Pre-settlement funding: Workplace Injury

Pre-settlement funding for workers’ compensation claims.

On-the-job injuries and occupational disease claims. State rules on third-party funding in workers' compensation matters vary, and some states restrict it.

Non-recourse funding is repaid only from a settlement or award. Independent capital providers set the terms.

Bills do not wait for your case.

Rent, medical bills and living costs keep arriving while a case moves through the court. An advance against a pending case can cover them and is repaid only if the case produces a recovery.

Overview

How workers’ compensation cases are reviewed

Some states permit third-party involvement in workers' comp proceedings, and others restrict it. These cases typically involve on-the-job injuries, occupational diseases, and repetitive stress injuries. Because workers' compensation is a state-administered system with specific rules about recovery and attorney fees, underwriting involves additional consideration of the applicable state framework.

On-the-job injuries from equipment accidents, falls, and workplace incidents
Occupational diseases: asbestos exposure, chemical exposure, hearing loss, and repetitive stress
Third-party claims separate from the workers' compensation proceeding
Subject to state law, so contact us to discuss the rules in your jurisdiction
Qualifying criteria

What makes a qualifying case

Not every claim is a fit for funding. These are the factors our review weighs most heavily for this case type. Meeting them does not guarantee that a provider will fund.

A workers' compensation claim in a state whose rules permit funding of such matters
A documented on-the-job injury or occupational disease with corresponding medical treatment
An accepted or strongly supported claim with an estimable recovery
Retained counsel handling the workers' compensation matter

Requirement 1

Claim in a state where workers' compensation funding is permitted

Requirement 2

Documented work injury or occupational disease with treatment

Requirement 3

Retained counsel and an estimable recovery

Terms

How terms are set

Rates and terms are set by the capital provider and written in the provider’s agreement before signing.

Term
How it works
Decision
Made by the independent capital provider, not by Criterica Capital
Advance size
Set by the capital provider
Pricing
Set by the capital provider and written in its agreement before signing
Repayment
Non-recourse funding is repaid only from a recovery. The provider’s agreement states the terms.
Process

How the process works for workers’ compensation claims

  1. STEP 1
    Apply
    Confirm your state is eligible for workers' compensation funding before applying. Contact us directly.
  2. STEP 2
    Documentation
    Your attorney provides the workers' comp claim status, injury documentation, and expected recovery information.
  3. STEP 3
    Provider decision
    Independent capital providers review the file, decide whether to fund and set their own terms. Criterica Capital does not make the funding decision.
  4. STEP 4
    Provider agreement
    If a provider funds the case, the provider's agreement states how and when funds are paid.
Underwriting

How we underwrite this case type

Workers' compensation underwriting begins with confirming that your state permits third-party funding of these matters, since some states restrict it. We then evaluate the claim status, the injury documentation, and the applicable state framework for benefits and settlement. Where a separate third-party personal injury claim exists alongside the comp claim, we evaluate that claim independently. Expected recovery is modeled against the state-specific settlement structure.

Typical timeline

Workers’ compensation matters vary widely by state, commonly resolving within 12 to 36 months depending on the dispute and the path to settlement.

By state

Workers' Compensation Funding by state

Statutes of limitations, comparative-fault rules and damages caps for this case type vary by state. Select a state for the rules that apply.

FAQ

Workers' Compensation Funding: common questions

Pre-settlement funding is a non-recourse purchase of a portion of the proceeds of a pending legal claim — not a loan. If the case does not result in a recovery, nothing is owed. Rates, fees, and repayment terms are disclosed in full in the funding agreement, which the applicant’s attorney reviews before signing. Availability and terms vary by state.

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