Can my Workers’ Compensation benefits be garnished?

Are Oklahoma Workers’ Compensation proceeds paid to an injured worker entirely exempt from garnishment?

Claims for workers’ compensation or benefits due are completely exempt under 85 O.S. 2001 § 48, the exclusive statutory authority for exemptions under the Workers’ Compensation Act, except for valid liens or income assignments for child support.

See Strong v. Laubach, a 10th Circuit Court of Appeals case, in which the appellate court reversed the district court’s order limiting the available Oklahoma exemption for workers’ compensation proceeds to $50,000.


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