COVID-19 Effective June 15, 2020 At this time, we prefer to conduct most of our business through telephone and video conferencing. We will continue to use our drop box for the exchange of correspondence, but it will be by appointment only. Please call our office to schedule any communication with our team. Learn more here.

Is my spouse entitled to my personal injury settlement?

Generally, if you receive your personal injury settlement funds and deposit them into your bank account, it becomes marital property. If, before receiving those funds, you file for divorce or are separated, then the funds are not considered marital property.

Do you have to claim workers’ compensation settlements on your taxes?

No. Funds from a workers’ compensation claim are not taxable.

Can you be fired while on workers’ comp in Indiana?

The technical answer is no. Under the 1973 Indiana Supreme Court case of Frampton v. Central Indiana Gas Company, there is an exception to the at-will employment doctrine stating that you may be fired for any reason or no reason at all. The exception is that you may not be retaliated against for exercising your statutory rights. Indiana’s Workers’ Compensation Act provides statutory rights to injured workers. Making a claim for workers’ comp benefits is exercising those rights. If terminated, you likely have a right to sue the employer for a retaliatory discharge claim, which are now known as “Frampton Claims.”

Can you collect Social Security Disability and retirement?

No, because practically speaking you are either (a) not disabled and not retired, (b) disabled and not retired, or (c) retired. Social Security Disability benefits are available for qualified individuals prior to reaching their “full retirement age” under the Social Security Retirement rules. Full retirement age depends on when you were born. Once the individual reaches his/her full retirement age, the benefits received switch from disability to retirement. If the disability benefits received were Disability Insurance Benefits (DIB, aka Title II) and not Supplemental Security Income (SSI, aka Title XVI), then the typical monthly benefit received from disability will be the same amount received under Social Security Retirement. If you elect to take “early retirement” from Social Security (as early as 62 years old), you reduce your monthly retirement benefit for the rest of your life, unless you also apply for disability benefits and are found to be disabled as of the date of your early retirement, in which case your disability and retirement benefits will be the full amount retroactively.