By: Joanna L. Daneman, AAMS®

As an investor, you can get plenty of advice from financial experts on the evening news or cable financial shows. But you may actually be able to learn some deeper truths about investing by observing other professionals — such as winemakers.

At first glance, you might not see what these “guardians of the grape” can teach you about building an investment portfolio. After all, they’re shaping Sangiovese while you’re seeking stocks, they’re bottling Burgundy while you’re buying bonds, and they’re mastering Malbec while you’re monitoring mutual funds. Where’s the connection?

Start by considering the life cycle of wine and the concept of “vintage.” For example, a particular wine is labeled a 2005 vintage if it is made from grapes that were predominantly grown and harvested in 2005. Yet given the requirements of wine production, this 2005 vintage may not actually hit the markets until 2008 — and some aficionados may think the wine won’t taste its best until 2018.

If you translated this type of scenario to the financial world, you could say that the 2008 investment “vintage” was not promising, given that the value of almost all investments — even the quality ones — fell last year. But if you were to hold these quality investments for the long term — as you should, because investing is a long-term activity — you might find that the 2008 vintage investments may eventually become productive vehicles that can help you achieve your financial goals.

So, what lessons can you learn from winemakers? Here are a few suggestions:

• Be patient. Winemakers put a lot of time, effort and money into planting today’s grapes — for which they will not see one penny of profit for many years. Yet they have the discipline to wait patiently until the products of their labors come to fruition. Are all their wines successful? No — and all your investments may not be, either. But given enough time, quality investments can usually help you work toward your financial goals.
• Have faith in your strategy. Wine drinkers’ tastes can change from year to year. Yet winemakers don’t rip out their vineyards and replant them with today’s “hot” varietal. Instead, they cultivate the grapes they’ve planted, make the best wine they can and maintain their belief that their products will find a market. As an investor, you can’t allow yourself to be swayed by today’s hot tips and trends. Instead, build a portfolio of quality investments that can stand the test of time.
• Adapt your goals to your situation. One of the most famous winemaking regions in the world, Napa Valley, contains a number of microclimates that vary by temperature, rainfall and soil. Napa Valley winemakers know which grapes will do best in which microclimate, and they concentrate their efforts accordingly. And you, as an individual investor, should make your investment decisions based on your own “microclimate” — your risk tolerance, family situation, time horizon and other factors. In other words, you should choose those investments that are best suited for you and that have the best chance to help you meet your goals.

Investing, like  winemaking, is filled with challenges. But by observing how winemakers work, you may learn some things that can eventually help you raise a glass to your own success.

By: Mary Laskaris, Realtor

Have you heard the latest buzz?
According to the American Homeowners Association, due to decreasing property values in many areas, it is 60% more likely that your property taxes are too high.

There are several steps homeowners should take to investigate whether or not their property taxes can be lowered:

• First, get your detailed property tax assessment record online or from your assessor’s office. Check the accuracy of the details of your home used in the tax assessment.
• Check with a real estate agent to get a solid understanding of what homes are currently selling for in your community. Professional agents will have the most up to-date statistics on local market values.
• If errors have made your assessment higher than it should be, first try working directly with the assessor. If the correction cannot be made informally, you will need to make a formal appeal. Keep in mind there is usually a narrow window of opportunity in which to file an appeal. Some jurisdictions set specific times every year to hear appeals, while others only consider appeals for a few months after your house has been reassessed.

Be certain to maintain fastidious records during the entire process. Proper documentation can be critical in supporting your case.

You may also be eligible for property tax exemptions ranging from a senior citizen or active duty military discount, to discounts for those who own livestock, depending on your municipality.

Mary Laskaris can be reached at (302)383.9644.
Prudential Fox and Roach is an independently owned and operated member of Prudential Real Estate Affiliates, Inc., a Prudential Financial company. Equal Housing Opportunity.

Mary Laskaris has been a knowledgeable resource for Real Estate matters in Delaware and Pennsylvania for over 30 years. She has negotiated over $300 million in sales during her impressive career. Mary has been continuously recognized as a Member of the President’s Circle and recipient of the Leading Edge Society award for Prudential Fox and Roach Realtors and is ranked in the top 5% of Real Estate agents in the United States. Her personal approach and high level of service is what Mary’s clients say makes her a great choice when choosing a realtor.

Mary Laskaris, Realtor 302.383.9644
Diane Penna, Realtor 302.598.9088
Corby Spruance, Realtor 302.530.1898
Kristi Prosceno, Team Manager 302.426.6187

Testimonials:

“Mary has been so patient and understanding of my needs.  She is truly a pleasure to work with.” ~ Chris C.

“Not only was Mary sensitive to the emotional aspects of the situation she was knowledgeable and professional in all aspects of the technical end.”~ Michael L.

“Thank you Mary for the much needed guidance and support, you are the best.” ~ Melania S.

“Mary was so helpful…this was our first house and we felt at ease the entire time.”  ~ Peter B. & Amanda R.

