Legal Question in Workers Comp in Kansas

Re: assigning workmans comp

Great Question !!

Your lawyer is referring to a specific Kansas statute which prohibits the assignment of workers' compensation claims or benefits. The only exception is for support orders. The statutory language, in part, is as follows:

44-514. Payments not assignable; exception, orders for support. (a) Except as provided in subsection (b), K.S.A 23-4,146 or the income withholding act and amendments thereto, no claim for compensation, or compensation agreed upon, awarded, adjudged, or paid, shall be assignable or subject to levy, execution, attachment, garnishment, or any other remedy or procedure for the recovery or collection of a debt, and this exemption cannot be waived.

Most advance lending businesses require the claimant's lawyer to sign paperwork recognizing the agreement. We never do this, so the loans are not completed. It appears that your lawyer has your best interests in mind.