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TriMark Legal Funding has provided pre settlement loans on workers comp cases nationwide since 2003. If you’re in a financial bind, workers compensation lawsuit funding could put cash in your hands as quickly as tomorrow.

Welder Workers Comp Settlement LoansAn injury at work is painful in more ways than one. An accident at work can result in more than just physical pain. It can also cause diminished income, and with it, a barrage of financial problems to you and your family – which is why many plaintiffs need workers comp settlement loans.

Settlement funding or a workers comp settlement loan may be the answer you’re looking for. This type of financing lets you advance a portion of the settlement money or structured settlement payment you’re expecting. In turn, you can use the cash to iron things out: your rising medical bills, skipped mortgage payments, and inescapable living expenses.

You can get these stressors out of the way while you recover from your injury and fight for the compensation you deserve.

If you filed a third-party liability claim against your employer, you might be eligible for pre settlement or post settlement legal funding on top of your workers compensation.

What Is Workers Compensation Lawsuit Funding?

Workers comp settlement loans are a lifeline for plaintiffs who are suffering in the hands of this unholy trio: a crippling injury, a protracted legal battle, and a demanding financial ordeal.’

A workers comp cash advance is fast, affordable, and risk-free.

To be clear, it is an advance you make on your anticipated settlement. Unlike traditional bank loans, this form of financing is non-recourse. This means you can keep the advance you made if you lose or do not get paid the amount you agreed on.

At TriMark, we are known to offer low rates that are non-compounding, so you can keep your future money safe.

And here’s the clincher: your funds can be in your account by tomorrow. 

We don’t perform background checks of your credit score, income status, and employment status. Those are irrelevant. Our bet is solely placed on the merits of your case. So we use them as a basis for your approval.

How Does It Work?

Our process is pretty simple.

Application can be done online or through the phone. This is usually fast provided that you have the information and documents we require.

We will then review your application, including your case and related files. This step includes some collaboration with your attorney. Give us around 24 to 48 hours to complete the tasks.

Once we reach a decision, we will let you know about it. If your case is approved, you can expect the money in your account within one to 24 hours of approval.

Finally, your funds are transferred to your chosen disbursement channel.

How to Qualify for Workers Compensation Settlement Funding

TriMark financing services exist in virtually every state. We focus on personal injury and employment claims, which may include workers comp.

In particular, a few conditions must be satisfied for you to qualify for a workers comp settlement loan:

  • You must have a contingent-fee attorney who is willing to cooperate;
  • You must have an accepted workers comp claim; 
  • You cannot have received any prior funding on your case; and
  • You must reside in one of the eligible states (see below).

This is where it gets tricky. We can’t fund against your case if you don’t have a separate third-party liability suit, such as premises liability or product liability. You must also have serious injuries associated with it to complete the criteria.

These ARE THE ONLY STATES THAT ARE ELIGIBLE for workers comp settlement loans:

Alabama, Alaska, Connecticut, Delaware, Florida, Idaho, Illinois, Indiana, Iowa, Louisiana, Mississippi, Missouri, Montana, New Mexico, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Washington, and Wyoming.

Unfortunately, if you don’t find the state your worker’s comp case is in from the list above, you are ineligible for a workers comp settlement loan.

About Workers Compensation Benefits

You can find four types of benefits provided in almost all states. However, they can differ in amount and delivery from state to state. These are medical coverage, disability benefits, rehabilitation, and death benefits. 

Medical Coverage

This is the most common coverage received by workers comp claimants. It covers most medical costs, such as treatment, doctor consultation, diagnostic tests, medications, physical therapy, and durable medical equipment.

Typically, the injured party will continue to receive benefits until he or she is fully recovered. Dollar limits, deductibles, or copays may not apply to medical coverage. However, state laws may dictate the duration or frequency of treatment, such as 24 visits for physical therapy. Your state may also impose the type of alternative treatment allowed.

Workers comp insurers may provide benefits to employees under a managed care plan in specific states. A managed care plan brings together a network of providers that treat individuals with work-related injuries or occupational illnesses.

