I got injured on the job Jan 2012. At the time of the accident I was separated from my husband of 12 years. June 2012 I filed a Work Comp injury case due to the injury. Once he found out I had a work comp case pending, he then served me with divorce papers in July 2012 and states he is entitled to 50% of my work comp winnings. We were separated prior to the accident and no time since the accident have we lived together. Is it true that he is entitled to 50% of the winnings?
Personal Injury Lawyer
typically work comp awards are not to be considered as community property - thus your ex husband would not have a right to those benefits - you probably should consult with a divorce attorney
we will not take any action on this case until we have a signed retainer agreement
Workers' Compensation Lawyer
You will need to ask a family law/divorce attorney there in your state. You may want to post this in the divorce section of AVVO.
This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.