If my injury was sustained prior to marriage is my wife entitled to the W. Comp settlement?

Asked over 1 year ago - Marrero, LA

The accident occurred 1 year prior to the wedding, we are now separated after 2 yrs of marriage, with no reconciliation in sight.
I anticipate a settlement soon.
Louisiana

Attorney answers (4)

  1. Stephanie Moss Quigley

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . Louisiana generally does not have legal separation. Usually though, it depends what part is attributable to lost income. Income is a community asset. If it caused you to lose income that you would have earned during the marriage, then you may have a potential community property issue.

  2. Steven Parnell Weaver

    Contributor Level 13

    3

    Lawyers agree

    Answered . Are you legally separated or just physically separated? When the time comes for divorce, I think it is an issue to discuss with your attorney. Arguably it is your separate property because the triggering event happened prior to the marriage but a divorce attorney should know if a wc award is considered separate property regardless. If the time of the receipt of the income matters, then if you are legally separated you are protected. Contact a divorce attorney.

  3. John M Connell

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Since this is primarily a family law question and not a workers compensation question you need to change the category to family law so that you can get some answers from attys in your state that do that type of work.

  4. David J. McCormick

    Contributor Level 20

    2

    Lawyers agree

    Answered . You need to talk with your divorce attorney about this because some benefits (disability) may be excluded from a divorce settlement.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more

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