Disability

Employees with disabilities sustained at work may receive a portion of their wage loss, known as disability benefits. The amount of compensation depends on the type of disability one has:

  • Temporary Total: Short-term complete disability
  • Temporary Partial – Short-term partial disability
  • Permanent Total – Permanent disability without a cure (you may lose the ability to earn income as you did before the injury)
  • Permanent Partial – Partial disability without a cure (you may lose the ability to earn as much income as you did before the injury)

Another factor that affects disability payments is the state your case is in. There’s a waiting period, usually seven days, before benefits are provided to the injured worker. Your average weekly wage will be the basis for the calculation of your benefits – with some following minimum and maximum thresholds.

To give you an idea, here are some figures for each disability type:

  • Temporary Total: Benefits are based on a percentage of your average weekly wage, paid out during your period of disablement.
  • Temporary Partial: Pay is reduced (for work you can perform); a percentage of the difference between your normal pay and reduced pay is then added.
  • Permanent Total: Benefits are calculated similarly to those of temporary total (for instance, 66.67% of your average weekly wage), but paid for the remainder of your life or until you reach the official retirement age (depending on the state).
  • Permanent Partial: Disabilities under this category may be listed as schedule or non-schedule. Examples of schedule injuries are those involving an eye, hand, finger, or any other body part. In this case, you may receive benefits for a specific period, such as 45 weeks of disability pay based on 66.67% of your average weekly wage.

If your permanent injury is not listed on a schedule, your disability benefits are calculated according to state law. The extent of your impairment, loss of earning capacity, and loss of wages are some of the factors that may affect the amount you receive.

Rehabilitation

Depending on the state and injury status and impact, the worker may undergo vocational or psychological rehabilitation. The former is provided for disabled employees who can no longer perform the labor required at their previous job. The latter is given to individuals who’ve suffered a mental injury at work.

Death

If an on-the-job injury results in the death of the employee, their spouse, minor children, and other dependents will receive death benefits. The costs of burial are also covered.

Workers Comp Laws

Workers comp loans

Every state has its workers comp laws. Most of these statutes require every business to purchase insurance for their employees to cover injury or harm sustained by the latter in the workplace.

Companies may purchase insurance from a workers comp insurance provider. Large businesses may have the capacity to self-insure, something that is unattainable for small ones.

The benefits that come with workers comp are automatically granted to individuals given that they:

1) suffered disability or death on the job

2) due to their employer’s negligence (the direct cause of their injury or illness).

Technically, it is not a lawsuit but an insurance claim. They can receive wage replacement and medical benefits if they don’t belong to the group of exempted workers in their state.

Some statutes exist uniquely for federal government employees, while others cater to specific industries, such as maritime and railroad workers.

Check out what laws are in effect in your state in the table called “Workers Compensation Laws By State”. You may also find such information as employees covered and persons not covered.

Workers Compensation Laws By State

State State Workers Comp Division Workers Compensation Statute Covered Employees Persons Not Covered
Alabama Alabama Department of Labor Alabama Code §25-5-1 et seq. Most employees are covered.
  • Domestic servants
  • Farm laborers
  • Casual employees
  • Employees of business with less than five people
  • Licensed real estate brokers
  • Product demonstrators
Alaska Department of Labor & Workforce Development AS §23.30.005, et. seq Most employees are covered including any person employed by the State or its political subdivision or a person

employing one or more persons in connection with a business or industry carried on in Alaska.

  • Part-time babysitters
  • Domestic servants
  • Harvest and similar transient help
  • Contract entertainers
  • Statutorily-defined taxi cab drivers
  • Statutorily defined
    commercial fishermen
Arizona Industrial Commission of Arizona Arizona Revised Statutes Annotated §§ 23-901, et seq Every person in the

service of the state, any political subdivision, or any person in the service of any

employer subject to the workers compensation provisions is considered to be an employee.

  • Casual employees or not in the usual course of a trade
  • Independent contractors
Arkansas Arkansas Workers Compensation Commission Arkansas Code Annotated § 11-9-101 et seq Any person, including a minor, whether lawfully or unlawfully

employed under any contract of hire, written or oral, express or implied.

  • Agricultural farm laborers
  • State employees
  • Casual employees
  • Inmates
California Department of Industrial Relations California Labor Code Division 3, section 2700 through Division 4.7, section 6208 Every person in the service of an employer under any

appointment or contract of hire or apprenticeship, express or implied, oral or written,

whether lawfully or unlawfully employed.

