Legal Question in Bankruptcy in Delaware

Is a Worker's Comp award for an injury attachable?

I was injured at work 5 years ago, herniating 3 vertebral disks. Since then I've had 2 minor & 5 major back surgeries. My case was settled within the past month. I no longer can work as an RN & am retraining in another field. Because my injury occured at work the award was not large. My outstanding debts are huge due to living in part off of credit cards during the last 5 years. I need the award to live off of during my schooling. Is the award attachable?


Asked on 2/19/99, 1:38 am

1 Answer from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: Is a Worker's Comp award

Under California law, I believe the workers compensation payments are exempt from creditor collections unless the creditor is a spouse or child to whom you owe support payments. I have no idea what Delaware's exemption statutes provide.

Mark Markus

Law Office of Mark J. Markus

11684 Ventura Blvd., Ste. 403


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Answered on 2/23/99, 9:16 pm


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