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Click on the questions below to see the answers.Business and Finance What is the difference between a corporation and a limited liability company (LLC)?
Both a limited liability company (LLC) and a traditional corporation are forms of business organizations intended to protect the owners (called stockholders in corporations and usually called members in LLCs) from having individual liability for company debts. Both types of organizations allow the owners to limit their liability for the company's operations to the investment they make in the company. Traditional corporations will have directors who are responsible for making policy decisions and officers (president, vice president, etc.) who are responsible for day to day operations. In an LLC, managers are normally responsible for managing day to day operations, although members may manage directly in some cases. The primary difference between the two entities is that corporations are separate tax-paying entities while LLCs are normally taxed as partnerships. This means that a traditional corporation is subject to tax and its shareholders are subject to an additional tax when they receive dividends. In an LLC, there is no separate tax at the company level and the members are taxed directly on the company's profits. What is an "S corporation" and how is it different than a regular corporation?
Both an S corporation and a "regular" corporation are established under the same business corporation statute. When someone refers to a corporation as an "S corporation," they mean that the corporation's shareholders have elected to have the corporation's profits and losses reflected directly on their personal tax returns under the United States Internal Revenue Code. An S corporation is another method of avoiding the separate federal income taxation normally imposed on corporations. In this respect, an S corporation can accomplish much of the same tax effects as a limited liability company. Making the election to be treated as an S corporation is limited to a certain number and certain types of shareholders, an issue that is often not present with LLCs. Since both S corporations and "regular" corporations are established under the same business corporation statute, they are the same for corporate law purposes. This business is going to have one owner, do I really need to go to all the trouble of setting up a corporation?
No, you can operate your business as a sole proprietorship. With a sole proprietorship, however, you would not have the benefit of limiting your liability from operating your business. Traditional corporations can be established with one director and a single person filling officer roles and certain steps can be taken to limit the compliance duties associated with a corporation. Michigan law also permits single member LLCs where the owner manages the LLC directly. Collections What is the recommended procedure for collection on an overdue account?
Prompt, definitive action with adequate follow through is essential to success in collecting on an overdue account. A demand for payment, in compliance with applicable law, including the Fair Debt Collection Practices Act, is sent giving the debtor a specific time frame in which to respond. In appropriate cases, we make telephone contact with the debtor. Depending on the debtor’s response, we typically recommend filing suit at the earliest possible time. Significant delay in acquiring a judgment against a debtor greatly decreases the chance of full collection of a debt. What steps may be taken to collect a judgment once obtained?
There is a 21-day appeal period after entry of all judgments. Only after the appeal period expires, may a creditor take steps to collect on a civil judgment. The following methods of collection are available and one or more of these should be pursued immediately after the appeal period expires: wage garnishments (including garnishment of the wages of federal employees and military personnel); bank account garnishments; writs of execution against personal and real property; and special proceedings known as Proceedings Supplementary to Judgment. The latter include compulsory examination of the debtor or other persons to discover assets, injunctive relief against the debtor and third parties, the appointment of a receiver for the debtor's current property and any property the debtor might acquire in the future, determination of the ownership of assets if the debtor's title or interest is disputed, satisfaction of the judgment by court order out of non-exempt assets, payment of the judgment in installments from the debtor's future income and any other relief that appears appropriate to the court under the circumstances. Many collection agencies and attorney debt collectors fail to use all available means of collection. At Pear Sperling Eggan & Daniels we have experience with and recommend use of all available judgment collection remedies, including Proceedings Supplementary to Judgment. What can be done when a debtor appears to have transferred property in an effort to avoid payment of a debt or judgment?
Proceedings Supplementary to Judgment provide the perfect forum for asserting a claim that the debtor has violated the Uniform Fraudulent Conveyance Act. This Act provides that a conveyance is fraudulent if it is made when the debtor is insolvent or it will render the debtor insolvent and it is made for no or inadequate consideration. Once these two elements are established, creditors are free to ask a court to allow proceeding directly against the property as if the transfer had not occurred, while the person to whom the fraudulent conveyance has been made may be brought into the case by subpoena. In short, the Uniform Fraudulent Conveyance Act was specifically designed to address cases in which a debtor has transferred property as a means of avoiding payment. Domestic Relations How is a divorce commenced in Michigan?
