Perspectives

Practice Highlights

Beyond Worker’s Compensation Understanding Additional Benefits for Injured Employees

If you’ve suffered a workplace injury, you may already be pursuing worker’s compensation for medical bills and lost wages. However, depending on your circumstances, you could be entitled to additional benefits.

Here are some key options to consider:

Temporary Partial Disability (TPD)

If your injury allows you to return to work in a reduced capacity-such as working fewer hours in a modified role-you may qualify for TPD benefits. These benefits help compensate for the difference between your pre-injury earnings and your current income.

Permanent Partial Disability (PPD)

After reaching maximum medical improvements (MMI), if your injury results in permanent reduction in your ability to work but you are still able to perform some job functions, you might qualifty for PPD benefits. These are often calculated based on the severity of your impairment and may vary by state. For instance, states may assign specific compensation amounts for the loss or impairment of certain body parts.

Permanent Total Disability (PTD)

If your injury has left you permanently unable to return to work, you may qualify for PTD benefits. These benefits are typically reserved for severe cases, such as total blindness, the loss of multiple limbs, paralysis or a loss of mental faculties. In many states, PTD benefits provide long-term financial support to cover living expenses.

State-Specific Programs

Some states offer additional programs or benefits for injured workers, such as vocational rehabilitation services to help you transition into a new career or industry. States may also have funds to assist employees whose employers lack sufficient worker’s compensation insurance.

Social Security Disability Insurance (SSDI)

If your injury prevents you from working for an extended period, you may qualify for SSDI through the federal government. These benefits are designed to provide long-term financial support for individuals with severe disabilities.

Employer Provided Benefits

Depending on your employers, you might have access to other resources such as short-term disability insurance, health benefits, or employee assistance programs (EAPs). Be sure to check with your HR department to learn what’s available.

Need help understanding your rights? Contact WFJ’s Employment Law team today to discuss your options and ensure your recovery is protected. 

Simplify the Complex: Understanding Probate

When it comes to navigating legal processes, few topics feel as overhelming as probate. At WFJ, we specialize in simplifying the complex. Probate is a court-supervised legal proceeding that ensures your property is properly transferred after your death. Let’s break it down so you feel comfortable and informed.

What is Probate?

Probate is the legal process of administering a deceased person’s estate. During probate, a personal representative is appointed by the court to manage and settle the estate. The personal representative ensures debts are paid and property is distributed according to the deceased’s will or state law if no will exists.

Types of Probate Proceedings

Probate can be formal or informal. depending on the complexity of the estate and whether court supervision is necessary.

  • Informal Probate: This streamlined process allows the personal representative to administer the estate without the court’s ongoing supervision. Informal probate is ideal for straightforward cases where all interested parties are in agreement.
  • Formal Probate: Formal probate may be supervised. It is typically used for more complex estates that require judicial involvement to resolve disputes, address ambiguities in the will, or handle other legal challenges. Supervised formal probate involves ongoing oversight from the court, while unsupervised formal probate grants the personal representative more autonomy.

Where Does Probate Take Place?

Probate proceedings must offuc in the country where the deceased was legally residing at thet ime of their death. For non-residents who owned property in the state, probate must take place in the county where the property is located.

What are Non-Probate Assets?

Not all assets are subject to probate. Non-probate assets are those that bypass the probate processand transfer directly to beneficiaries. These typically include:

  • Property held in joint tenancy
  • Joint bank accounts
  • Life insurance policies with named beneficiaries
  • Payable-on-death (POD) accounts
  • Real property with a valid transfer-on-death deed recorded in the appropriate county

Proper planning can help ensure that your non-probate assets are distributed efficiently and according to your wishes.

Why Work with WFJ?

Probate doesn’t have to be overwhelming. Whether you’re planning your estate or managing the probate process for a loved one, our experienced attorneys at Wagner, Falconer & Judd are here to help. We’ll guide you through the process with clarity and confidence, ensuring your interests are protected every step of the way.

