Legal Question in Workers Comp in California
work comp
can my wife(soon to be ex) lay claim to my wrk comp. settlement, or any part of it?
Asked on 7/23/07, 2:47 pm
2 Answers from Attorneys
George Shers
Law Offices of Georges H. Shers
Re: work comp
The W.C. benefits are considered the same as bodily, personal injury recoveries, but an exception is made for child support payments so a lien can be placed against the permnanent disability. I am not sure about alimony; if I have a chance I will look that up, but you can find a clear statement in the labor Code under the topic of liens that will tell you what is allowed.
Answered on 8/08/07, 4:12 pm
Ronald Mahurin
Law Offices of Ronald Glenn Mahurin
Re: work comp
NO. However, if the WC payments are considered income, for example TTD, the divorce courts may allow an offset against other earnings. You should probably speak with your divorce attorney our advocate regarding this issue.
Answered on 8/09/07, 2:56 pm
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