A divorce proceeding begins with the filing of a Complaint for Divorce. The complaint must contain certain information including the names of the parties (husband and wife) both before and during the marriage, the date and place of the marriage, whether the wife is pregnant, the names and birthdates of any minor children of the parties, whether there is property to be divided, and the residence information required by statute. In addition, a summons must be prepared and filed with the divorce complaint in order to serve the other party. Additional information and documents are required if minor children are involved. What are the grounds for divorce in Michigan?
Michigan is a "no-fault" state. The court has the power to grant a divorce regardless of who did what to whom. The issue of fault may play a role, however, in the court’s decision regarding child custody, property rights and spousal support. A complaint for divorce must contain the following statutory language: "There has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved." What are the residency requirements for obtaining a divorce in Michigan?
The plaintiff, the person instituting the action by filing the complaint, must have lived in Michigan for 180 days prior to filing the divorce complaint and in the county in which he or she files for at least ten days before filing the complaint. If the other spouse lives in another state, the Michigan "long arm" statute gives effect to the service of the divorce papers even when served out of state. The spouse living in another state is simply given additional time to respond to the summons and complaint. Employee Benefits, Employment and Labor Must I approve an employee's request for a flexible work schedule to accommodate his disability?
Assuming the employee is disabled (i.e. (1) suffers from a determinable physical or mental characteristic that limits a major life activity, (2) is otherwise qualified for the position and (3) is able to perform the essential functions of the job, with or without an accommodation), an employer would have to make this accommodation unless to do so would impose an undue hardship. An important factor in making this determination would be the importance of the employee strictly adhering to a fixed work schedule. A compelling hardship argument might be made if the employee is responsible for opening or closing a facility or greeting customers as opposed to a data entry clerk whose duties do not require that he be present at any particular time. Also, an employer who has detailed procedures for handling tardiness, diligently enforces its policies and emphasizes the policies to new employees, will have an easier time showing that punctuality is an essential job function. Must I pay an employee overtime for working on a holiday?
While many employers pay employees a premium, including overtime pay, for working a holiday, neither state nor federal law requires premium pay. Employers are required to pay overtime (1.5 times regular rate) only for hours worked in excess of 40 in a week. Thus, an employee who works 40 hours, 8 hours of which are on a holiday, is not entitled to overtime pay. Further, the law does not require that overtime be paid for working more than 8 hours in a day, if the total hours worked for the week do not exceed 40 hours. Finally, an employee who receives a paid holiday and works 40 hours in the same week is not entitled to overtime pay because he or she has not worked more than 40 hours that week. In this situation, the employee would be entitled to 48 hours of straight time pay. May I read an employees' e-mail?
An employer may read an employee's e-mail if the employer has advised its employees that it has retained the right to do so. We recommend that an employer have a comprehensive e-mail system and internet policy in place to protect against dissemination of proprietary and confidential information, prohibit inappropriate use of such systems and put employees on notice of the company's right to monitor incoming and outgoing e-mail at its discretion. Does an employer have to provide rest or lunch breaks? If such breaks are provided, must they be paid?
There is no statute (either federal or state) that requires an employer to provide breaks to employees, other than minors. Meal periods must be paid unless (1) the period is at least 30 minutes long, (2) the employee is completely relieved of all duties and (3) the employee is free to leave their post of duty. If rest periods or "coffee breaks" are provided, they must be paid unless (1) they are longer than 20 minutes, (2) the employee is free to leave the premises and go where he/she pleases and (3) the period is long enough to allow the employee freedom of action and an opportunity to relax. Further, there are possible overtime implications if an employee works during an unpaid break period. Such time must be added to the employee's hours to determine whether the employee worked more than 40 hours in a workweek and, therefore, entitled to overtime compensation. Are there any legal restrictions on drug and alcohol testing in Michigan?
There is no general employee drug or alcohol testing law in Michigan at the present time and, therefore, no special procedures need to be followed in the administration of a drug and alcohol-testing program. However, public employers are subject to constitutional restrictions that prohibit random testing, except in cases where such tests are required by federal regulations such as the DOT (Department of Transportation) regulations applicable to employees who operate commercial motor vehicles. In addition, drug and alcohol testing of current employees - but not job applicants - is a mandatory subject of bargaining. To prevent invasion of privacy claims, only employees who have a need to know should have access to test results. It is recommended that any policy be in writing and that it be applied in an impartial and objective manner. Estate Planning, Probate, and Trust Administration What is probate?
