On Behalf of Simon & Gilman, LLP | Jun 29, 2018 | Firm News
If someone in your home receives government benefits such as Supplemental Security Income (SSI) because they’re either physically or mentally impaired, then it’s likely that you’ve heard a special needs trust. While government programs like Medicaid are intended to cover an individual’s basic needs, they don’t cover “creature comforts” that we’ll all come to enjoy having access to.
It’s important that the beneficiary of a special needs trust not use their benefits to pay for certain expenses as doing so can affect their eligibility to receive government benefits. For example, a beneficiary should make sure to not to request a regularly distributed amount to pay for their housing or food.
If they do, then it’s possible that the costs associated with those expenses will be taken as the beneficiary’s income. If this occurs, these benefits may be significantly reduced.
Aside from housing or food, it’s important that a special needs trustee be careful before making additional types of distributions from the trust earmarked for certain expenses. Regular disbursements made to cover the costs of utilities, property taxes, rent or homeowner’s fees may count as income. So, too, may any frequent distributions of cash as well.
A trustee who regularly distributes trust funds to cover these expenses may put the beneficiary at risk for losing as much as one-third of the SSI benefits he or she receives.
One of the roles of the trustee is to look out for the best interests of the beneficiary when making distributions from the fund. In some cases, he or she may find that the benefits that the recipient enjoys from receiving regular payouts from the trust are far better for them than the small amount of SSI benefits they lose.
How certain types of costs disbursed through a special needs trust can impact a person’s eligibility for government benefits can be complex to understand. It’s possible that a Queens estate planning attorney may advise you of other types of trusts or asset preservation options that may be even more appropriate for your unique situation.
On Behalf of Simon & Gilman, LLP | Jun 22, 2018 | Firm News
Whether you enter a big box retailer, toy store or grocery store, it’s likely that you’ll see signs with pictures of products that have been recalled right near the entrance. You may even hear about the recall on the nightly news.
Some product designers or manufacturers who constantly test their products may come across defects on their own. When they do, they often will voluntarily issue a recall. As for those companies that don’t regularly test their items, consumers who purchase their products often suffer injuries before a recall is ever made.
According to the national nonprofit Kids in Danger (KID), children’s products are recalled as often as twice a week. This equates to as many as 100 products each year.
Manufacturers who make toys and other items for children aren’t required to publicize recalls though paid media. This is perhaps why many simply issue a press release announcing a recall. This approach reaches very few consumers.
In fact, KID’s research shows that manufacturers who recall their products only recover between 10 and 30 percent of them. This means that most of us likely have a recalled product in our home.
How to find out if a product you own has been recalled
From clothes to toys and everything in between., virtually anything can pose a safety hazard and be recalled. To find out if something you own has been taken off the market, you may want to consult the Consumer Product Safety Commission (CPSC) or Safer Products government websites. There, you can browse or search for products you may have in your home.
What to do if something you own has been recalled
If you determine that a product that you have at home has been removed from the market because it poses a safety risk, then you should immediately discontinue using it. You don’t want to take chances of getting hurt.
Once a product is recalled, you should be able to return the product to the retailer you purchased it from and receive a replacement or refund.
Oftentimes, a product will have caused injuries to more than just a single person before it is ultimately pulled off the market. For situations that involve serious injuries, a Queens personal injury attorney may advise their client of their right to recover medical costs and other damages in their case.
On Behalf of Simon & Gilman, LLP | Jun 17, 2018 | Firm News
On Wednesday, June 6, countless bicyclists lined the bike lane nearby the intersection of 39th Street and 43rd Avenue in the Sunnyside. They did so in hopes of reminding Queens Community Board members of the importance of protecting bicyclists. The location the advocates selected to quietly protest from happens to the same stretch of roadway where a local resident was mowed down by a driver while on his bike last year.
The bicycle safety advocacy group Transportation Alternatives was responsible for organizing the many area residents that showed up to form that evening’s “human-protected bike lane” nearby 3809 43rd Avenue. They decided to stand along the edge of the roadway to highlight just how potentially dangerous it is for bikers and vehicles to share lanes.
They hoped that their proximity to motorists would send a message to city leaders of the importance of agreeing to install more protected bike lanes along Skillman and 43rd avenues. These are the roads that many cyclists follow to to get Queens Boulevard before taking the Ed Koch Queensboro Bridge.
The location where the protest occurred is in the same area where a ghost bike stands memorializing the death of a Queens man in April of last year. As he made his way home from work on the day he died, he was struck and killed by an intoxicated motorist.
Protesters in Manhattan, Dublin and San Francisco have attempted to do similar protests before with some success.
In this case, at a heated meeting of the Community Board on June 8, they ended up voting against the proposed bike lane. Of the 35 board members, only eight voted for it.
Bicycle safety advocates note that they aren’t deterred by the board’s rejection of the bike lanes proposal. A spokesperson for the group points out that, even without them being on board, it’s possible that the Department of Transportation (DOT) may move forward with installing it. They’ve done that in other parts of the city before.
If you’ve suffered serious injuries after having been struck by a motorist while out riding your bike, then a Queens attorney can advise you of your right to sue the negligent driver for damages.
Source: AM New York, “Cyclists line 43rd Avenue bike lane in Queens, demand safety upgrade,” Lauren Cook, June 06, 2018
On Behalf of Simon & Gilman, LLP | Jun 15, 2018 | Firm News
Falling from a height puts a person at risk of multiple injuries. Some common injuries caused by falls include broken bones and traumatic brain injuries (TBI). From lacerations to bruising, the risks associated with a long fall can be extensive.
