Getting Workers’ Compensation Benefits for COVID-19
Recovering for Lost Work Time Due to Occupational Illness
Under the workers’ compensation laws in New Jersey, you are entitled to seek benefits for an occupational disease, provided you can show the following:
- your illness arose out of or occurred during the course of your employment;
- the illness was caused by factors characteristic of or peculiar to your occupation or place of employment; and
- your work contributed in some material way to contracting the disease.
Proving you contracted a communicable disease at work can be difficult. But New Jersey has made it easier for workers to get benefits for COVID-19 by enacting a new law that creates the presumption that “essential employees” have a compensable occupational illness when they contract a communicable disease during an officially-declared public health emergency. The law went into effect on September 14, 2020, and was retroactive to March 9, 2020. It covers all essential workers who contract the coronavirus.
What Is an Essential Employee?
The law defines an essential employee as a private or public worker in one of four categories:
- public safety, including first responders, police, firefighters, and other emergency technicians;
- medical and healthcare personnel, including workers in residential facilities, nursing homes, emergency transportation, and social services;
- occupations essential to public health, safety, and welfare, including food and beverage services, groceries, hotel and residential services, medicine, and pharmaceutical services; or
- any worker deemed an essential employee by the authority that declared the health emergency.
If you fall into one of the above-listed categories and contracted the virus, you’re entitled to workers’ compensation benefits unless your employer can prove you were exposed outside the scope of your employment.
Contact the Cintron Firm
At theCintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. 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. We are currently available to talk with you by phone, text message, or online videoconference. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
Bankruptcy—A Way to Improve Your Creditworthiness
Filing for Bankruptcy Can Positively Impact Your Credit
If you’re struggling to pay your bills, whether because you’ve lost your job, gone through a divorce, or incurred substantial unreimbursed medical expenses (the most common cause of a bankruptcy filing), you may be considering bankruptcy. Though a bankruptcy can help you get a fresh start, and put a halt to the incessant phone calls and letters from creditors, you might fear that filing for protection will make it more difficult for you to secure credit. That’s not necessarily true.
Many Potential Creditors View Bankruptcy Favorably
When a potential creditor is considering your application, the fact that you’ve filed for bankruptcy protection can indicate that you recognized the problem and took specific steps to remedy the situation. Instead of making matters worse by borrowing money (and adding to your debt load) or falling even further behind, you sought the help afforded by bankruptcy law. In addition, whether you qualify to discharge debts in Chapter 7 or must restructure your obligations through Chapter 13, you should end up with more discretionary income, making it more likely that you’ll be able to repay any credit extended.
Your Credit Score Will Likely Go Up Within Six Months
There’s no way around it—your credit score will take a hit when you file for bankruptcy protection. It tends to be short-lived, though, provided you honor your commitments in the bankruptcy proceeding.
A recent study by the Federal Reserve Bank of Philadelphia supports this conclusion and shows that individuals who file Chapter 7 or Chapter 13 see increased credit scores. After six months, the average Equifax credit score for Chapter 7 filers rose from 540 to 620. Chapter 13 petitioners saw an average rise from 535 to 610 over the same period of time.
Contact the Cintron Firm
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. 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. We are currently available to talk with you by phone, text message or online videoconference. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
Happy Thanksgiving
Chapter 13 Bankruptcy—The Basics
Getting a Fresh Start Through a Reorganization Plan
One of the most devastating impacts of the pandemic has been its effect on businesses and workers. If you’ve been furloughed or permanently lost your job, and you’re struggling to make ends meet, you may be considering bankruptcy as a way to find relief from creditors and get your finances in order. To permanently discharge your debts through a Chapter 7 bankruptcy filing, you must pass a “means test.” If you don’t qualify for Chapter 7 relief, your remaining option is a reorganization or restructuring of your debt under Chapter 13. Here’s what that looks like.
An Overview of Chapter 13
When you file for protection under Chapter 13, you have the opportunity to work with your creditors to establish new payment arrangements. An automatic stay goes into effect immediately when you file your bankruptcy petition, which means you won’t receive any more phone calls or letters from debt collectors and won’t have to worry about creditors filing legal action against you.
You and your attorney will identify all your outstanding debts and put together a proposed plan for repaying your creditors over a three-to-five-year period. Often, when negotiating new payment arrangements, you can get a creditor to waive prior late fees and penalties.