In the case of a deceased individual, probate is the process prescribed by law by which a court oversees the administration of the deceased person’s assets. Probate is designed for the protection of the creditors of the deceased, the heirs of the deceased, and the beneficiaries of any will left by the deceased. Probate is required if the person who has died owned assets in his or her own name which were not jointly owned with someone else as joint tenants with rights of survivorship, as husband and wife through contract, or did not name a beneficiary who survived the deceased. If I have a will, does my estate avoid probate upon my death?
No, having a will does not avoid probate. A will is a legal document that, in general, states what the person who creates the will, usually called the testator, would like to happen after death to his or her property. A will can include a nomination of the person who will be the personal representative (formerly called executor) of the estate and who is to be named guardian and conservator for the care of any minor children. In order to be valid and controlling, a will must be admitted to probate after the death of the testator. This is done by a probate proceeding and, therefore, the probate court is involved. Until the will is admitted to probate by the appropriate probate court, no one has authority to take any action on behalf of the deceased’s estate, including collecting or distributing any of the assets of the deceased that are subject to probate. The will gives no lifetime benefits other than peace of mind that the testator has put in place a written document identifying his or her wishes. What happens to my assets if I die without a will?
The answer to this question is largely dependent upon how your assets are owned as of the date of your death, the makeup of your family, and the laws of the state in which you resided at the time of your death. If you are a joint owner of assets with rights of survivorship and another joint owner survives you, generally the assets will be owned by the survivor with no further action. This is a common method of ownership of assets between husband and wife, and results in the survivor of all assets held as husband and wife, or as joint tenants with full rights of survivorship, owning all such assets without any court involvement. Likewise, assets in your estate with a designated beneficiary who survives you generally avoid probate and are transferred to your beneficiary by virtue of the contract under which you are named the beneficiary. These assets are transferred to the beneficiary upon notice to the contract holder of your death. Typical examples include life insurance proceeds, individual retirement accounts (IRA), and 401(K) plans. For all of those assets titled solely in your name with no beneficiary designated who survives you, state laws in the state in which you reside at the time of your death will control how your assets will be distributed. Generally, such assets will go through a probate proceeding and state laws determine who your heirs are for purposes of inheriting your estate. State laws also dictate the probate process, which includes who is eligible to act as personal representative (executor) of the estate, notice to creditors, priority of claims, and how long the estate must remain open. In addition, if you leave minor children or children in need of a guardian or conservator, state law will set out the requirements and procedures for the appointment of a guardian or conservator for such child or children. If you want to take control of the issues pertaining to the distribution of your assets, including who is to receive assets, how much and under what conditions, nomination of personal representative and the name of the guardian and conservator for your children’s estates, you should pursue the preparation and completion of a will or other estate planning documents. Franchise What is franchising?
In the business context, a franchise is generally an independent business enterprise that distributes goods or services in connection with a network of independent franchisees, each linked to one franchisor. As a franchisee, you enjoy the benefits of being an independent owner of a business and the advantages of membership in a larger organization that often results in better volume purchasing and product promotion. A franchisor enjoys the advantages of distributing its goods and services through an organization with numerous outlets, while avoiding the difficulties of operating such outlets. Should I franchise my business?
It is important in addressing this issue to understand that the reason a person buys a franchise in lieu of starting his or her own business is that the buyer ("franchisee") believes that the franchise will be successful and profitable. While the hard work and ability of the franchisee is essential to this goal, the franchisee will still expect you ("franchisor") to make the business a success or at least greatly improve the odds of success. Therefore, it is important to consider the following, among others before making this decision: the profitability of your business; your experience in handling multiple sites; the ease or difficulty in teaching others about the operation of your business; and access to and sufficiency of startup and operating capital. What is the franchise agreement?
The franchise agreement, like the Uniform Franchise Offering Circular (UFOC), is a very important document. While the UFOC is intended to describe the franchisor and the franchise opportunity to the franchisee, the franchise agreement describes the legal commitments of the parties. The franchise agreement describes what each party agrees to do and other matters affecting the relationship. It may describe how the trademarks are licensed, restrictions on products and promotions, restrictions that will survive a termination of the agreement (such as covenants not to compete and similar restrictions) and similar contract provisions. As a legally binding contract that often has a term of many years, it is very important for both parties to have experienced legal advice and representation before the franchise agreement is signed. Immigration Am I eligible to apply for US citizenship?
