By Tanya Phillips
I hope you enjoyed seeing our Team on the cover of the September/October issue. We would like to take this opportunity to highlight our firm’s practice areas.
We represent workers that are injured in the course and scope of their employment. In New Jersey workers’ compensation is no fault. Workers are entitled to benefits regardless of fault for the incident. Workers’ compensation is an exclusive remedy which means that an injured employee cannot bring a civil action against their employer as a result of the accident. They can only file a workers’ compensation claim.
If you are injured on the job, you are entitled to three types of benefits from the workers’ compensation insurance carrier. They are medical benefits for the injury you sustained, temporary disability benefits if you are unable to work during your recovery and permanent partial disability benefits after your treatment ends.
The first thing you should do if you are injured while in the course and scope of your employment is report the accident and your injuries immediately to your supervisor. This is the first step in securing the benefits to which you are entitled. It is important that if you have questions regarding your rights that you consult with an attorney to make sure that you are protected.
Social Security Claims
You may qualify for Social Security Disability benefits if you have worked long enough and paid into Social Security which usually is about ten years. After confirming your eligibility for benefits you must prove that you are disabled by Social Security standards. Social Security considers you to be disabled if:
- you cannot perform the work that you did before;
- they decide that you cannot adjust to other work because of your medical condition(s); and
- your disability has lasted or is expected to last for at least one year or to result in death.
When determining whether you are disabled Social Security looks at many factors in addition to your health conditions including your age, education and experience level. Your condition must be severe enough to interfere with basic work-related activities.
We handle Social Security appeals on behalf of individuals who have applied and been denied for SSI (Social Security Supplemental Income) and SSD (Social Security Disability). We file Requests for Reconsideration after the first denial as well as Requests for Hearings after your second denial. These appeals are time sensitive and can be an overwhelming process especially when you are dealing with significant health issues.
Disability Pension Claims
State, county, and municipal workers are all part of New Jersey’s Division of Pensions and Benefits. This organization regulates and oversees all public pension programs in the state. Most of these workers assume that they will be taken care of if they become disabled and seek disability pension funds.
Unfortunately, many people fall victim to unfair denials. Our firm protects the rights of these workers and handles both Accidental and Ordinary Disability Pension appeals.
Personal Injury Claims
We represent individuals who have been injured by the negligence of others. We handle multiple types of personal injury claims including motor vehicle accidents, slip and falls, wrongful death claims, etc. These types of claims are all different and if you are injured you need to be aware of your rights.
For example, if you are injured in a motor vehicle accident we can assist to you in completing the personal injury protection (PIP) form which is necessary for the automobile insurance carrier to begin payment of your medical bills. We also can assist you in determining the extent of your automobile coverage including the PIP medical and income continuation benefits available to you as well as your uninsured and underinsured limits. We welcome the opportunity to provide advice to you regarding your rights in all of these negligence matters.
Community Association Matters
We represent various condominium and homeowner associations throughout the State of New Jersey. Community Associations experience various issues, each of which our firm is equipped to handle and manage for these communities.
Community Associations require legal assistance in a multitude of legal arenas, some of the most common cases we are
asked to handle involve: the collection of monthly assessment fees from delinquent unit owners, the amending and alteration of their governing documents, the enforcement of the Associations rules and regulations, the maintenance and usage of their common elements and limited common elements and many other issues that occur unexpectedly in a community with differing interests and personalities.
Our firm offers a unique perspective on this practice area, both in our availability and our actions on behalf of the board. Our goal is to work with the board so that the community thrives. This area of practice requires the intermingling of various different vendors, managers, unit owners, renters, laws and interests. At Gaylord Popp, we have designed our practice in this area of law to cater to all of these concerns and in particular to address issues that have been expressed to us about how legal professionals could improve their services to these Associations. We have taken these concerns to heart and have incorporated them as the foundation of this practice area. We would welcome the opportunity to provide advice and assistance to any association, property manager or unit owner that has an interest in the welfare of a community association.
Our immigration practice areas include Visitor visas (B1/B2); Employment/business Immigration including immigration compliance issues, temporary work visas (H, L, E, TN, O, P) and permanent residence through EB1 (aliens of extraordinary ability, outstanding researchers and professors, multinational managers and executives); EB2 (advanced degree professional via PERM and national interest waiver); EB3 (professional/ skilled/unskilled workers via PERM); and EB5 (investor visa); Family immigration, including non-immigrant visas such as fiancée visas, immigrant visas/ permanent resident through marriage petitions and relative petitions (parents, children and siblings); and Naturalization and Citizenship.
Immigration law is a complex practice area and federal regulations are constantly changing. The changes occur on a regular basis due to new federal court rulings as well as new decisions by Homeland Security. As such, it is important to ensure that you have skilled and diligent representation for your immigration matter.
Vaccine Injury Claims
Each year millions of individuals (children and adults) are vaccinated against serious disease and illness. Vaccinations are a helpful defense against disease and infection; however, there are situations when the vaccine itself causes unintended consequences including serious illness, injury, permanent disability, and in some cases death.
If you or someone you know has suffered unintended consequences of vaccinations, you should consult with an attorney to secure the appropriate information regarding these claims and protect your rights to recover from such injuries.
We welcome the opportunity to assist you in all of these practice areas. Please contact us with your questions. We look forward to hearing from you and discussing your concerns.