Can Workers’ Comp Be Garnished?

For income to be garnished there would need be a reasonable circumstance such as if a debtor falls behind in payments, the creditor would collect a portion of what’s owed to them through the debtor’s employer directly from their paycheck. However, when it comes to workers’ compensation, can benefits be garnished as well?

The answer is yes! Depending on the debtor’s financial situation, the type of garnishment can vary. For example, consumer debt from credit cards and automobiles, 25% of a debtors wage can be garnished. Depending on factors, a debtor can have up to 50-65% of their wages garnished for child support and federal income tax debt. These are not the only sources of income that can be garnished. If you have any work bonuses, work commission income, social security disability income, even workers’ compensation disability, these too are subject to garnishment. According to the Federal Government, garnishment of any source of income is possible to recover money owed.

Garnishment is governed by both state law and federal law. State law and federal law both differ in their laws pertaining to what can be garnished along with garnishing limits. If you are subject to your workers’ compensation becoming garnished, you should seek legal advice from a professional. At Spillers Law Firm there are highly trained and knowledgeable attorneys ready and willing to help you avoid any further wage garnishments, specifically workers’ comp. Call today for a free consultation and see what they can do for you.  

If you are worried about your Social Security Disability Benefits being garnished, take comfort in knowing that they can never be garnished. There is only one exception to this rule and that rule is if you fall behind in child support or aren’t paying federal taxes.

As per Workers’ Compensation, generally this income remains exempt from garnishment rules both federally and by state but it is important that you make sure that is the case specifically for you before you find yourself in a tight financial situation.

If you have any doubt in your mind that you are exempt from any wage garnishments, you must seek legal advice. Your bank account information is just a click away when it comes to debt collectors. When your bank account is garnished it is referred to as a bank levy. If you’re worried about your income becoming garnished due to hard financial times, call an experienced attorney to fight on your behalf. Call Spillers Law Firm today at (678) 208-0800 for a FREE case evaluation with a Forsyth County workers compensation attorney.

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