You are eligible to apply if you are at least 18 years of age, and:
Am I allowed to work?
If you are not a US citizen or a permanent resident, to be able to work you need an Employment Authorization Document (EAD) or a non-immigrant visa such as an H-1B. Am I eligible for an Employment Authorization Document?
Your eligibility for EAD depends on the type of visa/ immigration status you have: for example if you are an asylee or asylum seeker; refugee; student seeking particular types of employment; applicant to adjust to permanent residence status; in or applying for temporary protected status; fiancé of a USC; and dependent of foreign government officials, among others. The EAD is valid for a year and is renewable. How can I get a Social Security Number?
You need Evidence of Lawful Admission of Permanent Residence, or a machine-readable visa with an unexpired foreign passport, or work permit card I have an Individual Taxpayer Identification Number (ITIN); can I work?
The ITIN does not authorize you to work. It is a document issued solely for tax purposes. Only non-citizens who are ineligible for a Social Security number can get an ITIN. I am getting married to a US Citizen; can I get a green card?
Yes, you can if the marriage is a “good faith” marriage and you are in the U.S. legally. When you marry a USC, you can petition for “Conditional Permanent Residence.” The condition will be lifted if 90 days before the second anniversary of the conditional residence the spouses file jointly to remove the condition. I was married to a US Citizen, but now I am divorced; can I get permanent residence anyway?
You may be able to do this if you can prove that the marriage was entered in good faith and then terminated. You will have to file a waiver to file for yourself as a joint petition cannot be filed. My spouse is a permanent resident; can I get permanent residence through my spouse?
You can. However, petitions for permanent residence for spouses of permanent residents fall within the Second Preference, and therefore it takes longer to obtain than petitions of US citizens. My child is a citizen; can I get permanent residence?
You can if your child is over 21 years old. What is the Diversity Lottery?
The Diversity Lottery is a way of obtaining Permanent Residence. A candidate can fill only one entry per fiscal year, which can be accessed through http://dvlottery.state.gov. The Department of State makes a random selection among all those who completed an electronic entry form and photo requirements, and notifies those selected. Remember there is no charge to download and complete the lottery application forms from the Department of State website. Intellectual Property and Software What is the difference between patents, trademarks and copyrights?
Patents grant a limited monopoly to make, sell or use inventions of the creator that are not obvious. To obtain a patent, the inventor must disclose the best mode of the invention. The patent monopoly is limited in duration, generally lasting for 20 years. A trademark is any word, symbol, name or device used by a merchant to identify his or her goods and distinguish them from others. In other words, trademarks serve to identify the seller of a product or service. Trademarks can last indefinitely as long as they continue to identify a single source of a product or service. Copyrights protect original works of authorship that are fixed in a tangible means of expression. This can include graphics, sounds, sculptures, or other tangible expressions. A copyright exists from the moment of creation by its author/creator and can last more than one hundred years under current law. Must I register my copyrights, patents or trademarks?
In the United States, a copyright exists from the act of creation independent of any registration; however, effective enforcement of a copyright requires registration. Patents are grants that can be acquired only through application. The right to protection of a trademark arises from use of the trademark. Registration of the trademark gives the registrant additional advantages in enforcement of their trademark rights. Various deadlines require early registration or application, so anyone seeking to perfect these rights are encouraged to take immediate action. Failing to promptly protect rights may result in a waiver or inability to enforce them against others. If I have protection of these rights under the laws in the United States, do I have protection in other countries?
Copyrights are not generally limited by territory. In addition, the law regarding infringement and what may be a fair use of the copyright will be different from country to country. While the United States permits copyright registration, many countries do not have such a procedure and any enforcement is done on a case by case basis. Care should be taken, therefore, in preserving such rights and avoiding infringement of the rights of others in other countries. Trademarks are generally territorial, being only established in those geographic areas or countries where they are used or where they are registered. In some cases, "famous" marks may be entitled to slightly more protection, but this situation varies from country to country. Patents, like trademarks, are generally territorial and separate applications must be filed in each country to properly preserve these rights. Landlord-Tenant Is there any danger in the use of "form" residential lease agreements found on the Internet, in do-it-yourself form books or in similar sources?
