Worker’s Compensation & Personal Injury

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When a person is injured at work or outside the job, such as a traffic accident, the typical result is a dramatic decrease in your income due to the inability to work. Any reduction in pay can have a devastating effect on your family’s ability to meet their monthly debt obligations and necessities; the end result being that your family must prioritize who gets paid and who does not get paid. Depending on the length of time you are out of work or receiving some type of disability payments, your family’s house or vehicle can come under the risk of foreclosure or repossession. In some cases, a bankruptcy is the only avenue of relief for your family. The bankruptcy can, in most cases, eliminate certain debts and free up income that can be used to make payments on assets your family requires, such as your home or vehicle.

Worker’s Compensation

In Illinois and Missouri, you can exempt (protect) an entire award (settlement) you may receive in a worker’s compensation lawsuit even if you are filing a Chapter 7 bankruptcy to discharge your debts. However, any medical provider liens on the award prior to filing for bankruptcy are not discharged and must be paid from the award. Additionally, proceeds from a worker’s compensation award do not remain protected after it is used to purchase other property. In a Chapter 13 bankruptcy, the Court will allow you to retain any amount of the settlement or award that is reasonably necessary for your welfare; these are determined on a case by case basis depending on your earning capacity, extent of disability and other relevant factors. Basically, if you have been injured on the job and are having financial difficulties, then you may wish to speak with us to discuss if filing a bankruptcy is right for you and to ensure any future monies you receive are protected to the greatest extent possible.

Personal Injury

In Illinois, you can exempt (protect) up to $15,000 of any personal injury award or settlement that you may receive while filing a Chapter 7 bankruptcy to discharge your debts; however, payment for psychological or emotional injuries are not protected and any medical provider liens on the award are not discharged and must be paid from the award. Unfortunately, the state of Missouri has opted out from allowing debtors to take federal exemptions. Your personal injury award or settlement will not be exempt from bankruptcy if you are filling in Missouri. If you are contemplating filing a bankruptcy and you have any of these circumstances, then you should call our office at your earliest convenience to get the answers you are seeking.

Still Have Questions?

We hope the information above has answered many of your questions, but we also realize that you probably have questions that are related to your specific case. If you have additional questions please call us at (800) 7-BENSON to setup a free bankruptcy consultation.


Important Disclaimer: The information discussed above and throughout this website should not be relied upon to make any decisions without first speaking to a bankruptcy attorney. There are many intricate rules of law governing bankruptcy with many exceptions to the general rules that could change the advice given by an attorney based on the differing facts in each person’s special set of circumstances. THEREFORE, it is important to discuss any information contained in this website with one of our attorneys before taking any action or refraining from taking any action.

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Coronavirus: Our Office And Your Safety

Our Offices In Illinois And Missouri: Our offices will continue to remain open to serve all our current
and future clients as we, as attorneys, have sworn an oath to uphold! A Bankruptcy Law Firm, LLC provides
legal and financial services in which Illinois and Missouri have deemed our law offices essential business
activities. Michael J. Benson is committed to ensuring each and every client is being responded to as
immediate as possible, please read below to help our law firm be more efficient so that we may help
EVERYONE with ALL your questions and concerns, especially during these uncertain times.

Precautions: Until the “Stay at Home” Orders have been lifted our offices are functioning 100%.
However, for the safety of you and our employees we are limiting in-office appointments to only those
appointments absolutely necessary, and we are timing appointments so that there will be only ONE client
in the office at any particular time. Therefore, we need your help, patience and understanding to achieve
this goal. We ask our clients to minimize their movements within our offices upon your arrival and to
refrain from using the restrooms at this time. Further, we are disinfecting the waiting area and the office
where your appointment will be held to the best of our ability in between each and every client.
Current Clients: At this time, we are conducting ALL appointments with current clients via telephone
or email communication. Michael J. Benson prefers to give personal attention to each and every client
and to meet his clients personally as much as possible throughout your entire case. However, safety
comes first during this pandemic, and therefore, we will not hold in-office appointments. Further, we
kindly ask clients to not arrive at the office unannounced as this may cause more than one client in the
office at a given time and jeopardize the safety of others—PLEASE respect the safety of others! In regards
to turning in required documentation for your case, please call the office to coordinate.
New Clients: We are still meeting with new clients who have bankruptcy questions now more than ever.
We will meet with you in person and our goal is that you will be the only client in the office at a given
time. If you believe you may have coronavirus symptoms, tested positive for coronavirus or if you are an
at-risk person, then please let our office know and we can schedule a phone consultation so that you can
still receive answers to your questions and concerns.
Phone Calls And Voicemails: Please understand that our office, like every business, is experiencing
an extraordinarily high volume of calls during this time. Again, our office is 100% committed to responding
to our clients as fast as humanly possible. WE NEED YOUR HELP – if you call the office, please leave a clear
voicemail with your name and best contact number and give a precise reason for your call. If you give us
an idea why you are calling, then you will get a quicker answer and it will enable us to be more efficient
so that we can answer more phone calls in the same amount of time so that we can give our clients the
best possible legal care!