Getting injured on the job is the last thing you think about when you leave for work in the morning. But accidents do happen, sometimes through the fault of others, and sometimes as freak accidents that no one saw coming.
If your injury took place through no one’s negligence, and your employer is compliant with worker’s compensation requirements in your state, you should be entitled to worker’s compensation benefits. In some incidents where liability can be established and other conditions exist, you may be able to sue for personal injury as well.
In either case, there can be a large gap between the time the accident that caused your injuries occurred, and the time you receive your first compensation check.
Worker’s Compensation vs Personal Injury Claims
Worker’s compensation laws began to appear in the United States in the early 1900s, with each state legislature drafting its own version of the program, and with its own agency to administer it. The laws are intended to provide sick or injured workers with compensation for lost wages, medical expenses and rehabilitation treatments.
The main principle that distinguishes worker’s compensation from personal injury cases is that worker’s comp is paid to injured workers regardless of fault. The tradeoff for employers who participate in the program is that they face limited liability, capping the amount they need to pay. In other words, employers are only responsible for specific benefits outlined in the state statute, in exchange for protection from negligence lawsuits.
The Role of Negligence in Industrial Injury Cases
Whether you are injured while on your workplace premises, or off-premises while doing work-related tasks, you do not have to prove negligence to file a worker’s comp claim. You are entitled to compensation, even if the injury was your own fault. However, worker’s comp only covers the basics, like medical expenses, lost wages and ongoing rehabilitation. It does not provide compensation for pain and suffering, or for punitive damages.
Anyone can file a personal injury claim if their injury is due to someone else’s neglect. There are some instances where a worker can file a personal injury lawsuit in addition to claiming worker’s comp, but the bottom line is that they have to prove their injury occurred due to another party’s negligence.
The negligent party could be someone other than the employer, including an equipment manufacturer, the owner of the building where the business is located, the manufacturer of a defective product, exposure to a toxic substance, or the negligence of another party who is not employed by the company.
The best way to determine how you can receive maximum compensation for your injury is to consult an attorney who specializes in workplace injury cases.
Legal Funding for Industrial Injury Settlements
Workers comp is sometimes fairly straightforward, if the injury does not lead to full or partial disability. However, if the worker is disabled, things like lost wages, ongoing care and other factors can be difficult to assess. Getting a fair settlement from a worker’s compensation claim can take time while your lawyer negotiates with the insurers.
Likewise, personal injury claims can take months to settle. Establishing negligence, negotiating the award amount with insurers, and taking the case to court are all lengthy processes. In most cases, delays work to the injured party’s advantage, especially if you have a strong case. But holding out for your settlement can take a toll on your finances.
Cronus Capital Group provides pre-settlement medical loans and legal funding for people who have a pending injury claim. The money is meant to cover your basic needs while you wait for your settlement to go through. Unlike a regular loan where you make monthly payments, pre-settlement lawsuit funding is deducted from your settlement amount, costing you nothing out of pocket.
Post-settlement funding serves a similar purpose. It is intended to bridge the gap between the time your settlement is agreed upon and the date you actually receive the funds.
Legal Funding Services in NYC
If you live in Queens, Brooklyn or Manhattan, Cronus Capital Group is nearby to help you with legal funding while you wait for your case to settle. The 3-step process is simple:
- Fill out a simple application form, online or over the phone.
- Provide us with contact information for the attorney handling your case.
- Get approval and a cash advanced in as little as 24 hours.
If you are suffering from an industrial injury and need financial assistance, contact Cronus today. Let us help you with your expenses, so you can focus on recovery.