Marciano & Topazio prides itself in its tradition of providing quality representation to its clients for over 60 years. The experienced attorneys at Marciano & Topazio will work tirelessly to protect your right to compensation and get you the maximum award for your injury. The firm’s superior bilingual support staff is also available to assist you with all matters related to your claim.
OUR FEATURED SERVICES
Marciano & Topazio represents clients in the following areas of practice:
State Workers’ Compensation?
What is Workers’ Compensation?
Workers’ Compensation is a form of insurance that is available to employees who suffer job-related injuries or illnesses.
It is your right, as an injured employee, to file a claim for Workers’ Compensation benefits. In order to preserve this right, however, you must promptly file a Workers’ Compensation claim within the appropriate time limitation. In New Jersey, the statute of limitations to file a Workers’ Compensation claim is two years from the date of the injury.
What are Workers’ Compensation Benefits?
Your employer must pay for all authorized medical treatment that stems from your workplace injury. Your employer has the right to choose your treating physician.
If your treating doctor believes that you are unable to work because of your injury, your employer must pay you temporary benefits until you are released from treatment. You will receive a weekly check for 70% of your gross weekly wage, up to the statutory maximum. These amounts are nontaxable.
If a medical expert determines that you are still disabled, even after you have completed treatment for your workplace injury, you may be entitled to collect a nontaxable cash award for your permanent disability. If a doctor finds that you are totally permanently disabled, to the point where you are unable to return to any sort of work, you may be entitled to collect benefits for the rest of your life.
After your Workers’ Compensation case has concluded, if a doctor believes that your condition has worsened, or you need more treatment, or are again unable to work, you have the right to reopen your case within two years from the date you receive your last benefit.
Who Can Collect Workers’ Compensation Benefits in New Jersey?
All New Jersey employers are legally required to carry Workers’ Compensation insurance. For this reason, if you are injured at work, you have the right to recover Workers’ Compensation benefits for your injury, even if you are not a United States citizen.
Additionally, if you are a “dependent,” such as the spouse or child of a worker who has died as a result of a work related injury, you may be entitled to death benefits and funeral expenses for your deceased relative.
What Kinds of Injuries Are Covered?
An employee will typically file Workers’ Compensation claims after having been physically or psychologically injured in a workplace accident, or after having been gradually injured over time due to repetitive work.
Virtually all types of workplace injuries can be covered by Workers’ Compensation insurance. This includes injuries that are the result of an employee’s own carelessness. This is why it is advisable, if you are hurt at work, that you contact an attorney who is practiced in handling Workers’ Compensation claims to learn more about your rights.
Contact an Experienced New Jersey State Workers’ Compensation Attorney Today
Marciano & Topazio is a third-generation law firm that has been protecting the rights of injured workers since 1955. The attorneys at Marciano & Topazio have over thirty years of experience representing injured workers, and will work tirelessly to achieve the maximum award for your injury.
Longshore & Harbor Workers’ Compensation Act (LHWCA)
What is the Longshore & Harbor Workers’ Compensation Act?
The Longshore & Harbor Workers’ Compensation Act (“LHWCA”) is a federal law that provides benefits to maritime workers who suffer job-related injuries or illnesses while working on United States navigable waters or in the adjoining areas such as piers, docks, terminals and wharves.
If you are a maritime worker and you have been injured at work, it is your legal right to collect benefits under the Longshore & Harbor Workers’ Compensation Act. In order to preserve this right, however, you must promptly file a claim within the appropriate time limitation. The statute of limitations to file a claim for Workers’ Compensation benefits under the Longshore & Harbor Workers’ Compensation Act is one year from the date of injury or date of last payment of compensation.
What kind of Benefits Are Available to Workers Under the Longshore & Harbor Workers’ Compensation Act?
If you are injured at work, you may be able to collect the following benefit under the Longshore and Harbor Workers’s compensation Act:
Your employer must pay for all authorized medical treatment that stems from your workplace injury. Unlike claims that are covered under the New Jersey State Workers’ Compensation Act, you have the right to choose your own treating physician.
If your treating doctor believes that you are unable to work because of your injury, your employer must pay you temporary benefits until you are released from treatment. You will receive a weekly check for two-thirds of your gross weekly wage, up to the statutory maximum. These amounts are nontaxable.
