. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.

New Jersey Allows Time Off from Work for Victims of Domestic Violence

March 20, 2019 by The Cintron Firm

State Law Requires Employers to Permit Time Off

When you’ve been the victim of domestic abuse or violence, it affects every aspect of your life— home, social gatherings and even work. It may be the physical consequences—the need for ongoing medical treatment. But it can also involve deep emotional and psychological trauma, requiring counseling or therapy. When those wounds are still fresh, it can be extremely difficult to perform the functions of your job.

In addition, if you are in a household where others have been subjected to domestic violence, you may have psychological wounds of your own, or may need to be a support mechanism for your loved one.

Recognizing the impact domestic violence can have on your psyche and your ability to effectively handle the duties of your job, the New Jersey legislature passed a law permitting employees who have been involved with instances of domestic violence to take a leave of absence without fear of retribution, including retaliation or termination. The law sets forth fairly specific criteria, however, both with respect to who qualifies and how much time may be taken.

Eligibility for Time Off

To qualify for time off, you must work for a company that has at least 25 employees. In addition, you must have worked at least 1,000 hours for that employer during the previous 12 calendar months.

Before you can take time off, you must provide written notice to your employer. It’s important to note that you do not have to be the victim of domestic violence to qualify for time off, but you will need to provide your employer with appropriate documentation to support your request. That may include:

A restraining or protective order issued by a court
Certification from a certified domestic violence specialist, a domestic violence agency or the director of a rape crisis center
Documentation showing that your accuser was convicted of domestic violence
Medical records
Communications from a prosecutor
Other documentation from a professional, such as a shelter worker, social worker or member of the clergy

The Amount of Time You May Take Off

Under New Jersey’s law, a person can take up to 20 days during the 12 month period following a request for time off.