FEATURED PROPERTIES

3 Gale Lane, Fairthorne (right)

Price recently reduced for this Greenville twin boasting a first floor master bedroom suite with two full bathrooms! Open Kitchen and family room, 2 fireplaces! Now just $495,000

409 Eastman Road, Northwood (left)

New listing in North Wilmington. Charming 3bd/2.1ba ranch with fabulous family room addition and finished basement! Gorgeous kitchen with granite countertops and hardwood floors. $247,900
SOLD

23 Shadow Lane, Fair Hill (right)

Great value in the Chadds Ford School District! This gracious estate on 3 acres has a wonderful flow with formal living room and dining room, warm family room, handsome study, and large sunroom too! $699,000
2401 Pennsylvania Avenue, The Devon City living at its finest in this condominium building in a premier location!! Offering a multitude of units and price ranges, there is something for everyone! Call for more information and your personal tour. the money!

By: Kevin Phillipson,
Branch Manager
Home Savings of America

When a marriage ends in divorce, the lives of those involved are changed forever. During this time of upheaval, one thing that shouldn’t have to change is the credit status you’ve worked so hard to achieve.

Unfortunately, for many, the experience is the exact opposite. Unfulfilled promises to pay bills, the maxing out of credit cards, and a total breakdown in communication frequently lead to the annihilation of at least one spouse’s credit. Depending upon how finances are structured, it can sometimes have a negative impact on both parties.

The good news is it doesn’t have to be this way. By taking a proactive approach and creating a specific plan to maintain one’s credit status, anyone can ensure that “starting over” doesn’t have to mean rebuilding credit.

The first step for anyone going through a divorce is to obtain copies of your credit report from the 3 major agencies: Equifax, Experian®, and TransUnion®. It’s impossible to formulate a plan without having a complete understanding of the situation. (Once a year, you may obtain a free credit report by visiting www.AnnualCreditReport.com.)

Once you’ve gathered the facts, you can begin to address what’s most important. Create a spreadsheet, and list all of the accounts that are currently open. For each entry, fill in columns with the following information: creditor name, contact number, the account number, type of account (e.g. credit card, car loan, etc.), account status (e.g. current, past due), account balance, minimum monthly payment amount, and who is vested in the account (joint/individual/authorized signer).

Now that you have this information at your fingertips, it’s time to make a plan.

There are two types of credit accounts, and each is handled differently during a divorce. The first type is a secured account, meaning it’s attached to an asset. The most common secured accounts are car loans and home mortgages. The second type is an unsecured account. These accounts are typically credit cards and charge cards, and they have no assets attached.

When it comes to a secured account, your best option is to sell the asset. This way the loan is paid off and your name is no longer attached. The next best option is to refinance the loan. In other words, one spouse buys out the other. This only works, however, if the purchasing spouse can qualify for a loan by themselves and can assume payments on their own. Your last option is to keep your name on the loan. This is the most risky option because if you’re not the one making the payment, your credit is truly vulnerable. If you decide to keep your name on the loan, make sure your name is also kept on the title. The worst case scenario is being stuck paying for something that you do not legally own.

In the case of a mortgage, enlisting the aid of a qualified mortgage professional is extremely important. This individual will review your existing home loan along with the equity you’ve built up and help you to determine the best course of action.

When it comes to unsecured accounts, you will need to act quickly.  It’s important to know which spouse (if not both) is vested. If you are merely a signer on the account, have your name removed immediately. If you are the vested party and your spouse is a signer, have their name removed. Any joint accounts (both parties vested) that do not carry a balance should be closed immediately.

If there are jointly vested accounts which carry a balance, your best option is to have them frozen. This will ensure that no future charges can be made to the accounts. When an account is frozen, however, it is frozen for both parties.  If you do not have any credit cards in your name, it is recommended you obtain one before freezing all of your jointly vested accounts. By having a card in your own name, you now have the option of transferring any joint balances into your account, guaranteeing they’ll get paid.

Ensuring payment on a debt which carries your name is paramount when it comes to preserving credit. Keep in mind that one 30-day late payment can drop your credit score as much as 75 points. It is also important to know that a divorce decree does not override any agreement you have with a creditor. So, regardless of which spouse is ordered to pay by the judge, not doing so will affect the credit score of both parties. The message here is to not only eliminate all joint accounts, but to do it quickly.

Divorce is difficult for everyone involved. By taking these steps, you can ensure that your credit remains intact. For a comprehensive analysis and written action plan to guide your through this difficult time, www.myMortgageReady.com is a program that works extremely well.

By: Shawn A. Myers
Financial Analyst
Integrity Advisors

Usually when we hear the word “investment”, we immediately think about Wall Street, 401K plans and other things that relate to investing in stocks, bonds and most recently, gold.

