I have a student loan garnishment and have recently been injured on the job. I have returned with light duty status and am still under the care of a physician.
While being paid through the workman’s comp insurance, shouldnt that garnishment be stopped until I am cleared to work fully and my wages resume being paid by my employer?
Section 31-320 of the Connecticut Worker's Compensation Act says that all sums paid under worker's compensation are exempt from attachment or execution, so correct, the garnishment should not apply to your comp benefits.
I agree with Attorney Sciglimpaglia that in general your workers comp benefits should be exempt from a wage garnishment, although there might be some argument if the garnishment was issued under federal law as opposed to state law. You are correct that once you start to receive wages from your employer, the garnishment will resume.
This answer is for general information only and is not intended as legal advice, nor does it create an attorney-client relationship. For legal advice specific to your case you should schedule an appointment with an attorney.
I agree with both prior counsel, however, you must move for modification of the wage garnishment in Superior Court.
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