Q: Can we cash it or is the boss entitled to it?
My husband is an independent contractor for a private courier company and drives a work van for the company. About 2 weeks ago he was rear ended in his work vehicle and sustained minor injuries (whiplash and neck/back pain). Police and his boss were called to the scene and insurances exchanged etc. The young lady in the other vehicle had Fred Loya insurance and apparently they were trying to settle with my husbands boss less than what he felt like he was owed. About a week ago my husband received a phone call from Fred Loya asking about his injuries and stated they were sending him a $500 check for the injuries. We got the check but now my husbands boss is saying we are not allowed to cash this check because he "may need that money to fix the van". The check is made out strictly to my husband for his injuries but his boss is threatening legal action and/or a dock in his pay if we cash the check and use it ourselves. Is there anything we can do at this point?
A:
No. Your husband may be entitled to more. He shouldn't cash. Also, workers comp would have a claim and you cash it is't on your husband. .Your husband needs to talk to a member of the Texas Trial Lawyers Assn--they give free consults.
Boss isn't enttitled to that. If he's worried about the van then that gets covered by the other persons property damage insurance.
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