However, we should also understand that an investment can be described as something we own or something we do that generates a return.  Let’s look at three different types of investments…

Business Investments
Many businesses just starting out will need to borrow money to get started and handle expenses during the first couple of years.  The concept of leverage will come into play, which can be defined as a business that uses debt to gain a better return on their cash investment.  Let’s say for example that you have two choices; you can spend your life savings of $100,000 on starting a new business or you can spend half of it and borrow the remaining $50,000 from a lender.  To know whether or not this is a good decision you will need to determine what your estimated Return on Cash Investment (also known as ROI) will be.  We can take a few moments to follow the math to see how this works:

Calculation is: Company Profit ÷ Business Owner’s Cash Investment = Return on Cash Investment

Leverage can only work if the rate of interest rate paid on borrowed money (for example, 8%) is lower than the return on the owner’s cash investment (20%).  A good reason for using leverage would be to avoid taking cash out of a retirement account or the equity in the business owner’s home.

Investing in Yourself
Also known as self-investment planning, I personally think that this is the most overlooked investment of all!  The time and effort you spend working every day is an investment.  Excluding weekends, there are 269 work days during the calendar year.  If you earn $25,000 per year, you are getting $92.93 for every 8 hours of the day that you invest in the work that you do ($25,000 ÷ 269 days = $92.93).  So now the question is, how can I maximize the return on my investment?  One way is to outgrow your job by developing skills that go beyond the confines of your job description.  Examples would include training new employees, volunteering for special projects or developing your computer skills.  If you decide to go back to school for more training, make sure to pursue a career path that is currently in demand.  In many cases a compromise will be required between what you enjoy doing and what kind of jobs are available now and in the future.  The US Bureau of Labor and Statistics website provides this information under the section called Employment Projections.

Let’s say that this time and effort you invested results in a promotion 18 months later and your salary goes from $25,000/year to $35,000/year.  You would increase your income by $37.18 per day.  Remember we said that you were making $92.93 for every 8 hour day worked; now you are making $130.11 ($35,000 per year divided by 269 days = $130.11)

Home Ownership as an Investment
Just as with business ownership, owning a home also uses the concept of leverage.  Consider this example:

As you once again take a few minutes to follow the math, you will see that this can be a useful tool to use when deciding on where to purchase a home, especially with the economy being so volatile.

Finding other ways of investing can help ease the stress of depending too much on retirement plan performance or the state of the economy.

About Integrity Advisors: Shawn Myers is the president of Integrity Advisors, a training and consulting company whose purpose is to help small businesses achieve and maintain a strong sense of financial stability, strategic direction and long term success.

Shawn Myers has several years of experience in the Information Technology field where he developed skills in the areas of job costing and financial analysis.  In 2009 Shawn started his own consulting practice called Integrity Advisors and has created and implemented training classes for the Federal Highway Administration, the Christina School District and the Delaware Economic Development Office.  Shawn also provides accounting and financial management consulting services for small business owners.

Shawn has a Graduate School Certificate in Financial Management and is a Microsoft®  Certified Specialist in Excel®.  He is currently pursuing a Master of Science in Management degree from the University of Maryland University College.

98 Blue Ridge Circle
Newark, DE 19702
302-419-8175
www.integrityadvisors.info
Call today to schedule a free
consultation by calling 302-419-
8175 or sending an E-mail to
smyers@integrityadvisors.info.

Areas of Specialization:

• Business plan assistance
• Dashboard reports
• Comparative analysis reports
• Microsoft® Excel® training
• Inventory management reports
• Accounts receivable aging reports
• Break-even analysis
• Cash flow forecasts
• Monthly budget analysis
• Goal attainment reports
• Balance sheets & income statements
• Capital budgeting

By: Heather A. Long, Esq.

In Delaware, an injured worker is entitled to 7 basic benefits under Workers’ Compensation laws: medical expenses, disability payments for lost wages in the form of temporary total, temporary partial or permanent total disability, mileage reimbursement, scarring and disfigurement benefits, and permanent impairment benefits.

Often, when an injured worker makes a claim for Workers’ Compensation benefits, they will be receiving funds from several of those sources listed above.

Most of the above sources are “pay as you go” types of benefits, where the injured worker gets paid as the benefits are earned.  Mileage reimbursement is a great example of this.  For this benefit, the injured worker gets paid 40 cents for every mile traveled to and from their doctor appointments. Typically, the worker keeps a log of their mileage and then submits that to be paid every month or so.  This way, they get paid for the mileage as the benefits are accrued.

Other “pay as you go” benefits are medical expenses and the temporary disability payments for lost wages.  Other benefits, such as the scarring and disfigurement and permanent impairment benefits are paid out in a one time lump sum.  Those benefits don’t become earned until some significant time has passed after the injury, and the injured worker has reached “maximum medical improvement.”  In other words, the injury is as good as it is going to get.

There may come a time during the course of the work injury claim that either the injured worker or the employer wants to settle either all or part of a claim now, instead of when the benefits become due.  This is called a Commutation of Benefits.  A commutation of all of an injured worker’s benefits is likewise called a “Full Commutation,” while a commutation of less than all of the benefits is called a “Partial Commutation.”

Commutations can be risky, especially when they are meant to settle either the medical expense benefits or the disability benefits for lost wages because the injured worker is essentially giving up their right to future payments of medical bills and wages for a lump sum amount.  The lump sums are often attractive and enticing in that they offer a larger amount of money up front, rather than collecting the funds at a set rate every two weeks over a longer period of time.