  • Domestic employees employed by his or her parent, spouse, or child
  • Deputy sheriffs or deputy
    clerks
  • Persons performing services in return for aid or sustenance only
  • Persons officiating
    amateur sporting events (including intercollegiate or interscholastic sports events)
  • Any person performing voluntary services at or for a non-profit recreational camp
    or as a ski patroller
Colorado Department of Labor and Employment Colorado Revised Statutes §

8-40-101, et seq

Every person in the service of any person, association of persons, firm, or private

corporation, under any contract of hire, express or implied, including aliens and also

including minors, whether lawfully or unlawfully employed.

  • Inmates
  • Volunteers
  • Drivers under a lease
    agreement with a common carrier or contract carrier
Connecticut Workers Compensation Commission Connecticut General Statutes Sections 31-275 through 31-355a, et seq Any person who has entered into or works under any contract of service

or apprenticeship with an employer.

  • Sole proprietor or business partners
  • Independent contractors
  • Casual employees
Delaware Department of Labor Delaware Code Annotated Title 19, §§ 2301-2397 Every person in service of any corporation, association, firm or

person under any contract of hire or performing services for a valuable consideration

  • A spouse
    and minor children of a farm employer if they are not named in an endorsement to the
    farm employer’s contract of insurance
  • Casual employees
  • Any person to whom articles or materials are furnished or repaired, or adopted for
    sale in the employee’s own home, or on the premises not under the control or
    management of the employer
District of Columbia Department of Employment Services District of Columbia Code Annotated §32-1501, et seq Every person, including a minor, in the service of another under any

contract of hire or apprenticeship, written or implied,

  • An employee whose employer is an uninsured sub-contractor can assert a claim against
    the general contractor
Florida Department of Financial Services Chapter 440, Florida Statutes, et seq. Every person in the service of any person, association of persons, firm, or private

corporation, under any contract of hire, express or implied, including aliens and also

including minors, whether lawfully or unlawfully employed.

  • Independent contractor (excluding the construction industry)
  • Licensed real estate brokers
  • Bands, orchestras, and musical and theatrical performers, including disc jockeys
  • Causal employees,
  • Volunteers (most)
  • Certain taxicab, limousine, or other passenger vehicle-for-hire drivers
  • Some sports officials
Georgia Georgia State Board of Workers Compensation Official Code of Georgia Annotated §§ 34-9-1, et seq Employees of a business that employee three or more employees and some unpaid persons can be considered employees under limited circumstances.
  • Rail
    common carriers engaged in interstate or intrastate commerce
  • Farm laborers
  • Domestic
    servants
  • Licensed real estate salespeople or associate brokers
  • Independent
    contractors
Hawaii Department of Labor and Industrial Relations Hawai`i Revised Statutes, Chapter 386 Any

individual in the employment of another person.

  • Some exceptions for primary and secondary contractors
Idaho Industrial Commission Idaho Code § 72-101, et. seq. Any person who has entered into

the employment or who works under a contract of service or apprenticeship with, an

employer.

  • Domestic servants
  • Casual workers
  • Pilots of
    agricultural spraying or dusting planes
  • Real estate brokers and real estate
    salesmen
  • Volunteer ski patrollers
  • Officials of athletic contests involving secondary
    schools
Illinois Illinois Workers Compensation Commission 820 Illinois Compiled Statutes Annotated 305/1, et seq. Every person under the service of another or under a contract for hire. Certain businesses are considered “extra-hazardous” with all employees covered

automatically by law.

  • Real estate brokers/salespeople on commission
  • Farmers
  • Jurors
Indiana Workers Compensation Board of Indiana Ind. Code § 22-3-1-1 et seq. Every person, including minors, contractors or

apprenticeship, written or implied, except one whose employment is both casual and not

in the course of trade, business, occupation, or profession of the employer.

  • Railroad engineers, firemen, conductors, brakemen, flagmen, baggage men,

Foremen in charge of yard engines,

Employees of a fire or police department, of any municipality who

partake in a firefighter’s or police officer’s pension fund,

Casual laborers,

Farm or agricultural

employees,

Household employees.

