Legal Question in Workers Comp in New York

Can Workmans Comp Judgement be dimissed if you file Bankruptcy/non-negligent sui

An accident which occured in a car detail shop, the independant contractor was hit by a customers car driven by another ind. worker (both illegal citizans at the time). Worker was hospitalized and sued. Owner forced to close shop, and the worker sued the owner, car owner insurance company and the landlord of the building. received some of the settlement and day before threes was up he came back to USA and re-opened case and also notified workers comp as well. Question- Can Owner file for bankruptcy so that the law suit and workers comp will be dismissed. Owner has no assets and at the time was going through a divorce, he has child support to pay?


Asked on 7/12/00, 8:41 pm

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Can Workmans Comp Judgement be dimissed if you file Bankruptcy/non-negligent

I received your post on 9-8-2000.

The bankruptcy will list the claim of the lawsuit. To the extent that there is available insurance, the bankruptcy stay that will be in effect until there is an Order that may lift the stay to the extent of the available insurance.

In the event of the workers' compensation claim, there must have been insurance in the first instance. That carrier will continue to pay/adjust the claim.

Any further questions, please contact me at [email protected].

Good Luck

RRG

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Answered on 9/08/00, 6:25 pm


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