Any offer to commute the medical expense or disability/ wage part of an injured worker’s claim should be thoroughly reviewed so that the risk to the injured worker is minimized.  At the very least, a consultation with a lawyer that specializes in Workers’ Compensation law should take place so that a proper risk analysis can be made.  As a general rule, however, I never recommend commutation of medical expenses to anyone who does not have steady and reliable health insurance.  This way, if any unforeseen conditions related to the work injury develop later on down the road, there is not as much fear that the injured worker will be unable to receive the medical treatment that they need.  Likewise, I never recommend commutation of disability or wage benefits unless my client and I have a good idea of how long their injury is expected to keep them out of work, and whether or not they have a job to which they can return.

Once a decision has been made to commute either the medical expenses or the disability/wage benefits, combining that with a commutation for the scarring and disfigurement or the permanent impairment benefits can increase the injured worker’s lump sum payments, without increasing the risk to the injured worker by very much.  That is because the scarring and disfigurement and the permanent impairment benefits are almost always lump sum payments anyway, so the values of these claims usually remains at a set amount.  The one thing that has to be done prior to commuting the permanent impairment benefits, however, is the injured worker has a proper evaluation done by their doctor, and the doctor must tell them what their percentage of impairment is to the injured part of their body.  Then, that percentage can be plugged into a calculation and a good estimate can be made of the settlement value for this lump sum benefit payment.  Injured workers should never settle their permanent impairment without this evaluation by their own doctor- not their employer’s doctor.

Commutations of Workers’ Compensation benefits can be tricky to settle, and a consultation with a lawyer who specializes in this area will go a long way in helping you figure out whether your risk of settling your claim now is worth the reward of the lump sum payment.  All of the lawyers in my firm, including myself, offer free consultations for work injuries.  If you are presented with an offer to commute or settle any part of your work injury claim, the best thing you can do is have the offer evaluated by an attorney who fights for the rights of injured workers.  The consultations are free, and the insight into your claim could be invaluable to your future health and benefits.

Heather has been an attorney for over five years, and is currently practicing workers’ compensation and personal injury law at Kimmel, Carter, Roman & Peltz, P.A. with offices in Newark and Wilmington.  Heather worked her way through law school as a paralegal in a personal injury firm.  After passing the bar exam, she spent several years working as a defense attorney, representing local, regional and national companies.  With the knowledge gained of the inner-workings of these companies, she now represents injured workers and personal injury plaintiffs.

Heather is a graduate of Widener University School of Law, and the University of Nebraska-Lincoln.  Prior to attending law school, she was licensed as a paramedic and spent time volunteering for her local ambulance corps.  She is also active as a coach and judge for the Delaware High School Mock Trial Competition.

Heather is licensed to practice law in: Delaware, Pennsylvania, New Jersey, and the U.S. Virgin Islands.

For more information, or to schedule a free consultation, please call
(302) 565-6100 or e-mail her directly at HLong@kcrlaw.com.

Testimonials:

“I really appreciate all the time and effort you spent on my case.  I will refer all my friends and family to you.” ~ D.M.

“You got my case settled at the perfect time!.” ~ G.M.

By: Joanna L. Daneman, AAMS

Are you a member of the “Sandwich Generation”?

This designation — which applies to people caring for their aging parents while supporting their own children — may be applicable to you if you’re either a younger Baby Boomer, born in the late 1950s or early 1960s, or an older member of “Generation X,” born in the mid-1960s. But any way you slice it, being in the “Sandwich” group is probably going to present you with some challenges, particularly of the financial kind — so you’ll need to make the right moves.

Basically, you should consider two areas of decision-making —
those affecting the future of you and your children
and those affecting your elderly parents’ lifestyle and legacy.

Regarding your future, and that of your children, you’ll need to prioritize your goals. Some people, when weighing the merits of investing for retirement versus saving for their children’s college educations, conclude that while loans are available for college, none are offered to retirees. Consequently, they focus more heavily on retirement. If you’re in this camp, you’ll probably want to contribute as much as you can possibly afford to your IRA and 401(k) or other employer-sponsored retirement plan.

However, if you feel strongly about helping your kids go through college relatively debt-free, you may want to explore some college-savings options, such as Section 529 plans and Coverdell Education Savings Accounts, both of which offer significant tax advantages.

In any case, these goals don’t have to be mutually exclusive —
but if you’re going to address them both,
you will have to make some key decisions regarding allocation of resources.

And while you’re handling these issues for yourself and your children, you’ll need to juggle the needs of your elderly parents. With luck, you won’t have to contribute financially, but you may be required to put in some time and energy to help make sure your parents’ situation remains positive.

This means you’ll need to ask some questions. Where do your parents bank? Do they have a brokerage account? If so, do you know the name of their financial advisor? Have they taken steps to remain financially independent if they ever need to go to a nursing home or employ home health care assistants? Have they drawn up a will, a living trust or other estate plan documents? Would they be willing to have you or another family member assume power of attorney should they become incapacitated?

