Pre-Settlement Funding
Workers' Comp Settlement Funding — Cash Advance While Your Claim Is Pending
Workers' compensation pre-settlement funding — also called a workers' comp cash advance or settlement advance — provides money now based on the anticipated value of your pending workers' comp claim or related civil lawsuit. You repay from your settlement or award if your case results in a recovery. If it does not, you typically owe nothing.
Unlike a loan, there is no credit check, no employment verification, and no monthly payment. Eligibility is based on the strength and expected value of your claim, not your financial history.
Workers' comp funding availability depends on the specific structure of your case and the state where the injury occurred. Caseflow reviews each case individually with your attorney to determine what may be available.
Comparison
Workers' Comp Claims and Third-Party Claims: What's the Difference?
Many injured workers have two separate legal matters running at the same time: a workers' compensation claim against their employer's insurer, and a third-party civil lawsuit against another party who caused or contributed to the injury.
A third-party claim arises when someone other than your employer was at fault for your injury. Common examples:
- A subcontractor or general contractor on a construction site created unsafe conditions
- A defective piece of equipment or machinery caused the injury
- A delivery driver or other vehicle operator caused an accident on the job
- A property owner (other than your employer) failed to maintain safe premises
Third-party claims are civil lawsuits — separate from the workers' comp process — and are often more straightforward to review for pre-settlement funding. If your work injury involves a third-party claim, that is typically the primary basis for a funding review.
At Settlement
What Workers' Comp Cases Qualify for Pre-Settlement Funding?
Caseflow reviews the following types of workers' compensation matters:
- Workers' comp claims with serious or permanent injuries
- Third-party civil claims arising from a workplace accident
- Construction site accidents involving general contractors, subcontractors, or property owners
- Industrial and manufacturing accidents caused by defective equipment
- Delivery and transportation injuries with third-party liability
- Occupational disease claims with an identifiable liable party
- Workplace accidents where a third party's negligence contributed to the injury
To qualify, your case must be active and not yet resolved. You must have an attorney representing you. The specific funding options available depend on the structure of your claim and the state where the injury occurred — apply and Caseflow will review your situation with your attorney.
Why It Matters
Why Workers' Compensation Cases Take Longer Than Expected
Many injured workers expect workers' comp to resolve quickly. In practice, serious claims often involve extended timelines because:
- Permanent impairment ratings require completion of medical treatment and evaluation by physicians — this process alone can take a year or more after a serious injury
- Employers and insurers often dispute the extent of injuries, ability to return to work, and whether conditions are work-related
- Third-party civil lawsuits run on their own timeline, often slower than workers' comp administrative proceedings
- Liens and subrogation rights between the workers' comp insurer and any third-party recovery must be negotiated
During this waiting period, income replacement benefits may be limited or disputed. Pre-settlement funding is designed to cover the financial gap during this process.
Funding Amounts
How Much Can I Get on a Workers' Comp Case?
The amount available depends on the expected value of your specific claim — including injury severity, permanent impairment rating, income loss, and the scope of any third-party civil claim. Cases involving serious injuries with third-party liability tend to support higher funding amounts.
Timing
How Fast Can I Get a Workers' Comp Cash Advance?
Caseflow aims to complete most reviews within 24-48 hours of receiving your application and case details from your attorney. Workers' comp cases with clear third-party liability tend to move faster through the review process.
How It Works
How to Apply for Workers' Comp Pre-Settlement Funding
Step 1: Apply Online
Provide your contact information, the injury date and state, the case
type (Workers' Comp), the amount you are requesting, and your
attorney's information. If you have both a workers' comp claim and a
third-party lawsuit, note that in the application.
Step 2: Caseflow Reviews Your Case with Your Attorney
Caseflow contacts your attorney to review the case structure — both
the workers' comp claim and any third-party lawsuit — and gathers the
details needed for underwriting. Your attorney must acknowledge any
funding agreement before funds are issued.
Step 3: Review the Offer and Decide
If an offer is available, you receive the proposed amount, repayment
terms, and the full agreement to review before committing. No obligation
to accept. If you agree and paperwork is complete, funds are sent —
typically within one to two business days.
Q&A
Frequently Asked Questions
Can I get pre-settlement funding on a workers' comp claim?
Caseflow reviews workers' compensation cases for pre-settlement funding. Eligibility depends on the structure of the claim, the state, and whether a third-party personal injury claim is involved. Apply and Caseflow will review your specific situation with your attorney.
What is a third-party workers' comp claim and why does it matter for funding?
A third-party claim arises when a party other than your employer caused or contributed to your work injury. Third-party claims are civil lawsuits separate from the workers' comp claim and are often more straightforward to fund.
I was injured on a construction site. Can I get pre-settlement funding?
Construction site injuries often involve third-party liability — general contractors, subcontractors, equipment manufacturers, or property owners. If a third-party civil claim is part of your case, Caseflow reviews that claim for funding.
My workers' comp case involves a serious, permanent injury. Does that help?
Serious and permanent injuries typically support higher expected case values, which can affect the amount available in a cash advance. Each case is reviewed individually.
How long do workers' comp cases typically take to settle?
Workers' compensation cases can take anywhere from several months to several years to resolve, depending on injury severity, impairment disputes, and whether litigation is involved. Pre-settlement funding is designed for exactly this waiting period.
My employer is fighting my workers' comp claim. Can I still apply?
A contested workers' comp claim is still an active claim. If there is a third-party civil claim alongside the contested workers' comp matter, that claim may be reviewable for funding.
Does my attorney need to be involved?
Yes. Caseflow requires an attorney before reviewing funding options. For workers' comp and third-party cases, your attorney confirms claim details and must acknowledge any funding agreement before funds are issued.
Pre-Settlement Funding
Ready to Apply?
If you have an active workers' comp claim or related third-party lawsuit and need help covering expenses, Caseflow can review your application within 24 hours. Apply and we'll review your specific situation with your attorney.