Divorce and Workers' Compensation in Illinois

We are Illinois workers' compensation attorneys.   We know a bit about other areas of law, but it certainly is not our expertise.  One area of law that doesn't have much to do with work injuries, but still comes up all the time is family law.  Here are five nuts and bolts to be aware of.  All of these tips are better clarified by a law firm that focuses on family law.

1. If you get hurt while working, any settlement from that is considered a "marital asset."  In plain English that means that if you get something from the case, your ex can make a claim to half of it.

2. If you have a child support order against you, it can and will get taken directly out of your lost time checks if your ex seeks that to happen.

3. If you owe your ex some money and get a settlement, even if it is for an injury after the marriage started, they can go after that settlement or your weekly checks.

4. If you are married and die while on workers' compensation, even if you were separated or in the process of divorcing, your spouse/ex can get a settlement for how the injury affected you.

5. If you die from a work related injury your spouse gets death benefits which could be terminated if they re-marry.  Your dependent children also receive benefits until they are at least 18.

All of these tips are based on your ex asserting their rights in court.  None of this is automatic.  If you have any questions of course just ask us.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

 

What does my child support or divorce case have to do with my work injury?

If you are getting a divorce or paying child support in Illinois then your Illinois work injury claim can in a way become a part of that case. 

For divorce, a settlement for an injury during the marriage is considered a marital asset and your spouse might have an interest in half of what you get.  In other words, if you get hurt on January 15th and file for divorce that April, your spouse could be owed part of your settlement.

For child support, if you are delinquent in paying or if your ex gets a withholding order, it's possible that part of your TTD check will go directly to them.  It's also possible for them to get an order requiring that they get paid before you do if a settlement is reached.

In neither case can your ex say that a settlement isn't fair or actually take part of the case.  But once they put you and/or your attorney or the insurance company on notice of their interests, those interests have to be protected.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.