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Question from Mario in Queens:

My mother was in the hospital in March. She is being billed for $11,000.00 and they are threatening to her and put a lien on her assets. She only collects social security. She does not have a job. She has some savings in the bank. Can the hospital take her saving and social security?

Answer:

The first thing you should do is determine if there was a third-party payor who should have been responsible for that bill, such as Medicare or Medicaide. If that is the case, you should follow-up to determine why it was not paid. If it turns out that your mother is responsible for the payment of the debt, the hospital can go to court and obtain a judgment against your mother. Once they have a judgement, they can enforce the judgment by attaching assets such as your mother’s bank account.

As for the social security benefits, according to the Social Security Administration: "Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions:
- Section 459 of the Act (45 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations;
- Section 6334 (c) of the Internal Revenue Code (26 U.S.C. 6334 (c)) allows benefits to be garnished to collect unpaid Federal taxes;
- Section 3402 (P) of the Internal Revenue Code allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year;
- The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency: and
- The Tax Payer Relief Act of 1997 (Public Law 105-34) authorizes the Internal Revenue Service to collect overdue federal tax debts of beneficiaries by levying up to 15 percent of each monthly payment until the debt is paid.

Question from Tasha in Brooklyn:

I work for ABC Corp.(the real name has been omitted). I am a lab technician and was injured on the job when I was splashed in my face by a chemical in a specimen container. My skin started to peel. I had to see a dermatologist. Can I sue my job?

Answer:

In New York, the Workers Compensation Law provides for the award of benefits to employees who suffer accidental injury "arising out of and in the course of employment" or for "occupational disease" as defined by the statute. These awards are made regardless of fault for the injury or disease. Additionally, the statute provides for disability benefits to cover wage loss caused by temporary injury or disease unrelated to employment. Workers Compensation benefits, except in certain circumstances, is the employee's sole remedy against his or her employer - in other words, an employee may not sue his or her employer for on the job injuries. However, if the injury is the result of the fault of a third-party, the employee can commence an action against that party. For example, if a worker is injured on the job because he or she tripped on a broken step and those premises are owned and maintained by someone other than the employer, the employee can commence an action against that property owner.

I was in a hospital to have my appendix taken out a few months ago. When I was being moved from one bed to another bed, the orderly dropped me and I broke my leg. Can I sue for malpractice?

Answer:

This is not a malpractice action, but it is a negligence action. Malpractice occurs when a medical caregiver acts outside of normal medical practices when administering treatment. The orderly’s inability to safely transport you from one bed to another is a question of negligence. The hospital owes you a duty of reasonable care and to provide you with the proper services to provide that care. You can bring an action against the hospital for its vicarious liability as employer and possibly for negligent hiring.

Question: Doris from Queens
My brother was driving a car out of my driveway when a car coming down the street hit his car. My brother has a suspended licence. Can he sue even though his license is suspended?

Answer:

Issues of negligence are just that, issues of negligence. Whether or not your brother had a license at the time of the incident does not affect the issue of whether the other driver committed negligence in the operation their vehicle. However, the issue of his suspended license and the reason(s) for the suspension may come into play during the case for other reasons

My father died last month. My sisters don’t talk to me and I think they stole his stuff. They didn’t give nothing to me and I think he had money and other things. How do I find out about it and get my share?

Answer:

When a person dies their assets can be distributed in one of two ways. Generally, if the decedent left a properly executed Last Will and Testament (Will) then the assets will distributed in accordance with the terms of that Will. If there was no Will, then the decedent is said to have died ‘intestate.’ In that case, the assets of the decedent will be distributed in accordance with the laws of the State of New York. You may be entitled to a portion of your father’s estate. You should meet with an attorney and discuss filing a petition with the Surrogate Court.

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