Workers Compensation Facts
If you experienced a job-related injury, the right legal expertise will help you discern the best course of action. If your case warrants a lawsuit, LawCapital can potentially assist you with financing in the time between the filing and settling your claim.
Although recent publicity about workers compensations cases highlights a few fraudulent cases, the vast majority of these claims are legitimate. Lisa Cullen, contributing editor for Occupational Hazards magazine, writes, “Certainly, the tens of thousands of workers killed every year were hardly aiming for a free ride on their employer’s tab.”
“Pain and suffering” awards are excluded from workers compensation lawsuits. However, third-party litigation (where a claimant is suing someone other than his or her employer or employer’s insurance company) may, in some cases, include a pain and suffering component.
No matter which state or what injury, tales of workers compensation experiences are linked by two common frustrations: inadequate medical care and lengthy legal hassles.
Consider the VA nurse that was assaulted by a patient. The torn ligaments and tendons in her hand were treated by an orthopedic surgeon specializing in hips and knees, instead of a hand specialist. It took over two months for her to be referred to a hand specialist; that, only after her hand was healing unsatisfactorily. When she requested copies of her medical file, those documents were delayed for over a month with a “broken copier” cited as the excuse.
“Workers comp hopes that a person will just give up and call it quits and sometimes I feel that way,” writes a man crushed by a truck on the job.
LawCapital specializes in the funding of settled and pre-settled workers compensation lawsuits. During the funding process, LawCapital requests some of the case documentation, underwriting evaluates the lawsuit to determine whether funding can be extended, and if approved, a contract is issued for the injured party and his/her attorney to sign. The injured party’s attorney then repays the lien when the case is resolved. All funding is non recourse, which means that if for any reason, there is no recovery on the case, then no money is owed back.