The proposed plan must be submitted to and approved by your creditors and the bankruptcy court. If approved and put into action, a Chapter 13 petition provides the protection of the automatic stay for the full three-to-five-year repayment period, provided you honor your agreements. As an bonus, in a Chapter 13 filing, you don’t have to turn over any property to the bankruptcy court. You can keep everything.
Contact the Cintron Firm
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. 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. We are currently available to talk with you by phone, text message, or online videoconference. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
Chapter 7 Bankruptcy—The Basics
How You May Be Able to Permanently Discharge Debt in Bankruptcy
The pandemic has had a devastating impact on many Americans. If you are one of the many who’s lost your job or seen your small business take a hit, you may be struggling to meet your day-to-day obligations. By filing bankruptcy under Chapter 7, you can permanently rid yourself of some of your debts, but there’s a trade off. Furthermore, under bankruptcy rules, you must qualify before you can liquidate debt in Chapter 7. Here’s how it works.
Under Chapter 7, you can wipe out certain debts in exchange for transferring some of your property to the bankruptcy trustee. That property is then sold, and the proceeds are distributed to your creditors. Some debts, such as alimony and child support, cannot be discharged in bankruptcy. Additionally, student loans and past-due taxes can be discharged only in rare circumstances.
You won’t lose all your property. Exemptions under both state and federal law allow you to keep some personal property and a certain amount of equity in real property. You must choose the exemptions allowed by state law or federal law—you cannot pick and choose from both.
Before you can file for Chapter 7 bankruptcy protection, you must pass a “means test”in which you show the bankruptcy court that you lack the resources to repay creditors over a three-to-five-year period. If you fail the means test, your only option for personal bankruptcy is to reorganize your debts under Chapter 13. However, whether you file under Chapter 7 or Chapter 13, you’ll immediately receive the benefit of the automatic stay, which prohibits creditors from calling, writing, or otherwise attempting to collect a debt except through the bankruptcy process
Contact the Cintron Firm
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. 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. We are currently available to talk with you by phone, text message, or online videoconference. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
Filing a Lawsuit for Injuries Suffered in a Motor Vehicle Accident
The Process—What Happens After Discovery
In our last blog, we took a look at the steps necessary to initiate a lawsuit—the filing of a complaint and an answer. We also briefly discussed the discovery process, where the parties seek to gather all evidence that might potentially be used at trial. To understand what happens next in the legal process, we need to talk just a little bit more about discovery.
In the American legal system, we adhere to the principle of “open discovery,” which means that all the evidence available to one party must also be available to other parties. This principle stems from the belief that the most just result comes when parties prepare their cases with knowledge of all the relevant facts.
One of the key components of discovery is the deposition. At a deposition, a witness is sworn in and can be asked questions by attorneys for all parties. A court reporter commits the testimony to writing, and the deposition also can be videotaped. During the deposition, though, the rules of evidence that apply in court are not followed. Accordingly, lawyers may ask questions that typically are not allowed in front of a jury. If opposing counsel objects, the objection and the grounds must be stated for the record. However, the witness may still answer the question. Because the deposition is closed, there’s no risk the objectionable testimony will be heard by the jury.
If the same testimony were elicited at trial, though, it could be problematic. Even though a judge can instruct a jury to disregard testimony that violates the rules of evidence, the damage may already be done, as the jury has heard (and can’t “unhear”) the evidence. Accordingly, once discovery is complete, the court will schedule a hearing to rule on the admissibility of potentially objectionable evidence before the trial begins. If an attorney subsequently introduces evidence that the court has ruled inadmissible, it may be grounds for a mistrial or even sanctions against the attorney.
Contact the Cintron Firm
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. 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. We are currently available to talk with you by phone, text message, or online videoconference. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
Recovering Compensation for Motor Vehicle Accident Injuries
Taking Legal Action to Cover Your Losses After a Wreck
When you’re injured in a collision caused by someone else’s negligence, one of the first things you do is contact your insurance company. In New Jersey, one of the states that follow “no-fault” principles, you must start with your insurer. Sometimes, though, your insurance isn’t enough to cover all your losses. If you need to file a lawsuit to seek a full recovery, how does that work?
