New York Worker's Compensation - Help For Injured New York Workers

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  1. #1
    Join Date
    Jun 2009
    Posts
    10

    Default Workers Comp Settlement and a Judgement Against Me

    if i have a judgement against me from when i was 17 from a fist fight, and am now thinking about settling my comp case will the judgement carrier take my comp settlement? i was paying 10% of my gross income for 4 years before i was injured at work, now its time to settle my claim and i was wondering if they will give it to the judgement? the judgement is rediculous at $300,000 or more now, it gained a ton of interest since 2001...please any help is greatly appreciated

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Workers Comp Settlement and a Judgement Against Me

    generally the only liens allowed outside of those for benefits are for child support.

  3. #3
    Join Date
    Jun 2009
    Posts
    10

    Default Re: Workers Comp Settlement and a Judgement Against Me

    so if it is a judgement for a fist fight from 9 years ago then they can't take my lump sum settlement from worker's comp if i choose to take it?

    how do i find out for sure? i really can't afford to take a settlement then just have it all taken from me...also should the judgement show up on my credit report? i had my credit checked 7 months ago and it wasn't on there and my vaca. check from my employer always has the garnishment taken out ever since they started garnishing but this last vaca check last month they didn't garnish my wages...???
    i really don't wanna go ask any courts or the people with the judgement against me any questions that might stir up my judgement or make them get into it...

  4. #4
    Join Date
    May 2009
    Location
    Eastern US
    Posts
    65

    Default Re: Workers Comp Settlement and a Judgement Against Me

    If you have a lwayer that would be the best one to ask. From what i can find other than child support or money you owe the government (SSI OR something) are the only things that can touch your settlement.
    Knowledge in the hands of an IW can be powerful.

  5. #5
    Join Date
    Jun 2009
    Posts
    10

    Default Re: Workers Comp Settlement and a Judgement Against Me

    i have asked my lawyer and she seems to think it will come up when the judge asks if there are any liens or judgements, she wasn't really sure about it. but she was gonna ask the judge and i think that might open up a can of worms that may never even came up...also anyone know where i can find out info on my judgement? i haven't received one thing from them since it started. i would have thought they would send me a updated balance and print out of it atleast once a year?? anyone know? also shouldn't this judgement for a civil suit be on my credit report? it's not on my report

  6. #6
    Join Date
    May 2009
    Location
    Eastern US
    Posts
    65

    Default Re: Workers Comp Settlement and a Judgement Against Me

    I can't find anything your lawyer may be right. Sheesh ya think a questions like that would have come up before. And yes her asking the judge could be opening up a can of worms but she has to disclose anything that he may ask about when it comes to judgements and stuff or she is facing charges so asking her to hide it is not going to help.

    You should have gotten something from the IC that states how much you recieved, in NY it is called a C-8 It has a summary of benefits on it from the IC. If not request one as it hsould list the dates, type of disability( ttd, or pted) the number of weeks, the weekly rate and the amount.
    Knowledge in the hands of an IW can be powerful.

  7. #7
    Join Date
    Jun 2009
    Posts
    10

    Default Re: Workers Comp Settlement and a Judgement Against Me

    Quote Quoting Hurt and Feeling Old View Post
    I can't find anything your lawyer may be right. Sheesh ya think a questions like that would have come up before. And yes her asking the judge could be opening up a can of worms but she has to disclose anything that he may ask about when it comes to judgements and stuff or she is facing charges so asking her to hide it is not going to help.

    You should have gotten something from the IC that states how much you recieved, in NY it is called a C-8 It has a summary of benefits on it from the IC. If not request one as it hsould list the dates, type of disability( ttd, or pted) the number of weeks, the weekly rate and the amount.
    no i was asking that last question about my judgement against me, i haven't received anything about it since 2001 when it started. how do i get info on my judgement? should they have sent me something atleast once a year saying what i still owe and a summary of the interest it made?

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