In raising these questions,
you will have to approach your parents with tact and sensitivity.
However, you may be pleasantly surprised at your parents’ willingness
to talk about these issues;
after all, they almost surely want to avoid burdening you
with extra financial responsibilities.

The best time to approach your parents is when they are healthy, both mentally and physically. It’s especially important to be aware of even minor-seeming cognitive impairments, such as memory lapses, which can result in paying the same bills two or three times, forgetting to record checks or even falling prey to fraudulent investment schemes. If you suspect your parents may be having these troubles, you’ll need to step in immediately.

It’s not easy being a Sandwich Generation member, but through diligence and proper planning, you should be able to help avoid getting “squished” — while improving the outcomes for all your beloved family members.

By: Heather A. Long, Esq.

1. Time Limitations for
Filing a Work Injury Claim

Many women, myself included, are notorious for putting themselves on the back burner while we take care of our families and loved ones. Especially now, as the school year begins we find our spare time getting shorter and our “to do” lists getting longer. Normally our chaotic work and home schedules would have no impact on our legal rights.  However, if you are injured at work you need to be proactive and protect your legal rights early on, in order to get the care you need and the money
you deserve.

Under the Delaware Workers’ Compensation laws
you only have a certain amount of time in which to file a claim.

This is called the “Statute of Limitations,” and here in Delaware, that time limit is two years. In order to get your claim filed, a “First Report of Injury” form needs to be filled out and sent to the Industrial Accident Board (IAB).  Normally your employer will fill this out and get it filed at the IAB, but if they will not or cannot, you or your attorney can file this. Either way, I recommend having an attorney review this form to make sure that your injury and rate of pay are properly documented. Most Workers’ Compensation attorneys will do this for you at no charge during your initial consultation.

After your claim has been filed, it must be accepted by both the IAB and your employer. This means that everyone must be in agreement as to the injuries you sustained, the way in which you sustained them and your average weekly wage at the time you were injured. If there is a disagreement between you and your employer as to any of these things, a hearing must be conducted by the folks at the IAB. They will hear from both you and your employer, and will make a decision regarding those things that you can’t come to an agreement on.

Once all parties have “accepted” the work injury claim, a new stopwatch begins to tick, and you are now protected by a new Statute of Limitations.  This new Statute of Limitations runs for five years.  At the end of the five-year period, you are able to renew your benefits for an additional five years as long as your employer pays for at least one medical bill related to your initial work injury. Each time your employer pays a medical bill related to your work injury, a new five-year period begins. So, theoretically speaking, you can continue to be protected by Workers’ Compensation benefits for the rest of your life as long as payments are made on your behalf that relate to your work injury at least once every five years.

2. Who is eligible to receive Workers’ Compensation Benefits?

One of my clients Mary Jones* (names and accident descriptions have been changed) came to see me and said that she was injured when she slipped and fell in the kitchen of a restaurant where she was working.  Her boss told her that she was not able to apply for Workers’ Compensation benefits because she was only part time and had not worked enough hours for the year to qualify.  She believed her boss, and began using her health insurance for her treatment.

To make a long story short, the health insurance company paid the medical bills but then realized that the Workers’ Compensation insurance should have paid the bills because they were the result of a work injury. The health insurer then tried to collect money from Mary. Luckily, her Statute of Limitations on her Workers’ Compensation claim had not expired and we were able to get her Workers Compensation carrier to pay the medical bills.

The general rule is that whenever you are hurt on the job,
you are entitled to Workers’ Compensation benefits.

It does not matter how many hours per week you work, how long you have been working, how much money you make, or even if it was your own carelessness that caused the injury. Everyone, regardless of fault, who is classified as an “employee” (as opposed to an independent contractor) in the State of Delaware is protected by Workers’ Compensation benefits if they are injured on the job. Additionally, every injured worker is bound by the same Statute of Limitations described above.

If you or your loved one is injured on the job, make the most of the benefits to which you are entitled and make sure that your claim is submitted and renewed within the appropriate Statute of Limitations. Taking the time early on to make your health and recovery from your injury a top priority will enable you to enjoy a healthy life well into
the future.

Heather has been an attorney for over five years, and is currently practicing workers’ compensation and personal injury law at Kimmel, Carter, Roman & Peltz, P.A. with offices in Newark and Wilmington. Heather worked her way through law school as a paralegal in a personal injury firm. After passing the bar exam, she spent several years working as a defense attorney, representing local, regional and national companies. With the knowledge gained of the inner-workings of these companies, she now represents injured workers and personal injury plaintiffs.
Heather is a graduate of Widener University School of Law, and the University of Nebraska- Lincoln. Prior to attending law school, she was licensed as a paramedic and spent time volunteering for her local ambulance corps. She is also active as a coach and judge for the Delaware High School Mock Trial Competition.

Heather is licensed to practice law in Delaware, Pennsylvania, New Jersey, and the U.S. Virgin Islands. For more information, or to schedule a free consultation, please call
(302) 565-6100 or e-mail her directly at HLong@kcrlaw.com.

