A majority of states, 74%, require that all businesses offer workman’s compensation. This is great for employees because, as of March 2015, just a damaged arm from work in the United States on average cost about $169,880, and 84% of workman’s compensation claims are from slick floor of the work place. However, if the work place must file a bankruptcy lawsuit, then that workman’s compensation could never be seen by the worker.
My employer is filing for bankruptcy, and I have a lawsuit against them. What should I do?
Your first step should be to contact a bankruptcy lawyer or a workers compensation attorney, you will want someone with extensive knowledge to help you get the best outcome in this situation. You should know there is a chance you will never see the compensation you are owed, but taking positive steps will increase your chances. Once you have hired a bankruptcy attorney, you will want to file a proof of claim.
What is a proof of claim?
A proof of claim will notify the court of your bankruptcy lawsuit, and let them know that you would like a share of any of the distribution of assets. It will also give you the right to object to anything in the case that will affect the valuation of your claim. The proof of claim will also assure that you get notification of any court proceedings.
What other steps should I take for my case?
Your attorney will help you to ensure your claim is listed in the bankruptcy and to get relief from the “automatic stay” so that you claim will be liquidated. If the case if a Chapter 11, you will also want to vote on the reorganization plan. Other actions you will want to take are participating in the “insecure creditors committee, and to file a “nondischargeability complaint.” Your attorney will have knowledge of all of this and be able to help immensely.
Do not just stand by and watch you money become lost in a bankruptcy lawsuit. Consult with an attorney and take action as soon as possible. There is a chance to come out on top.