The important thing to keep in mind is that employers should take time to address the risk of falls in the workplace. Falls are devastating to employees and put employers at risks of fines and other penalties.
What can you do to avoid falls in the workplace?
The first thing that you should make a priority is checking your equipment before you begin a job. For instance, if you’ll be on scaffolding, ensure that it is locked into place and secured. Check for rust or weakness in the beams.
The next thing you should do is check your fall prevention equipment. Whether you wear a belt or type of strap, it should not be damaged. You don’t want to use any kind of strapping with tears or signs of wear because it may not support your weight if you fall. Also check any carabiners that you use for weight limitations and make sure you use only those that will support your body weight when factoring in the impact force of a fall.
What can you do if you feel unsafe on the job?
The first thing to do is to talk to your employer about your concerns. Perhaps he or she doesn’t realize that a carabiner is bent or worn, or maybe the employer doesn’t realize that other equipment is damaged. By speaking up about your concerns, you have a better chance of having them addressed quickly.
If your employer will not enforce changes to make the workplace compliant with both state and federal regulations, you usually have the right to refuse to work. However, it is your employer’s right to move you into a position that avoids the hazard.
Workers have a right to work in a safe environment. If you are hurt on the job, you have a right to seek workers’ compensation benefits or to sue directly if you are an independent contractor. You shouldn’t have to worry about your safety on the job. Employers need to take the lives of their employees seriously and prepare them for the job with proper equipment and training for the work they’ll do.
On Behalf of Simon & Gilman, LLP | Jun 7, 2018 | Firm News
When many people think about drafting a will, they often think that the process involves simply taking their assets that they intend for their loved ones to inherit and writing them down alongside the names of the individuals that they want them to go to.
It’s only when they head to an estate planning attorney’s office that many clients find out that they have to appoint an executor to administer their estate. Once they learn this, it’s oftentimes not the easiest decision to decide who to appoint to this role. Instead, it’s one that must be carefully made, especially given the multitude of responsibilities that this person has to take on once the person writing the will, the testator, passes on.
One of the first responsibilities that the executor must carry out after the testator’s death is to initiate the probate process. State law requires this to be started so that the will can be validated.
After doing that, the responsibility falls on the shoulders of the executor to inventory everything belonging to the estate.
An executor must then take those assets and pay any outstanding funeral costs, debts and taxes on the testator’s behalf. After making payments on these bills, the executor is obligated to make contact with the post office, banks, utility companies, the Social Security Administration (SSA) and credit card companies to notify them of the testator’s death.
The final obligation of the executor is to make sure that all of the remaining assets are transferred over to the different people they’re intended to go to according to the will.
Since executors have many responsibilities, it’s important that you find someone that is first and foremost honest to handle this role. The person you select doesn’t necessarily have to be someone who is related to you, but instead someone you trust to get the job done.
It is helpful for that person that you select is both younger than you and in good health. This will give him or her a higher likelihood of being around when called to action.
Certain third party individuals such as attorneys, banks and trust fund companies are eligible under state law to serve as executors of estates as well.
If you are preparing to draft a will, then a Queens attorney can guide you though the process of selecting an executor for it.
Source: The Huffington Post, “How to choose the right executor for your will,” Jim T. Miller, accessed June 07, 2018
On Behalf of Simon & Gilman, LLP | Jun 4, 2018 | Firm News
If you go into the grocery store, bank or public places nowadays, you’ll often see an armed guard working either inside or outside of the establishment. If you’re wondering why there’s been an uptick in the number of businesses using security in recent years, it has a lot to do with companies’ fears of being sued.
Written into virtually every jurisdiction’s laws is a property owner’s obligation to do what’s reasonable to keep its employees, tenants and customers away from potential harm.
Under this premise, schools, job sites, hospitals, apartment complexes and virtually any other business must do what’s necessary to keep those who frequent these locales safe.
If you get injured because security as a place you frequent was too lax, then you may be able to sue to recover medical costs, lost wages and other related expenses because of it.
Oftentimes, when negligent security cases are waged, a victim will accuse an owner of not having been properly informed of the crime risk in and around their property. They may also accuse a defendant of either not having had enough security or inadequately trained security to handle potential breaches.
Lawsuits accusing a company of having negligent security often cite their failure to perform background checks as well. Others are filed because the property’s owners knew a threat of workplace violence was made, but did nothing to ensure that the situation didn’t escalate.
A plaintiff may also accuse a business owner of not having implemented or followed established security plans. You may even argue that the business lacked enough security measures to protect those in or around it.
Companies can even be held liable for having negligent security if they fail to provide adequate lighting in parking lots, garages and around entrances. If owners neglect to properly maintain their facilities, including changing locks, trimming hedges and replacing broken windows, then they can also be held liable for injuries a visitor or employee suffers.
The same logic applies if they fail to maintain panic alarms and surveillance cameras in and around their buildings also.
There are various breaches in security that can be blamed on a business owner’s negligence. If you’ve been injured or have a loved one that has been killed due to negligent security, then a Queens attorney can advise you of your right to file a lawsuit in your own case.
Source: Silva Consultants, “Are you guilty of negligent security?,” accessed June 01, 2018
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