Iowa Iowa Workforce Development Iowa Code §85.1 et seq. All employees not specifically excepted are covered.
  • Household
    employees earning less than $1,500 during 12 months prior to an injury
  • Casual
    employees earning less than
    $1,500 for 12 consecutive months prior to an injury
  • Agricultural employees where the
    employer’s nonexempt cash payroll is less than $2,500 for the preceding calendar year
  • Relatives of farm employer and employer’s spouse
  • Officers of a family farm
  • Some officers of a corporation
Kansas Department of Labor Kansas Statutes Annotated §44-501 et seq Any person who has entered into the

employment of or works under any contract of service or apprenticeship with an

employer.

N/A
Kentucky Kentucky Labor Cabinet Kentucky Revised Statutes § 342.0011 et seq.; 803 Kentucky Administrative

Regulations. 25:009 et seq.

All persons, including minors, lawfully or unlawfully

employed under any contract of hire; helpers, paid or not if hired with the knowledge of

the employer; corporate executive officers; volunteer fire, police, civil defense personnel or

trainees and members of the National Guard on active duty; newspaper sellers or

distributors

  • Domestic servants, if there are less than two
    regularly employed in a private home for 40 hours or less per week
  • Maintenance, repair
    and similar employees employed in a private home if the employer has no other
    employees subject to Workers Comp
Louisiana Louisiana Workforce Commission Louisiana Revised Statutes Annotated §23:1021 et seq.

Louisiana Revised Statutes Annotated §33:2581

Most persons in an employment setting including all persons in the service of the state, or a political subdivision or of any incorporated

public board, or under any appointment or contract of hire.

  • Employees of private residential household
    and private unincorporated farms
  • Musicians
    and performers under contract
Maine Workers Compensation Board Maine Revised

Statutes Annotated, title 39-A, or 39-A M.R.S.A. § 101 et seq.

Every person in the service of another under any contract of

hire, express or implied, oral or written.”

  • Independent contractors
  • Persons engaged in maritime employment covered under admiralty law
  • Certain agricultural employees
Maryland Workers Compensation Commission Maryland Code Ann., Lab & Empl. §9-101 (2014) et seq.; Code of Maryland Regulations

(COMAR) Title 14, §09.01.01 et seq.

Any regular payroll employee is a covered employee while in the service of an employer
  • Independent contractors
  • Various other persons employed
Massachusetts Executive Office of Labor and Workforce Development Massachusetts General Laws, Chapter 152 Any person in the service of another under any contract of hire, express or implied, oral or written.

 

 

  • Masters of and seamen on vessels engaged in interstate or foreign commerce
  • Persons employed to participate in organized professional athletics
  • Real estate brokers and other salespeople working on commission only
  • Persons employed by an employer engaged in interstate or foreign commerce but only so far as the laws of the United States provide for compensation
  • Casual employment
Michigan Department of Licensing and Regulatory Affairs Michigan Compiled Laws Annotated 418.101-941 Any employee “in the service of another, under any contract of

hire.”

  • Exclusions for smaller employers
  • Some agricultural employees and domestic workers and real estate brokers/agents
Minnesota Department of Labor and Industry Minnesota Statutes Annotated Ch. 175A and 176, et seq.
Mississippi Workers Compensation Commission Section 71-3-1 et. seq., MISS. CODE ANN Any person, including a minor, whether lawfully or unlawfully

employed in the service of an employer under any contract of hire or apprenticeship,

written or oral, express or implied.

  • Independent contractors
  • Other various exceptions
Missouri Department of Labor and Industrial Relations Chapter 287 R.S.Mo. 2005 Any person in the service of an employer under a contract of hire, appointment or election,

including officers of corporations.

  • Owner/operators of leased trucks in
    interstate commerce
  • Farm labor
  • Domestic servants
  • Family
    chauffeurs and licensed real estate agents
  • Inmates
  • Volunteers of tax exempt
    organizations
  • Sports officials,
  • Direct sellers
Montana Department of Labor and Industry Mont. Code Ann. § 39-71-101, et.seq Most employed persons except for those listed in the statute.
  • Domestic servants
  • Casual employment
  • Dependent member of the employer’s family
  • Certain sole proprietors
  • Real estate brokers or salesmen
  • Direct sellers
  • Certain officials at athletic events
  • Freelance
    photographers and authors
  • Newspaper carriers
  • Cosmetologist or barber services
  • Petroleum land workers
  • Professionals; jockeys
  • Ordained ministers
  • Officer
    or manager of a ditch company
  • Persons working for enrolled tribal members who
    operate solely within the exterior boundaries of Indian reservations
Nebraska Workers Compensation Court Nebraska Revised Statutes § 48-101 et. seq. Employees of the state, every

