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. 

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.

Trademarks are powerful tools for protecting your brand identity, ensuring your hard work and creativity are safeguarded. Whether you’re launching a new product, starting a business, or simply curious about intellectual property, knowing how trademarks work is essential.

If you’ve ever wondered how trademarks can protect your brand, let’s break it down:

When Should Think about Getting a Trademark?

You should consider trademarks early-ideally when choosing a name. Early planning helps protect your brand and reduces the risk of infringing on other’s trademark rights.

How Long Does it Take to get a Trademark?

The trademark registration process isn’t quick and can vary based on USPTO’s workload and application specifics. Currently, it takes approximately 14-15 months from application to registration.

I am Interested in Getting a Trademark, Where do I Start?

A clearance search is essential when registering a trademark. It checks federal and state databases to ensure your trademark is available. Let us handle this crucial step for you.

Do I Have to be Offering the Product/Service Before Applying for the Trademark?

No, you can file on an Intent-To-Use basis to reserve your trademark for up to 6 months, with the option for extensions.

Once my Trademark is Registered, What Does it Protect and for How Long?

A trademark protects the good and services listed in your application. Maintenance filings are required after 5 years and every 10 years to keep it active.

When starting a small business, addressing legal considerations early on can help lay a solid foundation and avoid costly mistakes. Here are 10 key things to consider, do, or impliment:

Choose the Right Business Structure

• Decide on the legal entity (e.g., sole proprietorship, partnership, LLC, corporation)
• Consider liability protection, tax implications, and administrative responsibilities

Register Your Business

• Register your business name with your state and/or county
• File necessary paperwork to establish your business legally

Obtain Necessary Licenses and Permits

• Research and apply for local, state, and federal licenses or permits required for your industry
• Esure compliance with zoning laws

Understand Employment Laws

• If hiring employees, comply with wage and hour laws, anti-discrimination laws, and workplace safety requirements
• Have clear employe policies and an employee handbook

Draft and Review Contracts

• Use clear, enforceable contracts with customer, suppliers, and partners
• Include terms addressing payment, termination, liability, and dispute resolution

Protect Intellectual Property

• Trademark your business name and logo if necessary
• Consider copyright protections for original content and patents for inventions

Develop a Risk Management Plan

• Obtain appropriate insurance (e.g., general liability, property, worker’s compensation, errors and omissions)
• Limit liability through indemnity clauses in contracts

Comply with Tax Obligations

• Apply for an Employer Identification Number (EIN) with the IRS
• Understand and file required federal, state, and local taxes, including sales tax if applicable

Establish Clear Financial Practices

• Seperate personal and business finances by opening a business bank account
• Maintain accurate financial records for tax and compliance purposes

Stay Current with Legal and Regulatory Changes

• Monitor laws and regulations affecting your industry
• Parnter with a legal professional or compliance partner to ensure ongoing compliance

By proactively addressing these areas, small businesses can reduce risks, remian complant, and set themselves up for long-term success. To learn more about WFJ’s business consulting services, get connected with one of our attorneys today. 

When a customer files for Chapter 7 bankruptcy, it’s crucial to act swiftly and strategically to protect your company’s financial interests. Below is a practical to-do list for credit managers and finance professionals navigating this complex process.

• Confirm the filing

Verify the bankruptcy filing by obtaining the case number and confirming the court’s jurisdiction.

• Comply with the Automatic Stay

Cease all collection activities immediately to avoid potential penalties for violating the automatic stay.

• Obtain the Petition and Mailing Matrix

Review the bankruptcy petition and mailing matrix to ensure your debt is listed correctly Confirm your company’s mailing address to receive important notices.

• File a Proof of Claim

Submit a timely proof of claim to establish your right to receive any distributions from the debtor’s estate.

• Review Recent Transactions

Examine transactions within the last 90 days for potential preferential payments that may be subject to crawlback.

• Evaluate Fraud Concerns

If you suspect fraud, consider pursuing and adversary proceeding to challenge the discharge of the debt.

• Confirm Lien and Bond Rights

Ensure your lien or bond rights are presereved. These rights may offer additionaly protections, even during bankruptcy.

Take Action Today

Navigating a customer’s bankruptcy requires attention to detail and expert legal guidance. Wagner, Falconer & Judd specializes in protecting creidtor’s rights. Contact us to ensure your business is positioned for the best possible outcome in Chapter 7 cases.