Testimonials:
“I really appreciate all the time and effort you spent on my case. I will refer all my friends and family
to you.”     ~ D.M.

“You got my case settled at the perfect time!.”     ~ G.M.

By: Heather A. Long, Esq.

“Knowledge is power”

is an old adage that becomes especially significant if you are involved in a workplace injury. All too often, injured employees attempt to navigate the murky waters of their work injury claim on their own, without the critical knowledge necessary to protect their rights. It goes without saying that your health is the most important thing to protect.  Employees who are injured on the job and don’t understand the rights that they are entitled to can feel pressured to return to work before it is safe. This increases the risk that they will either become re-injured or will not heal properly from the initial injury.

The most important thing to do if you become injured
on the job is to get the necessary medical attention that you need.

If you are not in an emergency situation, notify your employer about your injury. Make sure that your injury is documented and that a “First Report of Injury” is filed with the Industrial Accident Board, the administrative agency that oversees work related injury claims. The Statute of Limitations for filing a workers’ compensation claim here in Delaware is two years. Therefore, as a general rule, the First Report of Injury form must be filed within two years from the date of your injury. Otherwise you will lose your rights under the Workers’ Compensation Act FOREVER. Of course, I recommend asking your employer to file this form immediately following your injury while the facts surrounding the accident are fresh in your mind.
This will prevent any dispute about what your injuries are, and how you were injured down the road.

What are injured workers entitled to under
the Delaware Workers’ Compensation Act?

1.    Disability Benefits
Knowing and protecting your rights if you or a loved one is injured on the job just makes good, old-fashioned financial sense. Most of your rights under the workers’ compensation laws in Delaware are based on your average weekly wage (AWW for short) earned during the 6 month period prior to your injury. If you have only been at your job a short time, don’t worry- your rights will still be based on your average earnings for whatever time you have been on the job.
Of all the rights available to an injured worker, the one that clients are most concerned about is the disability benefit to compensate for their lost wages.  Depending on how severe you or your loved one was injured, your doctor may restrict your work hours, restrict your work duties, or take you out of work completely for a certain amount of time. If that is the case, then you may be entitled to disability benefits.

2.    Medical Benefits
If you are injured in the course and scope of your employment, you are entitled to medical benefits for the rest of your life as long as the medical treatment is reasonable, necessary and related to the work injury. In order to receive this benefit, your “First Report of Injury” form must have been filed within two years from the date you were injured. Worker’s compensation must pay one additional bill every 5 years in order to keep this benefit active.
All medical treatment is evaluated and can be challenged by your employer. The most common challenge occurs through a “Defense” or “Independent” medical examination. This is a process whereby a doctor hired by your employer evaluates you to determine whether you should receive continued medical treatment. If this happens to you, you should seek the assistance of an attorney so that your medical benefits can be protected, and you can continue to receive the care that you need.

3.    Mileage
You are entitled to mileage reimbursement of forty cents (.40) per mile, roundtrip for your doctors appointments. I suggest keeping a notebook in your glove box so you can write down the dates of your appointments and your mileage both to and from
these visits.

4.    Scarring/ Disfigurement
If you were unfortunate enough to have suffered a scar or other physical disfigurement as a result of your work injury, you are generally entitled to compensation. Any scar and/or disfigurement that is visible when properly clothed can be awarded a monetary settlement. The amount of the settlement is determined by the location, size and visibility of the scar.

5.    Permanent Partial Impairment
If your doctor says that the injury which you received in the course and scope of your employment is permanent, you may be entitled to a lump sum payment. This lump sum payment is not meant to compensate you for pain and suffering, rather, it represents compensation for the permanent impairment to your body as the result of your work injury. The amount of this recovery is based on a complex formula which takes into account the part of your body that was injured, your percentage of impairment and your workers’ compensation rate based on your average weekly wage.

As every work-related accident is unique,
all of the rights listed above will not necessarily apply to every case.

If you are injured at work, the best thing you can do is become informed about your rights under the Delaware Workers’ Compensation Act. In order to make sure that you receive all of the benefits you deserve in your time of need, I highly recommend that you obtain an attorney to guide you and protect you through the rough waters you are sure to encounter on your journey through the workers’ compensation system. Most workers’ compensation attorneys, including myself, offer free consultations with no attorney’s fee to be paid until your case is settled. This gives you the peace of mind you need in order to focus on the most important thing- your health.

Heather has been an attorney for over five years, and is currently practicing workers’ compensation and personal injury law at Kimmel, Carter, Roman & Peltz, P.A. with offices in Newark and Wilmington. Heather worked her way through law school as a paralegal in a personal injury firm.  After passing the bar exam, she spent several years working as a defense attorney, representing local, regional and national companies. With the knowledge gained of the inner-workings of these companies, she now represents injured workers and personal injury plaintiffs.

Heather is a graduate of Widener University School of Law, and the University of Nebraska- Lincoln. Prior to attending law school, she was licensed as a paramedic and spent time volunteering for her local ambulance corps. She is also active as a coach and judge for the Delaware High School Mock Trial Competition.