Yes. The common-law principle of freedom of contract does not apply to residential lease agreements. Michigan regulates the residential landlord/tenant relationship through a number of statutes including the Security Deposit Act, the Truth-In-Renting Act and the Michigan Consumer Protection Act. Additionally, many Michigan cities have adopted ordinances that specifically regulate the content of written leases for residential premises within those cities. These statutes and local ordinances prohibit certain lease provisions and require that certain unique provisions be included. Ready-made "form" leases rarely satisfy the requirements of these statutes and ordinances. Thus, use of form leases without review by legal counsel is risky and not recommended. Use of a written lease agreement that violates one or more of these statutes or ordinances may and often does result in a violation of a tenant’s legitimate rights and financial loss to the landlord, including the assessment of minimum damages established by statute and, in some cases, the requirement that the landlord pay the tenant’s attorney fees. Additionally, anti-discrimination statutes, including the Elliott-Larsen Civil Rights Act, the Michigan Handicappers’ Civil Rights Act and the Federal Fair Housing Act apply to residential leases, providing that the parties to such transactions may not discriminate on the basis of certain characteristics, including religion, race, color, national origin, age, sex, familial status, marital status, or physical or mental handicap. It is certainly possible that form lease provisions still in circulation violate one or more of these anti-discrimination laws. Is there a limit in Michigan on the amount of a security deposit in a residential landlord-tenant relationship?
Yes. A residential lease security deposit may not exceed one and one-half times the monthly rent. Additionally, the Security Deposit Act requires that certain procedures be followed for the check-in and check-out of residential tenants and contains very precise provisions as to how and when a landlord must notify a tenant of a claim against a security deposit. Failure to comply with these provisions may result in loss of the security deposit and, in certain circumstances, the requirement that a landlord return double the amount of the security deposit to the tenant. Does Michigan law regulate the means by which a landlord may recover possession of leased premises?
Yes. Michigan law specifically prohibits self-help evictions, requires that the District Courts supervise all eviction proceedings and imposes stiff penalties on anyone who attempts to forcibly remove a tenant from rental (or land contract) premises. The appropriate legal action, known as summary proceedings to recover possession of realty, is intended to provide prompt relief to both landlord and tenant in such circumstances. The rights of the landlord and the tenant as well as the procedures to be followed are uniform throughout the State of Michigan. Before commencing a summary proceedings case, a landlord must give the tenant a Notice to Quit, stating the grounds on which the tenancy is being terminated. Failure to comply with the notice requirements of the summary proceedings statute results in dismissal of the eviction lawsuit. Additionally, a landlord’s acceptance of rental payments for a time after the termination date stated in a Notice to Quit waives the Notice to Quit. Therefore, the use of court approved form Notices to Quit and consultation with legal counsel in these circumstances is recommended in order to insure prompt and efficient resolution of such matters and collection of the maximum amount of rent available under the circumstances. Real Estate and Construction My spouse and I owned our home jointly, as husband and wife. My spouse has now died, must I do anything to get the property solely in my name?
In Michigan, it is not necessary for a surviving spouse to take any action at the time of the death of the one spouse. By virtue of owning the property as husband and wife, the survivor automatically is the owner of the property. However, if the survivor intends to sell or otherwise dispose of the house, it will be necessary to record a certified copy of the deceased spouse’s death certificate with the Register of Deeds in the county where the real property is located to provide evidence that the survivor is the sole owner of the property. What does the designation "tenants in common" mean?
Tenants in common is a method of jointly owning real property. In Michigan, parties who own property as tenants in common do not succeed to the ownership of the fractional share of the property owned by a deceased tenant in common. In other words, there is no right to survivorship and the interest of the deceased tenant in common will go to his or her heirs, beneficiaries, or assigns. In contrast, property owned pursuant to a deed where it is designated that the joint owners are joint tenants, joint tenants with full rights of survivorship, or husband and wife, own all of the deceased’s interest in the property at the time of the deceased’s death. For instance, if three people own property as joint tenants and one of the three dies, the surviving two own all of the property, and when one of the two survivors dies, the last to survive owns all of the property. A person who owns an interest in property as a tenant in common can sell his or her interest. Also, if the property subject to the tenancy in common is such that a tenant in common who wants to sell his or her share cannot sell because no one would buy a proportionate interest in the property, the tenant in common can ask the court to partition the real property by sale. This means that the tenant in common asks the court to order the property to be sold and, if it cannot be effectively divided so that the other joint owner or owners can retain real property, the court can order the entire property sold and the proceeds distributed to the respective owners in the interests determined by the court. I have given permission for my neighbor to use a part of my property for a garden. If my neighbor continues to use the property for 20 years, does my neighbor become the owner of that property?
