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Worker's Compensation

Can The Internal Revenue Service Take A Workers' Compensation Settlement?

Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida, including from our Central Florida office in Orlando. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome, but relieve the legal burden from your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

Frequently Asked Questions About Workers Compensation

Workers Compensation Attorneys Trial Pro, P.A.

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Can The Internal Revenue Service Take A Workers' Compensation Settlement?

The Internal Revenue Service (IRS) has a variety of ways to attempt to collect an alleged debt for back owed taxes. The IRS is authorized to levy, or garnish, a substantial portion of your wages; to seize real and personal property you own, such as your home and your automobiles and even take money that's owed to you. However, the IRS cannot take your workers' compensation settlement for several reasons.

Under current Florida Workers' Compensation law, there are only a few situations when an outside party can take any part of your settlement. With only limited exceptions, the Florida Statutes protect an injured worker's benefits from the claims of creditors and from collection of a debt.

According to Section 440.22, Florida Statutes:

"Compensation and benefits shall be exempt from all claims of creditors and from levy, execution and attachments or other remedy for recovery or collection of a debt, which exemption may not be waived. However, the exemption of workers' compensation claims from creditors does not extend to claims based on an award of child support or alimony."

Need to file a Work Compensation Claim? Talk with our Expert Orlando, FL Workers' Compensation Attorneys Regardless of where your home is situated Call our office Today for a free consultation - 800-874-2577

With the exception of unpaid child support and alimony, this statute clearly states that a court may not order the attachment of an injured worker's workers' compensation benefits to resolve a legal debt. In every workers' compensation settlement, the Judge of Compensation Claims must approve certain portions of the settlement before it can be finalized, including ensuring that any unpaid child support obligations are taken into consideration. In fact, one of the many functions of the Judge of Compensation Claims is to ensure that there are no child court arrearages and if so, allocate a portion of the settlement funds to satisfy some or all of the unpaid child support. However, IRS liens are not considered by the Judge when approving settlements for the reasons stated above.

Further, Federal Law also specifically excludes all types of workers' compensation payments at the current time. Therefore, the IRS cannot place a lien on a workers' compensation settlement for any back taxes owed even if Florida chose to change the law on liens to include the IRS. And, the IRS cannot garnish any portion of your workers' compensation settlement.

However, once the settlement is finalized and you come into possession of your settlement proceeds, this doesn't mean that the IRS cannot then attempt to take legal action against you to recover any money owed. In other words, the IRS may try to come after your settlement proceeds once in your possession, just like any other asset. And, until the tax debt is paid off entirely, the IRS can also take your current tax refunds and all future federal and state income tax refunds. The IRS may seek to recover the tax debt in a variety of other ways as well.

Tax laws can be extremely confusing and complicated. For additional information regarding income tax obligations, you may want to visit the IRS website at: www.irs.gov. You may also want to contact a lawyer or tax professional for specific questions about IRS liens. Nevertheless, as indicated above, the IRS has no power to take any part of your settlement proceeds as part of your workers' compensation settlement.

However, if you have unpaid child support, the Judge of Compensation Claims must take this into consideration at the time of settlement. With respect to any lump sum settlement, the Judge must consider at the time of the settlement whether the settlement allocation provides the appropriate recovery of child support arrearages. When reviewing any settlement of a lump sum settlement, a Judge of Compensation Claims "shall consider the interests of the worker and the worker's family when approving the settlement, which must consider and provide for appropriate recovery of past due support."

In every case, the parties must provide to the Judge of Compensation Claims a copy of current documentation from the Department of Revenue outlining any child support arrearages. You will also be asked to sign documents confirming any child support arrearages under penalty of perjury. If no child support is owed based on the documentation obtained, none of your settlement proceeds will be taken from the workers' compensation settlement.