Heather is licensed to practice law in Delaware, Pennsylvania, New Jersey, and the U.S. Virgin Islands. For more information, or to schedule a free consultation, please call
(302) 565-6100 or e mail her directly at HLong@kcrlaw.com.

Testimonials:
“You are the best. I really appreciate all the work you did for me.”     ~ Brian B.

“Wow. Thank you so much. Don’t they know I have the best lawyer in Delaware? You don’t have Esquire after your name just cause it sounds good.”     ~ Mickey T.

“You did an excellent job at the hearing. You were so prepared, and knew my case inside and out.”     ~ Hazel H.

“We were so impressed with you at the hearing. You knew my medical history better than I did!”     ~ Michele and Brad N.

By: Susan D’Alonzo Ament

With the start of the fall semester, it is estimated that over 24 million students nationwide will be riding the school bus, making it the country’s largest source of mass transit. While school buses provide a convenient and much needed service for families all over the U.S., there are some important rules and regulations that must be followed by children, parents and other motorists to ensure a safe trip both to and from school.

An overwhelming majority of fatal accidents involving school buses result in deaths outside of the bus, such as pedestrians or other drivers.   This highlights the fact that students need to be careful and attentive both in and around the school bus.

School Bus Safety for Students

Although it might not be apparent, the bus stop is a place where kids need to pay attention to their surroundings. This can be difficult, especially if they are at a location with a group of their friends, an environment where distraction is inevitable. However, there are some very easy, yet important, precautions students should take while waiting at the bus stop.

When heading to the stop, make sure your child walks on the sidewalk. If there is no sidewalk available, walk on the left side of the road, facing traffic.  To avoid having to run, make sure you send them out the door with enough time to get to the bus stop with at least five minutes to spare.

You should also remind your student that, once arriving at the bus stop, he or she should wait in a safe area that is not in or near the road itself. Kids should be sure not to run around too much and to be aware of their surroundings, as streets are usually busy with people driving to work in the morning.

When the bus arrives, kids need to wait for it to come to a complete stop and watch for the flashing red lights and extended stop sign. They should only cross the street when traffic is clear, and remember to look both ways before crossing.

Once on the bus, children should pick a seat and sit down immediately, remaining relatively quiet so that the driver can concentrate on the road. Making noise or engaging in rowdy behavior should be avoided at all costs, as well as throwing things out of the bus windows. You would be amazed at how often this happens, putting both the bus passengers and other motorists in real danger.

At the end of the school day, it’s a good idea to instruct your children to walk at least five steps away from the bus immediately after they get off. This will help ensure that there are no accidents when the bus begins to drive away. Once they have arrived at their stop, students should go directly home so that their parents or guardians know where they are.

Driving Near a School Bus

There are a number of rules and regulations that motorists need to be aware of when driving with school buses on the road. The most important is that you should always stop whenever a bus is loading or unloading passengers. Usually, the bus will have flashing red lights and a stop sign extending from the driver’s side. A good rule of thumb is to treat this sign just like any other stop sign.

Passing a school bus that has its lights flashing is extremely dangerous for the passengers who are entering or exiting the bus. Not only that, but the fines that result from such a violation can be steep, as many localities have heightened the severity of this crime due to the dangers it presents.

Teenage Drivers

While millions of students will be riding the bus to school, many others will be hitting the road as new and inexperienced drivers. Studies by the Centers for Disease Control have found that motor vehicle related injuries are the largest health risk to teenagers nationwide. In fact, the risks for crashes for 16 to 19-year-olds are higher than for any other group on the road.

To help avoid serious accidents, parents need to take the time to teach their teens how to properly drive. Although driver education classes lay down a sound foundation, it is up to parents and guardians to practice, encourage and teach safe driving habits. The more experience a teenager has behind the wheel, the less likely he or she is to get into an accident.

The Morris James Personal Injury Attorneys have over 90 combined years of experience representing victims injured in motor vehicle accidents. We have unfortunately found that many accidents occur throughout the school year and involve school buses or minor pedestrians.

Susan D’Alonzo Ament is a partner with Morris James LLP and has practiced for 25 years representing personal injury victims. Over the years, Mrs. Ament has found that some women don’t understand the crucial need to have adequate automobile insurance coverage in the event of a serious accident. Susan Ament educates women on these needs every day in her practice and in seminars that she presents throughout the year.

If you or a loved one is injured in a motor vehicle, bus or pedestrian accident you may consult with the experienced Morris James Personal Injury Group Attorneys at:

Presented By:
Susan D. Ament, Esq.

I have been practicing personal injury law for 28 years. I represent clients
injured in automobile accidents and/or injured at work in Delaware.
Many years ago I realized that it seemed the amount of Spanish speaking
attorneys was minimal in comparison to our
English speaking attorneys in Delaware.