No. If you give permission for the use of your property, the permission can be revoked at any time. This is typically called a license and a license can be revoked. If you are going to allow someone to use your property, however, it is best to have your agreement in writing so that there is no question that the use is by permission. Social Security Disability What is the difference between regular Social Security and Social Security Disability benefits?
Regular Social Security is a benefit for persons over 65 years old (or at a reduced amount at age 62). Social Security Disability is a benefit for people under 65 years old who are disabled from working. The amount of the monthly disability benefit is about the same as the retirement benefit would be. My doctor currently has me off work - am I entitled to Social Security Disability benefits?
To be entitled to Social Security Disability benefits, you have to be totally disabled from any full time, gainful employment and such disability must be expected to last at least a year. However, if you are over 50 years old, you may be found disabled if you can do only "sedentary" (mostly sitting) work, and over 55 years old, if you can only do "light" work (can’t lift over 20 lbs. or do much standing). If I am granted Social Security Disability, what happens to my benefits if I try to return to work?
If your medical condition is such that you are able to try to work, you can usually get a Trial Work Period, whereby your benefits would continue for nine months even while you are working. If you are successful, your benefits will then stop. However, if it turns out you are not able to complete the nine months, your benefits will continue. In addition, if within the next few years your disabling condition again stops you from working, you may be able to go directly back on Social Security Disability. Warranty and Lemon Law Our company is considering offering an extended warranty program for certified used vehicles. Will cars sold under this program be subject to Michigan’s lemon law?
Possibly. By its express terms, the lemon law applies only to "new motor vehicles." Ironically, however, vehicles warranted under a used car certification program may fit the lemon law’s definition of "new motor vehicles." The lemon law defines "new motor vehicle" as "a motor vehicle that is purchased in this state or purchased by a resident of this state and is covered by a manufacturer’s express warranty at the time of purchase." To be covered by the lemon law, the defect or condition must be reported to the manufacturer or the new car dealer during the period of the manufacturer’s express warranty or not later than one year from the date of delivery of the new motor vehicle to the original consumer, whichever is earlier. Therefore, because these certified used vehicles would be covered by a manufacturer’s express warranty at the time of purchase, they probably fall within the definition of "new motor vehicle" under the lemon law. Practically speaking however, because the defect or condition that gives rise to liability must be reported within one year from the date of delivery to the original consumer, very few used cars would actually be entitled to lemon law protection. The purchaser of a used vehicle may have rights under other statutes, however, such as the Uniform Commercial Code, the Michigan Consumer Protection Act or the Magnuson-Moss Warranty Act. Does Michigan’s lemon law apply to leased cars?
Yes and no, depending on when the vehicle was leased. Michigan’s lemon law does not apply to vehicles that were leased before January 1999. However, the legislature recently revised the statute to bring leased vehicles within its protections. Accordingly, the lemon law does apply to new motor vehicles that were leased after January 1, 1999. May a consumer "revoke acceptance" of a motor vehicle if he or she subjectively feels that its use or value is substantially impaired?
Although Michigan courts apply a "subjective" standard to a consumer’s claim that the use or value of the motor vehicle has been substantially impaired, recent case law suggests that this standard has an objective element as well. In other words, not only must the consumer subjectively believe that their vehicle’s use or value has been substantially impaired, but the consumer must also be objectively correct in their assessment. Workers’ Compensation I was injured at work on my first day of employment. Am I entitled to workers’ compensation benefits?
Yes, you are entitled to workers’ compensation benefits. There is no requirement concerning length of time you must be employed to be entitled to benefits. I have been receiving weekly workers’ compensation benefits for over a year. Is there any alternative to "weekly benefits"?
There is something called a "lump sum settlement" or a "redemption" which means you receive a single payment and effectively "settle" your claim. However, the employer/insurance company is not required to offer a lump sum settlement, nor are you required to accept it. Does my health insurance pay my medical bills while I am off for my work-related injury?
The medical bills should be paid by the workers’ compensation insurance company.
Attorneys:
Lawrence Sperling |
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