Simplify the complex. Contant WFJ today to learn how we can assist with your probate and estate planning needs.

Comprehensive Legal Support for Natural Disaster Recovery: Navigating insurance claims, loans, fraud protection, and employment law compliance.

In the aftermath of a natural disaster, individuals and businesses face numerous challenges as they strive to rebuild and recover. From navigating complex insurance claims to securing vital small business loans, the road to recovery can be daunting and fraught with potential pitfalls. Additionally, accessing FEMA and other disaster relief funds requires a thorough understanding of eligibility and application processes. To make matters more challenging, the risk of fraud and shoddy construction work increases, making it crucial to have a trusted legal partner by your side. Wagner, Falconer, & Judd is dedicated to providing comprehensive legal support during these trying times, ensuring that you receive the assistance and protection you need to rebuild your life and business with confidence.

Insurance Claims

Maximize your insurance claims with expert legal guidance. After a natural disaster, navigating the complexities of insurance claims can be overwhelming. Wagner, Falconer & Judd is here to ensure you get the maximum compensation you deserve. Let us handle the paperwork and negotiations while you focus on rebuilding your life.

Navigate insurance claims with confidence. Don’t let the insurance companies dictate your recovery. With our seasoned legal team by your side, you can rest assured that your claim will be handled professionally and efficiently.

Small Business Loans & Support

Secure small business loans with legal expertise. Rebuilding your business after a disaster is challenging. Wagner, Falconer & Judd specializes in helping businesses get back on their feet. We’ll guide you through the application process, assist you in meeting requirements for approval, ensuring you have the financial support needed to rebuild and thrive.

Lead effectively during a disaster. Additionally, if you are forced to close your doors temporarily, we provide guidance on complying with employment laws, helping you manage your workforce and legal obligations effectively during the recovery period.

FEMA or Special Disaster Relief from Federal and State Governments

Unlock federal and state disaster relief funds. Accessing FEMA and other disaster relief funds can be daunting. Our knowledgeable legal team will help you understand your eligibility and assist you in securing the aid you need to recover and rebuild effectively.

Fraud (What to look out for, how to spot shady contractors or people offering help.)

Protect yourself from disaster-related fraud. Natural disasters can bring out the best in people, but also the worst. WFJ will educate you on how to spot fraudulent schemes and protect yourself from shady contractors and scammers looking to take advantage of your situation.

Stay safe from fraud after a disaster. Don’t fall victim to disaster-related fraud. Proactively reaching out to WFJ before signing a contract with a contractor could save you years of legal headaches. Ensure you only work with legitimate and trustworthy contractors and service providers during your recovery-however, if you find yourself taken advantage of by a disaster vulture, our legal team can help you recover funds, and get work completed.

 

Contract Review

Ensure quality rebuilds with professional contract review. WFJ offers thorough contract review services to ensure you’re not paying for incomplete or substandard work. Let us safeguard your interests and ensure your reconstruction is done right the first time.

Avoid construction pitfalls with expert contract review. Before signing any contracts for reconstruction, let our experienced legal team review the terms. We’ll help you avoid common pitfalls and ensure your agreements are fair, protecting you from paying for work that was never completed.

Comprehensive Assistance

Comprehensive legal support during disaster recovery. Navigating the aftermath of a disaster involves numerous legal and financial challenges. WFJ provides comprehensive assistance, helping review and write letters to insurance companies, guiding you through FEMA and other disaster relief applications to access vital funds, and educating you on spotting and avoiding fraud. Our experienced construction and employment attorneys are uniquely qualified to be a vital resource and steadfast partner through every step of the recovery process for individuals and businesses alike.

 

Recovering from a natural disaster is a complex, and often overwhelming process, but you don’t have to face it alone. Trust Wagner, Falconer, & Judd to be your steadfast partner in rebuilding and revitalizing your life and business, providing you with the peace of mind and support you need during these challenging times.