While I took Spanish in school, I am not what you consider fluent in Spanish. So, I hired a Spanish interpreter, Angel Colon in 1999, and a Spanish speaking Receptionist, Estrelita Serrano, in 2001. I have found when I meet with Spanish victims who are seriously injured in automobile accidents or employees seriously injured on their job, that they sincerely appreciate a number of courtesies our three Morris James LLP personal injury offices (Wilmington, Dover, and Newark, De) extend to them. First, when they call into the office, they speak to the receptionist in Spanish. If they call our office number on weekends or after hours they are directed to Angel Colon’s greeting in Spanish and his direct dial number. When they come in the office to meet with an attorney to discuss their case, Mr. Colon sits in on the interview and interprets. If their personal injury case or work compensation case is accepted, all forms and agreements they are asked to sign are written in Spanish, so they can clearly understand what they are signing. If their case proceeds to a hearing or trial, there is a Spanish interpreter sitting next to the client throughout the trial interpreting everything and thus enabling the client to understand what every witness has said. I feel this entire process is very important.

I often wonder and ask my clients, when the police officer interviewed you at the hospital
or the scene of the accident, was he/she Spanish speaking, or was there an interpreter present?
When you were injured on your job, was there Spanish speaking staff
to record the injury at work, or to interview you?

At the hospital when you explained your injuries to the staff, were they Spanish speaking, or did they call in an interpreter? Did an insurance company representative try to interview you or come to your home, and did that person speak Spanish or have an interpreter? When you went to your doctor or physical therapy, did those medical providers speak Spanish or have an interpreter present?
If you have answered “no” to any of the questions listed above, how much vital information regarding a Spanish speaking client’s case may be missed or misunderstood, which could effect the outcome of their case?

My mother always preached the golden rule; treat others as you would want to be treated. If my primary language was Spanish, I would want to be able to speak in Spanish at my attorney’s office, sign forms in Spanish, and have hearings translated for me. Spanish speaking clients deserve the respect of understanding the entire litigation process when they are victims of an automobile accident due to another driver’s negligent or reckless conduct, or when injured on their job.  ~ Susan D. Ament, Esquire

He estado practicando la ley de lesiones personales por 28 años.

Yo represento a clientes lesionados en accidentes de automóvil y / o lesionados en el trabajo en Delaware. Hace muchos años me di cuenta de que parecía que la cantidad de abogados de habla española fue mínima en comparación con nuestros abogados de habla Inglés en Delaware. Mientras yo tomaba español en la escuela, yo no soy lo que usted considera domina el español. Así que contrató a un intérprete de español, Angel Colón en el 1999, y una recepcionista de habla español, Estrelita Serrano, en el 2001. He encontrado cuando me reúna con las víctimas en el español que están gravemente lesionados en accidentes automovilísticos, o empleados lesionados graves en su trabajo, que agradecemos sinceramente un número de tres oficinas de lesiones personales de Morris James LLP (Wilmington, Dover, y Newark, DE) poner a su disposición. En primer lugar, cuando llaman a la oficina, le hablan a la recepcionista en español. Si llamar a nuestro número de la oficina los fines de semana o después del horario que se dirigen a Angel Colón saludo en español y su número directo. Cuando entran en la oficina para reunirse con un abogado para discutir su caso con el Sr. Colón se encuentra presente en la entrevista e interpreta. Si su caso de lesiones personales o le caso de compensación de trabajo es aceptada, todas las formas y los acuerdos que se les pide que firmen, están escritas en español, por lo que puede comprender claramente lo que están firmando. Si su caso procede a una audiencia o juicio, hay un intérprete de español de la próxima sesión para el cliente durante todo el juicio la interpretación de todo y permitiendo así al cliente para entender lo que cada testigo ha dicho. Siento todo este proceso es
muy importante.

A menudo me pregunto y pregunto a mis clientes,
cuando la policía lo entrevistó en el hospital o la escena del accidente, él / ella habla español,
o hubo un intérprete? Cuando usted se lesionó en su trabajo,
fueron a su personal de habla española para grabar la lesión en el trabajo, o para la entrevista?

En el hospital cuando explicó sus lesiones al personal, que se habla español, o lo que ellos llaman en un intérprete?
¿Un representante de la compañía de seguros tratará de una entrevista o ir a su casa, y que esa persona hable español o tener un intérprete? Cuando fue a su médico o terapia física. hicieron los proveedores de servicios médicos hablan español o de un intérprete? Si la respuesta a cualquiera de los anteriores es negativa, ¿cuánto vital con respecto a la información de un cliente que hablan español “El caso de s pueden pasar por alto o ignora, que pueda influir en el resultado de su caso?

Mi madre siempre predicó la regla de oro, tratar a los demás como te gustaría ser tratado. Si mi primer idioma fue el español, me gustaría ser capaz de hablar en español en la oficina de mi abogado, firmar los formularios en español, y las audiencias se han traducido para mí. Clientes que hablan español merecen el respeto de entender el proceso de litigación todo, cuando son víctimas de un accidente automovilístico debido a la conducta negligente o imprudente de otro conductor, o cuando se lesiona en su trabajo.     ~ Susan D. Ament, Abogada

Se Habla Español 302-651-3589