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  1. #1
    treja is offline Junior Member
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    Need Response Asap Please!!!!!!workman's Comp

    I live in Florida. I am having a serious problem. I cannot find the answer to my situation. Briefly:

    My husband was receiving workman's comp benefits.
    He became incarcerated.
    I started receiving the benefits in my name after advising the insurance company. We also had a child that I reported to the insurance company.
    My sister-in-law had temporary custody of our child.
    I became incarcerated.

    I continued to receive a check every 2 weeks in my name. I did not tell the insurance company I was incarcerated. I did not tell the insurance company I didn't have custody of our child.

    A year later, my sister-in-law found out I was receiving checks. She insisted it was insurance fraud because ALL the benefits paid were supposed to be for our dependent child. In other words, she wanted all the money.

    Because I was incarcerated, I was unable to contact the insurance company myself. She had payments redirected to her.

    My husband and I were released. We divorced and the insurance company settled with him.

    Now, 5 years later, my sister-in-law is stating I stole my child's benefits.

    I researched WC Law and believe I was entitled to the benefits as a spouse.
    Was any part of it for our child? Possibly %16.66? And there is no provision as to what would happen if spouse gets incarcerated, it only states "employee".

    Did I break the law?

    Thank you very much. Need a response ASAP
  2. #2
    tjr5150 is offline Member
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    I know this is not the answer your looking for but, if the benifits were for your husband and he was incarcerated, payments should have stopped. Do you think if he was working and was put in jail his job would still pay you? No.
    In my opinion it was insurance fraud, and for the insurance to put his benifit checks in your name cause he was in jail, was also wrong.
  3. #3
    ellencee is offline Senior Member
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    Quote Originally Posted by treja
    I live in Florida. I am having a serious problem. I cannot find the answer to my situation. Briefly:

    My husband was receiving workman's comp benefits.
    He became incarcerated.
    I started receiving the benefits in my name after advising the insurance company. We also had a child that I reported to the insurance company.
    My sister-in-law had temporary custody of our child.
    I became incarcerated.

    I continued to receive a check every 2 weeks in my name. I did not tell the insurance company I was incarcerated. I did not tell the insurance company I didn't have custody of our child.

    A year later, my sister-in-law found out I was receiving checks. She insisted it was insurance fraud because ALL the benefits paid were supposed to be for our dependent child. In other words, she wanted all the money.

    Because I was incarcerated, I was unable to contact the insurance company myself. She had payments redirected to her.

    My husband and I were released. We divorced and the insurance company settled with him.

    Now, 5 years later, my sister-in-law is stating I stole my child's benefits.

    I researched WC Law and believe I was entitled to the benefits as a spouse.
    Was any part of it for our child? Possibly %16.66? And there is no provision as to what would happen if spouse gets incarcerated, it only states "employee".

    Did I break the law?

    Thank you very much. Need a response ASAP
    I agree with your sister-in-law. The money was for your child. The insurance company apparently knew you did not have the child in your care and custody and the ins. co. redirected the checks to her. While in jail, you stole the very money intended to provide your child with food, shelter, housing, and other necessities. Your actions are appalling.

    I have no idea if the statute of limitations has expired or whether she can pursue collection of the money on behalf of the child at this date.

    EC
  4. #4
    treja is offline Junior Member
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    Your right, not the right answer

    Actually, I'm not sure what qualifies you to answer my question, although I do appreciate your response. I am not questioning my benefits, only the benefits to our child. Florida Workman's Comp Law is very clear about what happens when an employee gets incarcerated. Benefits are definitely paid to dependents. They are to be paid in order as in death benefits. The spouse receives 50%, dependent children receive 16.66%, ect.

    My concern more is what my responsibility was upon my incarceration. Legally. There seems to be no provision for what happens if the spouse becomes incarcerated.

    Thank you again for responding.
  5. #5
    treja is offline Junior Member
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    Quote Originally Posted by ellencee
    I agree with your sister-in-law. The money was for your child. The insurance company apparently knew you did not have the child in your care and custody and the ins. co. redirected the checks to her. While in jail, you stole the very money intended to provide your child with food, shelter, housing, and other necessities. Your actions are appalling.

    I have no idea if the statute of limitations has expired or whether she can pursue collection of the money on behalf of the child at this date.

    EC
    I wanted to keep things brief. But I should have explained more. When my sister-in-law learned of the checks she also said that I received them without my husbands knowledge. This was not true.

    The local police investigated and questioned all persons involved. They filed no charges. Then my sister-in-law went higher and State investigators looked into the matter and questioned everyone again. No charges could be filed.

    The insurance company filed no charges or alleged charges. When the case was settled whatever TTD benefits that were paid came out of the settlement.

    Workman's comp law is clear on the benefits being paid to the spouse upon the employee's incarceration. I am not concerned about that. What is in question is if the child was not in my custody legally, nor a dependent of my husband's as defined in Workman's Comp law, than my sister-in-law shouldn't be entitled to any of it. But, the insurance company did list him as a dependent, and therefore paid me the extra 16.66% allowed for a child. (roughly $20 a check).

    If anything, it was an overpayment of benefits by the insurance company. The money wouldn't have gone to my sister-in-law either way. I should have to pay the insurance company back. However, they just adjusted my husbands final settlement.

    They only sent my sister-in-law 2 checks, based on her telling them my husband wasn't aware of my receiving the checks. We cleared that up. She lied. Now I am in family court 5 years later and she is bringing it up again. I just want to be clear of the law when I explain myself this week in court.

