Call us now at 1-800-598-1178
to get started.
Workers who have been injured
on the job and who have retained an
attorney to bring a workers' compensation (a.k.a. workmen's
compensation, workman's compensation, or workers' comp for short)
lawsuit may be eligible for
an advance on the settlement from their workers compensation
lawsuit. The first eligibility criteria is the state in which the
workers' compensation claim is being made. The states in which we
are able to advance on workers' compensation cases are listed
below. Please note that this list is subject to change as state
laws change.
- Alabama
- Arizona
- Arkansas
- Connecticut
- Delaware
- Florida
- Georgia
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Mississippi
- Missouri
- Montana
- Nebraska
- New Hampshire
- New Mexico
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Vermont
- West Virginia
The states listed below
are those in which lawsuit funding on a workers' compensation lawsuit CANNOT
be done. The reason for
this is that the settlement is paid
directly to the injured worker rather than being paid to the
attorney first. The attorney must be in position to repay the lawsuit
funding advance. The attorney cannot do that if the attorney does
not receive the settlement payment for your workers' compensation
lawsuit. In the states listed below one check is sent to the
attorney for their fee and a separate check is sent to the injured
worker as settlement for their workers' compensation lawsuit..
- Alaska
- California
- Colorado
- Hawaii
- Maryland
- Massachusetts
- Minnesota
- Nevada
- New Jersey
- New York
- North Carolina
- Ohio
- Oregon
- Pennsylvania
- Texas
- Utah
- Virginia
- Washington, D.C.
- Washington state
- Wisconsin
- Wyoming
The following states are
handled on a case by case basis. Consult your attorney to
determine if the settlement in your case will go to the attorney first,
and if the attorney will then write you a check for your share of the
settlement.
Generally speaking, lawsuit
funding can be obtained on workers' compensation lawsuits if the
plaintiff (the injured worker) has obtained a disability rating, liens
are permitted, and
direction of settlement payments is 100% through the attorney's trust
account. We recommend that you check with your attorney if these
conditions are true for your case in your state before seeking lawsuit
funding for your workers' compensation lawsuit
against your employer.
Aside from state workers' compensation laws, there are also 2 federal
laws that apply to work-related injuries for which lawsuit funding can
be obtained. One of these is the Jones
Act
which applies to injuries that occur on boats, ships, barges, and oil
rigs. The other is FELA.
This law applies to injures that occur on railroads.
Unfortunately, the federal, law that is directed at injuries to
longshoremen and harbor workers does NOT qualify for lawsuit funding
because the settlement under this law is paid via separate checks to
the attorney and the injured worker. Since the attorney does not
have control of the injured worker's settlement, the attorney will not
be able to repay an advance against those settlement proceeds. Therefore, lawsuit funding advances are NOT
possible in cases under the federal longshoremen and harbor workers law.
If you were injured on the job through the fault of someone other than
a
person working for your employer, then you also may be able to bring
what is known as a "third-party" lawsuit. Please click
here to learn more about "third-party" lawsuit funding.
The documents we need to see
for workers' compensation lawsuits include the following
- attorney/client
retainer agreement (optional)
- incident report (if exists)
- workers' compensation petition
- medical records including emergency room reports, X-ray
reports, MRI reports, CAT scan reports, surgical reports, and doctor's
narrative reports summarizing your medical condition at the time of the
exam by the doctor
- occupation and salary on date of incident
Several basic questions
about
lawsuit finding are answered on the page FAQ's
About Lawsuit Funding.
If you have additional
questions, or if you would like to learn if your
lawsuit qualifies for lawsuit funding, please
click here to contact us, or
Call us now at 1-800-598-1178
to get started.
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