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Summary: Workman's comp benefits are generally immune from debt collectors, but it depends on the state laws. Collect debt from an individual in a county court, as opposed to going after workman's comp, with insight from a lawyer in this free video on workers' comp.
Robert Todd is the managing partner and president of Robert M. Todd, P.A. and Family Law Solutions. He is a certified family mediator and Florida Supreme Court-certified civil...read more
"You have a debt that is owed you by an individual that has a workers compensation claim and since it's an open worker's compensation claim, you want to know how can you collect that. Hello, I'm Robert Todd and I'm here to answer the question, "How to win a collection debt in workers comp"? Well first of all, you must remember that in all fifty states the workers compensation law is unique to that particular state. So you want to check the law in your particular state to see what the workers compensation law provides for. But generally speaking, collection debts are not collectible in the workers compensation proceeding itself. Now that may vary from state to state, but in most states, workers compensation benefits are immune from collection from debtors. So, perhaps the best course of action is to pursue your debt against that individual in the county or circuit in the state which you are located; get a judgment and then proceed against the individual to collect that judgment. I'm Robert Todd and thank you for watching."
eHow Article: How to Win a Collector's Debt Suit in Workman's Comp