Can my ex get my settlement money?

Can my ex get my settlement money?

Can my ex get my settlement money?

The question that I’ve heard from time to time is “can my ex-spouse get my personal injury settlement or workers’ compensation checks for child support?”

The answer is case specific, and if you’ve been injured in an accident at work or were in a motor vehicle accident, I recommend contacting me to discuss the details.  However, generally speaking, no, an ex-spouse is not automatically entitled to a personal injury settlement or an injured employee’s workers’ compensation checks.

However, if child support is owed by a noncustodial parent, also referred to as arrears, the North Carolina Department of Health and Human Services may create a child support lien against the insurance settlement.  The lien is not available in all cases and is not automatic.  For a more thorough discussion on North Carolina’s laws regarding child support and personal injury settlements, check out the following link here.

It is important to identify whether child support is an issue in workers’ compensation cases or personal injury cases.  Injured workers and victims that are under a child support order should be aware that they may be able to petition the court to modify the order since they may be missing work due to the accident, and therefore not making as much.  An application to modify a child support order in North Carolina is available here.   Accident victims should realize that the modification is likely effective the date of the motion, and not the date of the accident.  In other words, if you owe child support or under a child support order and were injured at work or elsewhere, you may want to contact an attorney, sooner than later in order to discuss your options.

Can I sue my coworker and my employer?

Can I sue my coworker and my employer?

 

Can I sue my coworker and my employer?

“Can I sue my worker and my employer?” If you were injured at work because of a coworker, you may be able to sue your coworker and employer.  Please feel free to give me a call to discuss because you may have a claim.

Typically, injuries on the job are exclusively governed by the North Carolina Workers Compensation Act.  To initiate a claim, an employee notifies their employer of the injury by accident, and in accepted cases, benefits are provided under the Act.  Generally speaking, an employee is unable to file suit, or sue, directly against their coworker.

For instance, a coworker and an employee are on a construction site.  They are carrying some lumber across the job site.  The coworker loses his grip and ends up dropping his end of the boards.  The employee jars his back when the boards bang on the ground.  The employee is able to file a claim under the Worker’s Compensation Act, but cannot sue his coworker.

To learn more about how Brian Elston Law can help you with Workers Compensation, click here »

So, can I sue my coworker and my employer?

There is an exception.  If an employee is injured due to the willfully, recklessly wantonly negligent, or intentional act of a coworker, an employee can sue their employer and coworker.

For instance, the facts in Pleasant v. Johnson are instructive.  In Johnson, an employee was on a construction site.  A coworker was driving the company’s work truck.  The coworker thought it would be funny to scare the plaintiff, so he drove the truck to see how close he could get to employee without striking him.  The coworker misjudged the distance and ended up hitting employee.  The employee was able to file a claim under the Workers’ Compensation Act and file a claim directly against the coworker because of his actions.  In other words, an employee can sue their employer and the coworker.

Please feel free to call to schedule an appointment if you were injured at work.

Brian Elston Law is devoted to helping the injured and their families. We are personal injury lawyers in Asheville, North Carolina. To learn more, call now or check out more information:

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