If the Department of Revenue determines that child support is owed, the Judge of Compensation Claims will set aside up to half of your net proceeds to satisfy the child support obligations. For example, let's say you settle your workers' compensation settlement and your net proceeds (after payment of all attorney's fees and costs) are $10,000 in your pocket. However, it is determined that you owe a total of $10,000 in child support. The court would take up to half of your settlement ($5,000) with you receiving the other half. You would receive $5,000 and child support would receive the remaining $5,000. The same would be true if you owed in excess of $10,000 since again, the court will not take more than half of your net settlement. Using the same example with a $10,000 net settlement, let's say you only owe $2,000 in child support. The court would set aside $2,000 to satisfy the child support obligations with you receiving the remaining $8,000. Once it is determined how much child support is owed, your workers' compensation attorney can advise you as to how the unpaid child support will affect your net proceeds in your pocket.

Many people are unsure if they owe back child support. Others may dispute the amount claimed by the Department of Revenue despite what the Department of Revenue's documentation shows. This is a dispute that needs to be handled by you and child support. Your workers' compensation attorney has no power or recourse to resolve any unresolved child support issues. And, the Judge of Compensation Claims will not take anything into consideration other than what child support contends that you owe. Thus, if you dispute any potential child support arrearages, you should contact a Family Law lawyer to resolve any such dispute as soon as possible prior to settling your workers' compensation claim.

No Fee Unless We Win or Settle!

At Trial Pro, our traffic collision attorneys operate on a contingency fee basis. That means we cover the costs of investigating, constructing, negotiating and litigating your lawsuit. We do not bill you anything unless we recover compensation on your behalf. If we do not win your case, you will owe us nothing.

Our Orlando injury attorneys also offer potential clients no cost evaluations to discuss the details of their claim and determine if you have a suit. Schedule a Free Consultation

If you or somebody else you love has been impaired due to someone else's negligence or neglectfulness, you need a renowned attorney by your side who is familiar with the statutes and regulations in Florida.

Our injury attorneys are experts in personal injury lawsuits and have been acknowledged by our peers for our success. Several of our lawyers have been mentioned as Super Lawyers and distinguished litigators for their success on behalf of our clients.

We have recovered favorable judgments and settlements that contributed in assisting personal injury victims recoup from their injuries, pain and suffering and medical bills, or the loss of a loved one. Let us help you recover the max amount of compensation you are entitled to for your personal injuries.

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Orlando Personal Injury Attorneys

With more than a century of collective legal experience and a commitment to hard work, excellence, and integrity, we have recovered millions of dollars in damages on behalf of our clients. Our goal is to enable our clients to sit back and focus on their recovery, knowing that the team at Trial Pro, P.A. has the experience and resources to effectively handle all of the legal details involved in their case.

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Our goal is to make the process as easy as possible for you. You don't even have to come into our office if you are unable to travel or adjust your schedule to make it to us. We're more than happy to come to you!

In addition to traveling directly to our clients, the team at Trial Pro, P.A. also pledges to provide clear advice and regular client communication. We know how important regular contact with our clients is - we never leave you hanging or delay our responses.

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FL Drivers Involved in Accidents in 2017

Annually millions of americans are injured, in many instances fatally, in car accidents. In 2011 only, more than 2.2 million people were hurt in the estimated 5,338,000 police-reported car accidents and 32,367 killed in traffic accidents involving automobiles, trucks, motorcycles, pedestrians, and bicycles.

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Our legal team is available 24 hours a day, 7 days a week, 365 days a year to answer your questions and offer expert advice. Our friendly staff is always accessible to meet or speak with you 24 hours per day, 7 days per week. If you or a loved one has been injured, please call Trial Pro immediately to speak with one of our Florida attorneys today. Remember, don't just hire any attorney, hire a Trial Pro!

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Committed to Your Personal & Financial RECOVERY

Each Trial Pro attorney and staff member is determined to see your case as far along as necessary to get you every cent that you deserve. Our friendly staff is always accessible to meet or speak with you 24 hours per day, 7 days per week. If you or a loved one has been injured, please call Trial Pro immediately to speak with one of our Florida attorneys today. Remember, don't just hire any attorney, hire a Trial Pro!

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Multiple Locations

Based in Florida, Trial Pro, P.A. represents clients across Florida from our offices in Miami, Orlando, Ft. Myers, Naples, Delray Beach, Jacksonville, and Daytona Beach. We are dedicated to fully serving you at every degree. Our vow is to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or any other place that you find more convenient. You are always welcome to come into our office as well.