The Statute of Limitations
To initiate legal action, your lawyer files a legal document called a complaint. Specific court rules set forth where that complaint must be filed, when it must be filed, and who must receive a copy. One of the most important rules is the statute of limitations, which requires that you file your complaint within a certain period of time after the accident. The statute of limitations is intended to ensure that claims are decided before evidence is lost or the memories of witnesses fade. It also means that potential defendants don’t have to live in perpetual fear of being sued.
The Early Stages of a Lawsuit
Once you properly file your complaint, the alleged wrongdoer (the “defendant”) has a specific period of time to submit an “answer” admitting or denying the allegations in your complaint. The court then typically schedules its first conference with attorneys and parties in order to learn the basic facts of the case. You also should expect that during this conference, the judge will put pressure on you to settle the case, if possible.
Assuming you don’t settle, the court will set a timetable for “discovery,” a process in which both parties gather evidence. Once the discovery period is completed, the court will hold hearings to determine whether the evidence gathered is admissible and whether the case can be resolved without going to trial.
Contact the Cintron Firm
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. 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. We are currently available to talk with you by phone, text message, or online videoconference. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
Challenging a Field Sobriety Test in New Jersey
Can You Contest a Drunk-Driving Charge Based on the Results of a Field Sobriety Test?
If police pull you over in New Jersey, particularly after dark, don’t be surprised if the officer’s first question is “Have you been drinking?” New Jersey law enforcement officers take drinking and driving seriously and make such inquiries a routine part of a traffic stop. If you’ve had a beer after work or with dinner and truthfully answer in the affirmative, the officer may then ask you to step out of the vehicle and submit to a field sobriety test. Based on observations made during that test, you might be asked to take a blood alcohol test
As a general rule, there are three common field sobriety tests administered by New Jersey police officers
- The one-leg stand—This test requires that you start with your feet and arms together by your side. When the officer asks, you must raise your leg and hold it in the air for 30 seconds.
- The walk-and-turn—The walk-and-turn tests your balance, requiring that you walk forward heel-to-toe in a straight line, turn 180 degrees, and walk back to the starting point heel-to-toe. Typically, the officer first demonstrates how you should do this.
- The horizontal gaze nystagmus—With this test, the officer holds an object, such as a pen or flashlight, in front of your eyes and asks you to follow the object’s movements left and right. A sudden and involuntary jerking of the eyes, known as a nystagmus, is believed to indicate high blood alcohol content.
All these field sobriety tests have been successfully challenged in New Jersey courts. The one-leg stand is estimated to be unreliable in more than a third of all cases. The walk-and-turn is equally unreliable, and the horizontal gaze nystagmus is currently not admissible in drunk-driving prosecutions in New Jersey
Contact the Cintron Firm
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. 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. We are currently available to talk with you by phone, text message, or videoconference. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment
Accidents Involving Uninsured Motorists in New Jersey
Where to Seek Recovery When the At-Fault Party is Uninsured
When you’re hurt in a motor vehicle accident, your first priority should be your health. Once you receive the medical attention you need, take steps to protect your legal and financial interests.
Under New Jersey’s no-fault motor vehicle insurance law, you first look to your own insurance company rather than file a claim with the at-fault party’s insurer. If your injuries or losses exceed the coverage amounts of your policy, then you can look to the other driver’s insurer for compensation. What happens, though, if the other driver has no insurance (in violation of state law) or is underinsured? Are you simply out of luck?
There are other potential avenues of recovery in the aftermath of an automobile accident:
- Uninsured/underinsured motorist coverage—You may have a rider on your insurance policy that provides some level of coverage if the at-fault driver is uninsured or underinsured. Typically, it’s not a standard clause but an additional provision that comes with an additional cost. Don’t expect your insurance company to tell you about it, though. Your insurer has a vested interest in minimizing any payout to you.
- Dram shop liability—Businesses that provide alcohol, such as bars, restaurants, taverns, and even liquor stores, may be liable if an intoxicated person causes a motor vehicle accident
- The at-fault party’s employer—If the other driver was working at the time of the crash, and the travel was in the course of employment, the employer may be liable.
- Product liability—If the accident was caused by a vehicle defect or malfunction of a part (tire, brakes, steering wheel, etc.), you may have a claim against the designer, manufacturer, and/or distributor.
- Roadway defects—You may have a claim against the local government if your accident was caused by poor roadway maintenance or a defect in the road, though bringing such claims can be a fairly complex process.
Contact the Cintron Firm
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. 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. We are currently available to talk with you by phone, text message, or online videoconference. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