If a medical expert determines that you are still disabled even after you have completed treatment for your workplace injury, you may be entitled to collect a nontaxable cash award for your permanent disability. If a doctor finds that you are totally permanently disabled, to the point where you are unable to return to any sort of work, you may be entitled to collect benefits for the rest of your life.
After your Workers’ Compensation case has concluded, if a doctor believes that your condition has worsened, or you need more treatment, or are again unable to work, you may have the right to reopen your case for additional compensation benefits.
Who is Covered Under the Longshore & Harbor Workers’ Compensation Act?
The Longshore & Harbor Workers’ Compensation Act provides coverage to employees who are involved in maritime occupations, or who are injured while working on the navigable waters of the United States or in the adjoining areas.
You are typically covered under the Longshore & Harbor Workers’ Compensation Act if you are any of the following:
- Longshore Worker
- Ship Builder
- Ship Repairer
- Dock Builder
- Harbor Construction Worker
- Commercial Diver
Additionally, if you are a “dependent,” such as the spouse or child of a maritime worker who has died as a result of a work-related injury, you may be entitled to death benefits and funeral expenses.
What Kinds of Injuries Are Covered Under the Longshore & Harbor Workers’ Compensation Act?
Maritime workers typically file Workers’ Compensation claims if they have been physically or psychologically injured in a workplace accident, or are gradually injured due to repetitive work over time. Common injuries include hearing loss, carpal tunnel syndrome and other hand injuries, asbestos related diseases and other pulmonary diseases.
Virtually all types of workplace injuries can be covered under the Longshore & Harbor Workers’ Compensation Act. This includes injuries that are the result of an employee’s own carelessness. This is why it is advisable, if you are a maritime worker who is hurt at work, that you contact an attorney practiced in handling claims under the Longshore & Harbor Workers’ Compensation Act to learn more about your rights.
Contact an Experienced Longshore & Harbor Workers’ Compensation Act Attorney Today
Marciano & Topazio is a third-generation law firm that has been protecting the rights of injured workers since 1955. The attorneys at Marciano & Topazio have over thirty years of experience representing injured maritime workers, and will work tirelessly to achieve the maximum award for your injury.
Social Security (SSI & SSDI)
What is Social Security Disability Insurance (SSDI)?
Social Security Disability Insurance (SSDI) is a government program that provides benefits to individuals whose physical or psychiatric disability has left them unable for perform a full-time job for a period of one year or longer. You do not have to wait until you are out of work for over one year to apply for SSDI. You can apply as soon as a doctor determines that your disability will keep you out of work for longer than one year.
You must meet certain requirements in order to qualify for SSDI benefits. Typically, you must have paid your FICA tax, have worked for at least ten years throughout your life, and have worked for at least five out of last ten years before the time you became disabled.
What is Supplemental Security Income (SSI)?
Supplemental Security Income (SSI) provides governmental benefits to disabled individuals who have never worked, disabled individuals who have not worked long enough to qualify for SSDI, disabled children of low income families, or to individuals who qualify for SSDI but do not receive enough SSDI benefits to meet the financial standard. SSI also applies to individuals who are not disabled, but are 65 or older and meet certain financial limts.
In order to qualify for SSI benefits, you must have a financial need. Typically, you will qualify for SSI benefits if you are 65 or older, if you are blind, or if you are disabled and have limited resources.
Contact an Experienced Social Security Attorney Today
Obtaining SSDI or SSI benefits can be a tricky process. Fortunately, this process can be made easier by retaining an attorney to help you apply for SSDI or SSI, or to help you appeal your claim if your application is denied.
Marciano & Topazio is a third-generation law firm that has been protecting the rights of disabled individuals in New Jersey since 1955. The attorneys at Marciano & Topazio have over thirty years of experience handling SSDI and SSI claims, and will work tirelessly to advocate on your behalf.
Personal Injury
What is a Personal Injury Claim in New Jersey?
Personal injury law covers a wide range of claims. Generally, a personal injury claim arises when an individual suffers a physical harm due to the negligence of another.