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Decades of Teamwork

The Trial Pro, P.A. attorneys carry more than a century of collective legal experience and decades of working together as a team. We have represented hundreds if not thousands of people who have been injured as a result of car accidents, slip-and-fall, workers comp’ cases and more. One thing that is clear to us is the essence of partnership. Without it, Trial Pro, P.A. could not be as effective in attaining success for our clients.

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Pursuing Client Victories

After experiencing an automobile accident, the last thing you desire is to have an attorney at hand that doesn’t know how to adequately represent you. You want a reputable law firm that will fearlessly fight to acquire optimal compensation on your behalf. This is exactly what Trial Pro, P.A. does. Our lawyers hold a strong reputation for winning cases, and we do everything in our hands to deliver the results you’re expecting.

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Full Commitment

Our team at Trial Pro, P.A. doesn’t just glance over your case and throws it to the side. We don’t see you as just another number. In order to obtain victory on your behalf, our personal injury attorneys take a closer look at the details. We believe that quality legal representation is tied to full commitment – not a job that’s done halfway. When you choose Trial Pro, P.A., we prove that mediocrity isn’t in our DNA.

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Full Commitment

Our team at Trial Pro, P.A. doesn’t just glance over your case and throws it to the side. We don’t see you as just another number. In order to obtain victory on your behalf, our personal injury attorneys take a closer look at the details. We believe that quality legal representation is tied to full commitment – not a job that’s done halfway. When you choose Trial Pro, P.A., we prove that mediocrity isn’t in our DNA.

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What Our Clients Say About Our Personal Injury Attorneys

Former Trial Pro, P.A. clients constantly testify of how happy they were when we resolved their case. This is our main priority – to go above and beyond their expectations. Yes, we measure our success by the number of court victories we’ve attained. However, we also measure effectiveness by our clients’ satisfaction and experience with Trial Pro, P.A. Most of them come from other firms feeling ignored and rejected. When they transfer over to us, we work hard to radically change their situation and win their litigation case.
If you are in one of these former clients’ shoes and find yourself strongly dissatisfied with your current car accident attorney or firm, we want to represent you!
Our injury attorneys are always happy to answer any questions you may have and inform you about the experience we provide.

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I would definitely come back to Trial Pro, because I can't even tell you the great experience I had. The comfort and the sense of the putting me at peace is priceless.

Former Client

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I never really felt uneducated, or out of the loop which was key for me because I wanted to know it was going the right way, and it was.

Former Client

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When we switched over to Trial Pro, I felt as if my voice was heard. I felt as if the person who was taking care of my case really understood me, and understood my needs.

Former Client

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The Trial Pro, P.A. reputable attorneys genuinely care about their clients. They don’t see them as just another number or face. Neither are they more interested in money than obtaining quality results. Our attorneys are honest, compassionate and work hard to go above and beyond expectations.

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I was hesitant to bring my case to an attorney. Trial Pro, P.A. showed me nothing but integrity and professionalism.

Former Client

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Trial Pro, P.A. guided me carefully through my case and constantly kept me informed. I was astounded by the attorneys’ aggressive way of fighting.

Former Client

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I’ve partnered with this reputable law firm for legal representation two times and both instances were victorious. Trial Pro P.A’s chief attorney, Piercy Stakelum, always took the time to sit with me and provide undivided attention.

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I didn’t have to wait on return phone calls. As soon as I left a message, they were waiting for me on the other line.

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All of the attorneys were truly attentive to my needs and the representation they provided surpassed my expectations. It was top-notch.

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At no point I felt nervous for no reason my attorney was there all the time to suppoert me. Thank You Trial Pro, P.A.

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The transition was beautiful! I didn't have to do anything just sign and Trial Pro took care of everything for me.

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When we switched over to Trial Pro, I felt as if my voice was heard. I felt as if the person who was taking care of my case really understood me, and understood my needs.

