in ny state is it legal to get a loan against your Workman's comp settlement?
608686
Yes, people do it all the time. JG Wentworth does just that.
196452
Speak to an attorney.  But if you agreed to a settlement, you have no rights anymore under worker's compensation.  You can only submit claims under worker's compensation if you sustained a new injury.
1407
The question still isn't easy to answer. Your best bet would be to contact a local attorney, or take the advise of the previous responder.\n\nBut the truth is, this is a free country and they can't make you do anything. The answer might be, however, do you want to continue to work for them and receive a paycheck?
166561
There are attorneys that do workers comp for only a percentage of the settlement.  And thier fee will often be figured into the settlement.\n\nYou can always get an attorney do do workers comp cases if you have no money at all.
368387
Complain to the local labor enforcement agency. It's usually listed under the State Government in the phone book. But you should have that wage promise in writing. Otherwise they can deny they ever made the promise. You might try emailing your boss to ask about it and then getting a documented response from him. Anything they say that indicates there was a verbal agreement could be used against them. That's why you should send an email. If he responds verbally, then send him an email that summarizes what he said. "Thanks for answering my question today in your office. I understand that I will be getting $X per hour starting next week. Please let me know if I misunderstood."
844677
Your state notifies the other state who files a "Foreign judgement"  If their state law doesn't make the employer send the money weekly you are out of luck.  If it does then you need to have the other state send a compliance order to the workplace.  Be careful tho, cause too much of a stink and he will lose his job (Have seen it over 10 times this year alone)
686462
Resident state law is irrelevant in limitations as the contract is based on the laws of the state were the creditor is incorporated (usually Delaware).  This usually means that in essence the creditor is limited to collections efforts as indicated by the FDCPA.  Basically, they can attempt to collect the debt.  Usually companies are limited as to how long they can carry the receivable on their own by FASB accounting regulations...so they will charge it off after 185 days. At that point a collection agency will likely buy the debt and start more hardcore collection efforts.  In addition to ruined credit, you will be subject to collection calls (they can do it every hour with no contact, once a day with contact made), dunning letters, and asymmetrical collections (calling you at a grocery store or bowling alley).  In any event, the creditor and/or the agency may file a lawsuit that could result in a lien or wage garnishment.  That usually depends on the debt value.  One thing that is becoming common is the debt value being reported to the IRS as income (I think its taxable at the 40% bracket, similar to bonus income).  Where residing stare law comes in (in your case, NY) is the collection efforts themselves.  You can issue what is known as a Cease and Desist Letter in NY that will prohibit the collection agency or creditor from calling you on the telephone.  The downside is that they will then demand the debt upfront in a letter and the liklihood of a lawsuit is higher.  In any event, collections are not fun for both the collector and debtor.  Having spent time on both sides, I would advise through the course of the calls to speak with an intelligent sounding collector.  Their job is to collect, but they are people too and if you are nice to them and sound like you want to work with them they will likely offer you a break.  Most companies make these "breaks" available in the form of reduced interest, payments etc if you are willing to work with the collector.  It may not be enough at the end of the day...but at least it can let the company know you are trying to work with them.  More importantly...in a lawsuit situation it would appear like you were actively trying to find a solution.  At the end of the day, the company wants to recoup their principal spent in a situation like yours...working with you is in their best interest in most cases.  I hope this helps.
932631
Collection companies are dirtier than the Mafia.  I mean, these guys are truly the scum of the earth.  They will do and say anything to get your money, and have no guilt when they don't follow through on a promise.  In the future, always get the settlement deal in writing before you make a payment.  Any breach of an oral agreement is impossible to prove in court.  Sorry that this happened to you.
783615
Depending on the amount, small claims court would probably be the best, especially if you have the agreement in writing.  Keep a good record of payments received (dates and amounts); this will show that he has violated the loan repayment.  Also, maybe send a letter stating that he is in violation and that legal action may be taken against him if he does not start a faithful repayment plan.
1089888
u go to the state employment department in the state in which you worked and file a complaint.  there are specific laws that require payment for services rendered by employees.
833607
Sometimes, yes. If support is a percentage of your wages, then yes. If it is a dollar amount agreed to by all parties, then no unless they go back to court.\n\nIf it were me I wouldn't talk about it too much.
367684
He should but whether he will is a different story. You might want to hire a lawyer for this one and sue for damages. No money for a lawyer? Call the State Bar Association and ask them to recommend someone who will work pro bono (for free) or for a part of the settlement (you can negotiate what percentage the lawyer gets ahead of time). Also, in NYS the BAR has a program where many of the enrolled lawyers will give 1 time advice for a $25 fee. Good luck.
962907
NO. It is against the law. If he has entered into the agreement to pay you once a week and he has lost the time card then he is at fault. Call the Labor board. The number is in the front of the phone book or on line at the department of Labor.You will have your check that day. They frown on that with fines to employers who do this.Plus he will need to reimburse you for any late fees you have incurred do to his negligence.
1172237
You may sue either or both, sue the one nearest you. If he want to redeem any money from the loss of his suit with you he will have to sue his partner. You may add the company to the suit if you like.\n\nTake any and all items you need to prove your claim, to include any person you want to testify in your behalf.\n\nIf you win the case, you must then find a way to collect your money i if he refuse to pay or don't have the funds to pay you. \n\nThere are companies that will do the collection for you for a percentage of the total debt.\n\nYou can also garnish his wages if he has a job or you may place a lien against his home if he has a home.\n\nI hope this has been of some use to you, good luck.\n\n"FIGHT ON"
37440
Your state may have a workers' compensation commission - call them.  Ordinarily a claim for compensation is filed with them first.  You should be able to find an attorney that works on a contingency fee (no fee unless you win).\n\nIf you're an employer, contact your workers' comp. insurance carrier.
109370
jerry's got a lot of it, but anyone can file a lien.  anybody who feels they are entitled to part of your settlement can file a lien.  this includes medical providers if you have a worker's comp claim or injury from an auto accident, or your attorney and such.
1136670
Its hard to answer since you don't mention the type of injury or if it is permanent or non-permanent.  You also don't mention any of the circumstances, such as if employer had a lot of major safety violatoins or if it was a machine that malfunctioned, both of which would affect the judgement.\n\nSo basically it varies, but if you are opting to go to court instead of accepting the workers' comp payment remember to be sure the award will cover all past and future medical bills and the lawyers fees.  Once you sue you have to pay back the WC insurance carrier for all past wages and medical bills you've been paid and they won't cover any additional bills related to this case.  (Some states have a state run WC plan so this wouldn't apply.)  \n\nMost people with a non-permanent injury don't get nearly as much as they thought they would.