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unemployment work comp indiana

Can my workers’ compensation pay be garnished by a collector?

Your workers’ compensation pay cannot be garnished by a collector or an attorney representing the interests of another party. However, once you return to work, even if you are still receiving medical treatment from the workers’ compensation doctor, your wages can be garnished.

Also, deductions cannot be taken out of your paycheck for workers’ compensation insurance. If this happens, the employee should contact the Employment Standards Division at (317) 232-2655.

Filing Bankruptcy After a Work Accident

 

When an injured worker files bankruptcy, it is important to note than any medical bills related to treatment for the work injury which are included in the bankruptcy cannot be included thereafter in a workers’ compensation lawsuit. In other words, you will not be paid for bills you incurred while treating on your own, if indeed you no longer owe on these bills because of filing bankruptcy.

Additionally, if the injured worker wins a settlement from the workers’ compensation claim, the settlement award may be paid to the bankruptcy court instead of to the injured worker.

Therefore, it would be worthwhile for an injured worker who is involved in a workers’ compensation matter and is also contemplating a bankruptcy suit, to seek advice from an attorney.

If I received unemployment after my work injury, does that affect my claim for lost wages?

 

Possibly.

If you claim your period of unemployment as time off for the work injury, then it is possible that you may not receive temporary total disability benefits for this same period of time. In other words, worker’s compensation will not pay you more than the difference, if any, between what you were paid through unemployment and what you should have been paid through worker’s compensation.