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An employee who has suffered a work-related injury will likely receive compensation from the employer for loss of wages and related medical expenses. Workers’ compensation insurance helps injured employees during the recovery period and is required per many state and federal laws. Certain occupations, though, are not covered by these requirements, with independent contractors being one of them. There are, however, occasions when these workers may be able to bring a lawsuit against an employer for a workplace injury caused by safety regulation violations.
Of course, lawsuits are often unpredictable, expensive, and time-consuming. The financial strain and emotional toll that legal cases take on an individual and their family can be extremely heavy. Hospital expenses, medical costs, and legal fees can mount quickly and create financial stress that many people cannot handle while waiting for a settlement. Our company, The Legal Funding Group, knows how difficult it can be for an injury victim. We are committed to lifting this weight whenever possible by providing work injury lawsuit loans to get outstanding bills paid and allow for the time needed to pursue an injury lawsuit to a successful end.
What Constitutes a Work Injury?
Employees who have incurred a workplace injury must get confirmation that the injury is indeed work-related. The injury had to occur when the worker was performing job duties or another task for the employer. Listed below are some of the factors used to determine whether an injury is work-related:
- Injuries that happen on a lunch break are not typically considered work-related unless they occur on company property like the cafeteria, or they somehow involve the employer.
- Injuries occurring during company events like picnics, parties, or social events are usually considered work-related. There are exceptions in some states if the employer has not required employees to participate in such an event.
- In cases where a preexisting condition has worsened, it is typically not considered to be work-related.
- Injuries that happen while workers are commuting to or from work are not often determined to be work-related. However, there are exceptions. These include occasions when a company vehicle is being driven, or the employee is doing business traveling, or is doing a particular task for the employer, or is driving a personal vehicle while doing business. Such exceptions also include workers who regularly travel for work or who have no fixed worksite.
- Injuries that occur due to an employee acting against workplace safety rules are considered work-related and may still be covered by workers’ compensation. Of course, state laws do come into play and the level of the employee’s misconduct.
- Injuries that happen over an accumulated period can be work-related and thus covered by workers’ compensation insurance. However, proving that a stress injury, occupational disease, psychological illness, or long-term physical injury is work-related may be difficult. Various rules and exceptions exist by state.
An Employee’s Rights
Every state has specific labor laws and guidelines. Because each independent state has its own autonomy, workers’ rights may vary when compared. Also, there are varying procedures in place to ensure these rights legally. However, certain rights are the same in most states. These include:
- A workplace injury or illness claim may be filed in state industrial court or workers’ compensation court.
- An injured employee has the right to receive medical treatment and a doctor’s care.
- An injured employee has the right to return to work after release from a physician.
- An injured employee has the right to receive some compensation for disability if prevented (temporarily or permanently) from returning to work because of the injury or illness.
- An injured employee has the right to appeal a workers’ comp court decision or an employer’s decision or an insurer’s decision.
- An injured employee has the right to an attorney’s legal representation throughout the entire process.
Additionally, an injured employee has a right to decline any requests or offers being presented. For example, if an injured worker is being asked by the employer to use benefits from a personal health insurance policy to cover medical treatment for a workplace injury, the employee can refuse. If an injured worker is being promised an incentive for not filing a claim, the worker should decline the incentive. This is an illegal action by the employer.
Waiting for a Work Injury Settlement
The team at The Legal Funding Group has financial options for injured workers who are involved in a lawsuit. We have streamlined the process, and financial assistance can be approved in as little as 24 hours. With our work injury pre-settlement funding options, the injured worker will never have to repay the funds if the lawsuit ends unfavorably. This is referred to as non-recourse funding.
Without question, a work accident can have a long-term, devastating effect on an employee’s entire family. Sadly, it can be years before a settlement finally manifests, but the pain and suffering can continue throughout the entire process. Some workers are never able to return to work due to the severity of the injuries. Work injury legal funding can help injured workers avoid complete financial failure and stay afloat until a settlement payout arrives.
How to Apply for Work Injury Legal Funding
The requirements for applying to receive funding include:
- Need to have a lawyer who was hired on a contingency fee basis
- Need to have a valid claim against an insurance company or a self-insured entity
- Need to be over 18 years old
To accurately estimate a workplace injury lawsuit’s value, bodily injury is a significant factor. The severity of such injuries directly correlates to the case’s value and the cash advance amount available.
What Work Injury Legal Funding Options Are Available?
The Legal Funding Group has work injury lawsuit loan options available for each phase of the litigation process. Some people need financial assistance before a settlement agreement is reached, while others need financial help after settling the case but before the payout is made. Our clients receive the support they deserve to enable them to continue fighting for the justice they deserve. We monitor our clients’ cases to help ensure their outcomes are successful.
Pre-settlement funding
Lawsuits may take months or years to culminate in a legal decision or settlement. Such a lengthy process can take a heavy toll on the injured party. Our work injury pre-settlement funding option can help with medical costs, legal bills, and ordinary everyday expenses. With this money, an injured worker can return to some sense of normalcy and financial security during the interim before the case is resolved.
Post-settlement funding
This option gives injury victims the ability to receive funds after the legal case has been resolved but before payout has occurred. The defendant may have decided to file an appeal, further lengthening the wait. This action could hold up a payout for a very long time. Our post-settlement option allows the injured worker to receive cash assistance right away.
Settlement Cash Advances
With this option, a victim receives upfront the full amount of funds expected as a payout from the lawsuit. This work injury cash advance can bring a tremendous sense of relief to an injured person who has been virtually buried by debt due to an inability to work.
Apply for a Work Injury Lawsuit Loan Today
For help making it through the difficult and time-consuming process of a workplace injury lawsuit, make a call to a company that can assist with the necessary finances required.