Starting January 1, 2025, New York will become the first state in the coutnry to offer Paid Prenatal Leave, setting a precedent for employment legislation nationwide. This groundbreaking law grants employees 20 hours of paid leave for healthcare services related to pregnancy. These services include physical examinations, medical procedures, monitoring, testing, and discussions with healthcare providers about pregnancy.

Key Details Employers Need to Know:

• Coverage for all Private Employers: Regardless of size, all private employers in New York must comply with this law. Whether your business employs one person or 1,000, Paid Prenatal Leave is mandatory.
• Immediate Eligibility: Employees are entiltled to Paid Prenatal Leave from the moment they are hired, eliminating any waiting periods for eligibility.
• Additional to Sick Leave: Paid Prenatal Leave is in addition to New York’s existing Sick Leave Requirements. Employees are entiltled to 40 or 56 hours of Sick Leave (depending on employer size) plus an additional 20 hours specifically for prenatal care.

What This Means for Employers

This new requirement adds to the already complex framework of employment laws in New York. Employers must adjust their policies, track Paid Prenatal Leave seperately from other leave types, and ensure they remain compliant to avoied potential penalties. The law’s universal application, even for small businesses, means no employer is exempt from these changes.

Partner with WFJ to Stay Ahead

Navigating employment legislation can be challenging, especially with New York setting new precendents.. WFJ’s Compliance Center is here to help. Our team of experienced attorneys and SHRM-certified professionals can guide you in updating your policies, answering your questions, and ensuring compliance with the Paid Prenatal Leave law and other evolving regulations.

Don’t wait until you’re impacted by a new law-contact WFJ today to partner with a legal team dedicated to keeping your business compliant and protected in the face of ever-changing employment laws. 

As the calendar flips to 2025, several new laws take effect in Minnesota, impacting everything from public health to renter’s rights. Here’s an overview of the key changes Minnesotans should know:

PFAs Ban

Minnesota has taken a bold step in environmental protection by banning products that intentionally include “forever chemicals”, knows as PFAs. These chemicals, linked to serious health issues such as cancer, thyroid disease, and low birth rates, have been found globally in water, soil, wildlife, and humans. This measure aims to reduce the exposure and protect public health and the environment.

Medical Costs and Coverage

Healthcare affordability sees improvements with the following changes:

• Prescription Drug Caps: Health plans can no longer charge more than $25 for a one-month supply of chronic disease medications, including those for diabetes, asthma, and allergies. Related medical supplies, such as syringes and insulin pumps, are capped at $50 per month.
• Wig Coverage: Health plans must now cover the cost of scalp hair prostheses (wigs) for individuals experiencing hair loss due to medical conditions or treatments.

Renter’s Rights

A series of new laws strengthen protections for tenants:

• Tenant Associations: Tenants can form associations to advocate for improved housing conditions, amenities, or community life without fear of retaliation from landlords.
• Construction Delays: Landlords must provide remedies if a tenant’s move-in date changes due to new construction delays.
• Utility Shut-Off Protections: Residential utility customers are protected from having their electric or natural gas services shut off between October 1 and April 30, ensuring access during the colder months.

Automatic Criminal Record Expungement

Minnesota is giving a fresh start to an estimated 500,000 residents. Nonviolent misdemeanors and certain low-level felonies will be automatically expunged if the individual has remained crime-free for two to five years. This initiative supports rehabilitation and helps reduce barriers to employment and housing.

Crackdown on Junk Fees

To increase transparency and fairness, businesses can no longer advertise goods or services without including all mandatory fees or surcharges. This law targets hidden costs in concert tickets, hotel bookings, and restaurant bills.

Salary Transparency in Job Postings

Minnesota employers with 30 or more employees must disclose the salary range or fixed pay rate in job postings. This measure promotes pay transparency and equity for job seekers.

Candidacy Filing Requirements

Candidates for pubic office must present a valid driver’s license or state ID with their current address, or other proof of residency, when filing an affidavit of candidacy. This change ensures accuracy and accountability in the electoral process.

Binary Trigger Ban

In an effort to enhance public safety, Minnesota has banned guns with binary triggers. These devices allow firearms to discharge on both the pull and release of the trigger, significantly increasing firing rates.

These new laws reflect Minnesota’s commitment to environmental stewardship, public safety, healthcare accessibility, and social equity. As these changes take effect, residents and businesses alike should familiarize themselves with the updates to ensure compliance and take advantage of the new protections.