Former Client

Our main priority is our clients’ healing and recovery process. While you focus on getting better, we focus on achieving quality results and obtaining victory for your car or truck accident lawsuit. Our attorneys carry over 100+ years of collective legal experience and have represented thousands of clients. We’ve also acquired millions of dollars in compensation on their behalf.

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Florida Personal Injury Lawyers with Best Results

A car accident can be scary and frustrating. When you experience a personal injury accident, the last thing you need on your plate is a law firm that can’t rightfully represent you. If your attorney’s firm is too small and consequently, it is getting pushed around, it’s time to reconsider your choice of legal representation. On the other hand, you do not want to have a fully loaded firm that is too busy to give you a call. The trial attorney’s at Trial Pro, P.A. carry credibility and reputation. We don’t ignore our clients or skip phone calls. Neither are we controlled by insurance companies.
Our law firm fights aggressively -- always determined to win your case.

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Take a moment to look at our Trial Pro, P.A. blog and read about issues related to car accidents, truck accidents, workers’ comp, insurance, slip-and-fall, trip-and-fall and more. Our attorneys not only strive to professionally represent their clients in litigation, but they are also strongly committed to educate them. At Trial Pro, P.A., we don’t withhold our personal injury knowledge. We are more than happy to share it with you.

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Superior Service. Great Results.

When you need expert legal counsel for your case, turn to the firm that has more than a century of collective legal experience and insight. At Trial Pro, P.A., we have put that experience to good use, advocating for thousands of clients over the years. In that time, our team has obtained millions of dollars in verdicts and settlements. As seasoned Florida personal injury lawyers and wage and hour attorneys, we know how to handle a comprehensive range of legal matters.

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Our Personal Injury Attorneys Have Been Recognized Numerous Times

Ever since 2001, the practice has held an exceedingly significant track record of successes. Every year, our reputable law firm is awarded for its impressive mark in the legal field. Trial Pro, P.A. has been recognized by Lawyers of Distinction, Florida Justice Association, Better Business Bureau (BBB) and more. Chief attorney Piercy Stakelum is a proud member of The National Trial Lawyers Top 100, an invitation-only organization compromised of highly regarded and credible lawyers. Trial Pro, P.A. has also been acknowledged by Super Lawyers. They recognize outstanding lawyers who have acquired exceptional professional achievement.

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ATTORNEYS PROUDLY SERVING THE INJURED AND THEIR FAMILIES

Trial Pro, P.A. is a proud advocate for personal injury clients throughout the State of Florida. The DNA and foundation of our law firm is passion. While we are passionate about the law, we are even more zealous about fighting for those who have been hurt due to the negligence of others. Our trial attorneys fully embrace authenticity and integrity. With over 100+ years of collective legal experience, our reputable law firm has become a trusted choice for injured individuals. Trial Pro, P.A. has a remarkable reputation for winning. After experiencing a car accident, the last thing you desire is to have an attorney that doesn't know how to adequately represent you. You want a trustworthy and reliable law firm that will walk you through every step of your case. You want a group of attorneys that will pursue justice on your behalf and acquire the maximum compensation. At Trial Pro, P.A., we don't see you as just another case number on our list. We don't turn our backs on you half-way throughout the process. Our former clients can testify that they've truly experienced the Trial Pro, P.A. difference. Quite frankly, most of them have pursued our representation because of others that have recommended us. There are a handful of characteristics that distinguish us from other lawyers but our credibility is the best one amongst all.

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Serious Representation

We put into action our knowledge and legal abilities to assist you, not only to attain a positive outcome, but ease the legal stress from your shoulders simultaneously. Trial Pro, P.A. holds a reputation for achieving real success for clients. Leave it to us to fight wisely but aggressively.

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Unmatched Case Results

Expering a car accident can be frustrating and scary but our promises to you are fully authentic. Trial Pro, P.A.'s personal injury legal attorneys do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations.

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Committed to Our Clients

You shouldn't have to beg for a call back from your attorney. You shouldn't have to beg for an update on your case. At Trial Pro, P.A., we don't operate in that manner. We constantly call our clients to give them updates on their claim. If we miss a call, we promise to always return it.

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Compassionate In & Out of Court

Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.