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After getting injured on the job, you can apply to receive workers’ compensation benefits from your employer. If you’re paying child support, you could notice an impact. The impact of child support in a workers’ comp claim includes withholding benefits to pay your child support. Those funds could go directly toward fulfilling your child support obligations. Therefore, you would receive fewer financial benefits.
If you’re concerned about the impacts of child support in your workers’ compensation claim, an attorney can help. They can provide guidance, help you fill out the application, and ensure you don’t miss any timelines regarding your claim.
The Impacts of Child Support On Your Workers’ Comp Claim
Child support could greatly impact how much you receive in workers’ compensation benefits. If you make monthly payments to the custodial parent, those payments could go directly to child support services and be deducted from the amount of money you receive.
As a result, you would never see the money you owe in child support while you receive workers’ compensation benefits. The system would take care of paying the custodial parent to ensure they continue receiving child support payments while you receive workers’ compensation benefits.
Deductions in Workers’ Comp Benefits For Unpaid Child Support
If you have unpaid child support bills, those funds could get deducted from your workers’ compensation benefits. Your benefits would go directly to child support services, putting less money in your pocket. Depending on your state, some or all of your workers’ compensation benefits could go toward unpaid child support.
A workers’ compensation attorney can help you pay a percentage of what you owe instead of paying the full amount of your unpaid child support bill. As a result, you could still recover the compensation you need to pay your bills while slowly paying down your unpaid child support debts.
Do I Pay Less Child Support Since Workers’ Comp Pays Me Less Than I Was Making While Working?
If you cannot work because of an injury you sustained in the workplace, you still have to pay the same amount of child support in your original order. Just because you can’t currently perform your job duties doesn’t mean your duty to pay child support lessens.
However, if you will receive workers’ compensation benefits for the foreseeable future, you could apply for a child support modification. To apply for a modification, your circumstances must meet the following:
- A significant change in circumstances: If you cannot return to work for a long time and make significantly less in workers’ compensation benefits, the courts could consider this a significant change. You would have to provide documentation (for example, paystubs) proving your significant change in circumstances for the courts to grant a child support modification.
- Something you didn’t anticipate: When you and the other party agreed to the original child support order, you likely didn’t anticipate a workplace injury, and consequently, a loss in income. If you had an unexpected loss in income, you could qualify to modify your child support agreement.
Generally, you can only modify child support if you believe your new circumstances are permanent. A workers’ compensation attorney can help you determine how long you could receive benefits.
Workers’ Compensation Benefits You Could Receive After Sustaining an Injury on the Job
Workers’ compensation provides benefits if an injury or illness arises because of your work. Each state has its own laws defining the benefits you could receive. For example, in California, if you sustain an injury on the job, you could receive compensation for:
- Medical bills: This could include the costs of emergency room care, ambulance transportation, diagnostic tests, surgeries, or hospitalizations.
- Lost earnings: This provides some of the income you lost because your injuries prevented you from working. You could also include work benefits (such as healthcare benefits) in your claim if you lost those while you had to miss work.
A workers’ compensation attorney can guide you through this process and help you get the necessary benefits. It’s especially helpful to hire an attorney if you worry about the impact of child support with your workers’ comp claim.
A Workers’ Comp Attorney Can Explain the Impact of Child Support On Your Workers’ Comp Claim
If you need more information on the impact of child support on your workers’ comp claim, an attorney can help. They can provide solid counsel on your specific case. As a result, you could confidently file your workers’ compensation application, armed with the knowledge of what you could recover.
A workers’ compensation attorney can help in the following ways:
- Filling out the claim
- Ensuring you meet timelines to submit your application
- Identifying how child support will impact your claim
- Negotiating a fair agreement
By hiring a workers’ compensation attorney, you can rest assured they can handle the confusing aspects of your case. They can keep you consistently informed of your case’s status and developments so you’re never left in the dark.
The KJT Law Group Attorneys Can Assess the Impact of Child Support in Your Workers’ Comp Claim
It’s natural to wonder what impact child support could have on your workers’ compensation claim if you sustained an injury at work. The attorneys at KJT Law Group have handled many cases regarding workers’ compensation and know the legal barriers that could emerge. Our legal team can support you throughout your case and navigate any legal issues that arise.
Contact us online or call (818) 507-8525 for a free case review. During this review, you can speak to a member of our legal team. They can break down your legal options and answer your questions about the impact of child support on your specific workers’ compensation claim. After the consultation, you’ll be fully equipped with the necessary information to move forward with your case.
