Workers Comp Claim and Divorce – Important Items to Consider

Jun 23, 2020 | WC & Other Laws

Workers Comp Claim and Divorce – Important Items to Consider – It’s bad enough to get injured! But what happens if you get divorced while having a work-related injury?

Workers Comp Claim and Divorce – Too many of our clients get divorced while they’ve been injured on the job

Years ago, I had a client who was injured on the job and due to restrictions, she had to stay home. She called me, and she said, “My marriage is going down the toilet because I’m home all the time with my husband, and I can really only stand him just a little bit. But now I’m stuck with him all day. We’re on each other’s nerves, and it’s awful!” Unfortunately, it is shockingly common for injured workers to get divorced because of the stress that has been added to their lives. After an injury, It’s hard enough that you have to deal with the pain. You don’t want to have to deal with your former spouse trying to take your settlement money on top of your recovery. So what are the next steps you can take?

The division of assets depends on your state’s rules about property

The first thing you need to understand is that this is all very state-dependent because state rules govern both workers’ compensation and divorce. Some states follow a simple rule: if it’s not property, then it will not be divided. However, if it is property, then this leads to another question, is it a marital property or a separate property?

When it comes to workers’ compensation, Colorado takes an analytic approach. There are certain benefits in workers comp, which would be considered marital property. For example, lost wage benefits during the marriage are considered a marital asset, and they can be divided, but you can get disfigurement benefits. And what exactly is disfigurement? Disfigurement Benefit is a purely individual benefit because it compensates you for a personal injury. It’s for your body individually for something you have lost. Future wage loss, permanent partial disability, and permanent total disability are separate property. To be clear, these are not marital assets, especially if it’s for wage loss in the future. However, they can be used to determine spousal support and child support.

You’re in pain and dealing with divorce. It’s a tough situation, but you don’t have to go through this alone.

The truth is that the process ahead can be confusing and complicated. If you are injured, you’re getting benefits, and unfortunately, your spouse or your soon-to-be former spouse is saying, “I’m going to take it. My divorce attorney says that you’re going to lose it all, and I’m going to get it all,” and so on. That does not have to be true if you have good help on your side. We understand that you’re in pain, we know you’re scared, and we know you’re worried. We can help you.

Related Topic: What Happens If You Die At Work?

Workers Comp Claim and Divorce – Kaplan Morrell Attorneys at Law is here to support you.

We can get you set up with the best work-related injury attorneys who know how to handle workers’ compensation benefits in divorce settings.

We’re here to help.

Have you or a loved one suffered a workplace injury in Colorado? At Kaplan Morrell, we’re here to support you. Our expert team is just a call or text away at 970-356-9898. You can also easily reach out to a member of our Workers’ Compensation Claim team through our chat feature right here.

Rest assured, every consultation with us is not only free but also held in the strictest confidence. Let Kaplan Morrell guide you toward the peace of mind and benefits you deserve.

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