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  1. #1
    Join Date
    Apr 2008
    Posts
    3

    Default Uninsured Business Selling During Workers Comp Case - Protecting My Claim

    My question involves workers compensation law for the state of: Oklahoma


    I currently have a workman's comp case with a business that DID NOT have workman's Comp.I recently found out the owner is selling the business and it will be finalized in a few days.

    I am working with an attorney and let them know , and they told me it doesn't matter they will still be responsible for all the medical, wages while I was off and compensation on the final disability I may have from the injury.

    I understand that, but my concern is, if shes selling the business before we settle and there is not a lien placed on the sale from the courts, to protect me before she uses the funds from the sale. How will I be protected then.

    I am thinking it will then become a law suit against them personally. The other thing that concerns me is, rumour has it that she is also in the process of getting on social security disability for health reasons.

    I think this brings up another issue ,if it becomes a personal suit against her to get this claim paid off and she is on SS disability by the time we settle and the funds from the sale of the store are already gone then how will I be protected with no lien on the sale of the business?

    Correct me if I'm wrong, but I thought your SS Disability is untouchable by garnishments and law suits. So I would be left up the creek without a paddle in the end.

    I just wanted to hear others opinions if my attorney should not be thinking along those lines as well?

    Thank You
    Littlebit

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Uninsured Business Selling During Workers Comp Case - Protecting My Claim

    Talk to your lawyer about how this particular indebtedness of the business is treated in the context of a sale, and whether it remains a liability of the business even after the sale.

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