The following are examples of injuries that commonly give rise to personal injury claims:
- Motor Vehicle Accidents
- Pedestrian Accidents
- Slip and Falls
- Premises Liability
- Construction Accidents
- Dog Bites
- Product Liability
- Wrongful Death
- Burn and Inhalation Injuries
- Uninsured and Underinsured Motorist Claims
- Catastrophic Injuries
Filing a Personal Injury Claim in New Jersey
Filing for personal injury claims in New Jersey is time sensitive and such claims involve complex issues of law. For these reasons, if you have been injured in an accident, it is essential that you promptly contact an attorney experienced in handling personal injury claims.
Contact an Experienced Personal Injury Attorney Today
Marciano & Topazio is a third-generation law firm that has been protecting the rights of injured individuals in New Jersey since 1955. The attorneys at Marciano & Topazio have over thirty years of experience handling personal injury claims, and will work tirelessly to achieve the maximum award for your injury.
Municipal Courts
What are Municipal Courts?
Municipal Courts are courts of limited jurisdiction. This means that Municipal Courts can only hear certain types of cases regarding offenses that occur within their respective municipalities.
What Types of Matters Are Heard Before Municipal Courts?
In New Jersey, Municipal Courts hear cases regarding New Jersey motor vehicle and traffic offenses, minor criminal offenses (“disorderly persons offenses” and “petty disorderly persons offenses”) and violations of county and municipal ordinances.
The following are examples of cases that are commonly heard before Municipal Courts:
- Driving Under the Influence (DUI)
- Driving with a Suspended License
- Driving without Insurance
- Careless/Reckless Driving
- Illegal Parking
- Simple Assault/Battery
- Trespassing
- Shoplifting
- Drug Possession
- Disorderly Conduct
- Resisting Arrest
Contact an Experienced Municipal Court Attorney Today
If you have been charged with a traffic violation, minor criminal offense or any other type of Municipal Court offense, it is advisable that you contact an attorney to appear with you in court. The attorneys at Marciano & Topazio have over thirty years of experience handling Municipal Court cases, and will advocate aggressively for your rights.
Driving Under the Influence (DUI)
New Jersey has some of the toughest Driving Under the Influence (DUI) laws in the nation. If you are convicted of a DUI in New Jersey, you will likely face severe penalties, including jail time, fines and license suspension. For this reason, if you are pulled over for driving drunk or under the influence of drugs, is imperative that you contact an attorney experienced in handling DUI cases to protect your rights.
New Jersey DUI Law
In New Jersey, Drunk Driving, Driving Under the Influence (DUI), and Driving While Intoxicated (DWI) refer to the same offense. You will be charged with DUI if you are pulled over with a Blood Alcohol Concentration (BAC) level at or above the legal limit, which, in New Jersey, is .08%. You will also be charged with a DUI if you fail a field sobriety test, also known as a “psycho-physical” test.
If you are pulled over for DUI, you have no right to refuse to provide a breath sample or a blood sample, which are used for the purpose of ascertaining a BAC reading. If you refuse to provide a breath sample or a blood sample, you will be issued a refusal ticket in addition to a DUI ticket. The penalties for these tickets can run consecutively, creating steeper fines and longer jail sentences.
Penalties for DUI in New Jersey
In New Jersey, DUI is a serious offence that carries heavy penalties.
First Offense
For a blood alcohol reading of .08% to .10%, the fines and penalties for a DUI are as follows:
First Offense
For a blood alcohol reading of .10% or higher, and for driving under the influence of drugs, the fines and punishments are as follows:
Second Offense
For a blood alcohol reading of .10% or higher, and for driving under the influence of drugs, the fines and punishments are as follows:
Third and Subsequent Offenses
For a blood alcohol reading of .10% or higher, and for driving under the influence of drugs, the fines and punishments are as follows:
Contact an Experienced DUI Lawyer Today
If you have been charged with DUI or any other driving-related offense in New Jersey, it is imperative that you contact an experienced attorney to help you avoid the resulting penalties. The attorneys at Marciano & Topazio have over thirty years of experience defending individuals charged with DUI, and will fight tirelessly to protect your rights.
Email Marciano & Topazio or call
(908) 994-0161 today. Consultations are free, and attorney fees are awarded only if your case is successfully resolved.
Se habla español.
(908) 994-0161 today. Consultations are free, and attorney fees are awarded only if your case is successfully resolved.
Se habla español.