    Thank you.
  6. #6
    ellencee is offline Senior Member
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    Quote Originally Posted by treja
    I wanted to keep things brief. But I should have explained more. When my sister-in-law learned of the checks she also said that I received them without my husbands knowledge. This was not true.

    The local police investigated and questioned all persons involved. They filed no charges. Then my sister-in-law went higher and State investigators looked into the matter and questioned everyone again. No charges could be filed.

    The insurance company filed no charges or alleged charges. When the case was settled whatever TTD benefits that were paid came out of the settlement.

    Workman's comp law is clear on the benefits being paid to the spouse upon the employee's incarceration. I am not concerned about that. What is in question is if the child was not in my custody legally, nor a dependent of my husband's as defined in Workman's Comp law, than my sister-in-law shouldn't be entitled to any of it. But, the insurance company did list him as a dependent, and therefore paid me the extra 16.66% allowed for a child. (roughly $20 a check).

    If anything, it was an overpayment of benefits by the insurance company. The money wouldn't have gone to my sister-in-law either way. I should have to pay the insurance company back. However, they just adjusted my husbands final settlement.

    They only sent my sister-in-law 2 checks, based on her telling them my husband wasn't aware of my receiving the checks. We cleared that up. She lied. Now I am in family court 5 years later and she is bringing it up again. I just want to be clear of the law when I explain myself this week in court.

    Thank you.
    When it comes up in court, you are going to have to answer 'why' you diverted income needed for your child's support. Having your incarcerated spouse's consent to divert the income is not a legal defense.

    My only "authority" on the subject is a working knowledge of workers compensation procedures due to my consulting on such claims.

    EC
  7. #7
    treja is offline Junior Member
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    Let me try again

    Maybe I am leaving too many facts out.

    The total amount I received is est. $16000.00. Again, I am not questioning that I had a right to the benefits. I know I did. That is clear in Workman's Comp Law.

    The extra $20 a check, roughly $2800, is what legally was paid to me for my husband having a child. However, the child was NOT his DEPENDENT. (as defined in the Statutes) Therefore, the insurance company did overpay me $2800.00. The money shouldn't have gone to me OR my sister-in-law. She also claimed the child was his dependent and that my husband and I were seperated. That's the only reason she got the last two checks before his 2 years was up.

    Our son was legally placed with her in a long-term relative placement situation. So, it's not like she was just temporarily taking care of him. Therefore, he wasn't my husband's dependent, and not entitled to benefits. If that was the case, my husband actually has 5 boys and the 16.66% should have been divided between all of them. (about $560 each)

    My problem is my sister-in-law is stating that I stole $16000.00 in monies due our son.

    To make it simplier, the question I have is this:
    Is there any statute or law in Workman's Comp that states the spouse loses benefits upon incarceration. The "employee"-yes, but there is nothing I can find that relates to the dependent.

    By the way, you seem to think I did some horrendous thing. Not true. I have 3 other children and the monies went to pay for all our expenses while incarcerated. Also, this "sister-in-law" is the only one with an issue.

    Again, I just want to be sure I'm not missing anything when I explain the Workman's Comp law in court. The insurance companies position is that anything paid to me ultimately would have been paid to my husband and he is the only one who can have issue with an overpayment. He has no issues with it. We even split the final settlement.
  8. #8
    BlondiePB is offline Senior Member
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    Since you have such an understanding of all this, you don't need any legal advice.
  9. #9
    Lisabyday is offline Member
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    I concur Blondie. Seems like the poster already has it figured out.
  10. #10
    zippysgoddess is offline Senior Member
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    Yep, she has already solved it all and doesn't want to hear anything else. Forget it.
  11. #11
    weenor is offline Senior Member
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    Quote Originally Posted by treja
    Maybe I am leaving too many facts out.

    The total amount I received is est. $16000.00. Again, I am not questioning that I had a right to the benefits. I know I did. That is clear in Workman's Comp Law.

    The extra $20 a check, roughly $2800, is what legally was paid to me for my husband having a child. However, the child was NOT his DEPENDENT. (as defined in the Statutes) Therefore, the insurance company did overpay me $2800.00. The money shouldn't have gone to me OR my sister-in-law. She also claimed the child was his dependent and that my husband and I were seperated. That's the only reason she got the last two checks before his 2 years was up.

    Our son was legally placed with her in a long-term relative placement situation. So, it's not like she was just temporarily taking care of him. Therefore, he wasn't my husband's dependent, and not entitled to benefits. If that was the case, my husband actually has 5 boys and the 16.66% should have been divided between all of them. (about $560 each)

    My problem is my sister-in-law is stating that I stole $16000.00 in monies due our son.

    To make it simplier, the question I have is this:
    Is there any statute or law in Workman's Comp that states the spouse loses benefits upon incarceration. The "employee"-yes, but there is nothing I can find that relates to the dependent.

    By the way, you seem to think I did some horrendous thing. Not true. I have 3 other children and the monies went to pay for all our expenses while incarcerated. Also, this "sister-in-law" is the only one with an issue.

    Again, I just want to be sure I'm not missing anything when I explain the Workman's Comp law in court. The insurance companies position is that anything paid to me ultimately would have been paid to my husband and he is the only one who can have issue with an overpayment. He has no issues with it. We even split the final settlement.

    whether or not the child was in his custody is irrelevant in determining dependency under workers' compensation laws. The money should have been paid to the person who was the child's guardian at the time...I know this because I have arranged dependent payments to guardians before when the mother was to sorry to care for her child...You did steal and good luck in court.

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