government agency created by it, and every employer in Nebraska, including nonresident

employers performing work in the state employing one or more employees in the

regular trade, business, profession, or vocation of such employer

  • Domestic servants
  • Agricultural operations employees
  • Employees of railroad companies
    engaged in interstate or foreign commerce
Nevada Department of Business & Industry Nev. Rev. Stat. Chapters 616A-616D, Nev. Rev. Stat. Chapter 617 Every person in the service of an employer under any appointment or contract of hire or

apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed.

  • Casual employees
  • Theatrical or stager performers
  • Musicians whose services do not last more than two consecutive days
  • Domestic workers
  • Voluntary ski patrol
  • Sports officials paid a nominal fee
  • Any member of the clergy
  • Real estate brokers
  • Direct salespersons working on commission
New Hampshire Workers Compensation Division New Hampshire Revised Statutes Annotated 281-A Any person in the service

of an employer under any express or

implied, oral or written, contract of hire

  • Railroad employee engaged in
    interstate commerce
  • Direct
    sellers
  • Real estate brokers, agents or appraisers
  • People providing services as
    part of residential placement for individuals with developmental, acquired, or
    emotional disabilities
New Jersey Department of Labor and Workforce Development New Jersey Statutes Annotated 34:15-1 et seq. Most employees are covered with some exceptions.
  • Independent contractors
  • Domestic workers
  • An employee who is willfully negligent
  • Inmates
  • Causal employees
New Mexico Workers Compensation Administration New Mexico Workers Compensation Act, New Mexico Statutes Annotated §§52-1-1, et

seq

Most employees are covered.
  • Farm employees
  • Domestic servants
  • Real estate agents
  • Persons who file a written waiver with the State of New
    Mexico
New York State Workers Compensation Board Workers Compensation Law of the State of New York Most employees in the State of New York
  • Domestic employees working less than 40 hours
    per week
  • Clergymen
  • Employees of municipalities and other political subdivisions who
    are not engaged in hazardous employment
  • Uniformed sanitation workers, firefighters and
    police officers in the employment of the City of New York
  • Babysitters and minors over
    the age of 14 engaged in casual employment in and about one-family
  • Longshoremen and harbor workers
  • Railroad employees
  • Anyone engaged in yard work or household chores or making
    repairs or painting in and about a one-family owner-occupied residence
North Carolina Industrial Commission N.C. Gen. Stat. §97 Any person engaged in employment under any employment or

contract of hire or apprenticeship, express or implied, oral or written, including aliens and

also including minors, whether lawfully or unlawfully employed.

  • Casual employees and those not in the course of the trade, business, profession
    or occupation of his or her employer
North Dakota Workforce Safety and Insurance North Dakota Century Code Title 65 (Chapters 65-01 through 65-10) Every person who performs services for another

for pay including all elected and appointed officials of the state and its

political subdivisions, the legislative assembly, elective officials of the state’s counties, and

all elective peace officers of any city and aliens, county general assistance workers, and minors.

  • Independent contractors
  • Casual employees
  • Any person who is engaged in an illegal enterprise or occupation
  • Spouse or child under
    the age of 22, of the employer
  • Real estate broker or real estate salesperson
  • Members of the board of directors of a business corporation
  • Newspapers delivery persons
Ohio Bureau of Workers Compensation Ohio Revised Code §4121.01 et. seq.

Ohio Administrative Code §4121-01 et. seq.

Any person in the service of the state, or any county or municipal

corporation, and any person in the service of any person, firm, private, or public

corporation that employs one or more employees or operatives regularly in the same

business or in or about the same establishment under any contract of hire, express or

implied, oral or written

N/A
Oklahoma Workers Compensation Court Okla. Stat. tit. 85, §§ 301-413 Any person engaged in the employment of an employer covered by the terms of the Workers Compensation Code including members of the Oklahoma National Guard and participants in a sheltered workshop program certified by the U.S. Department of Labor.  

  • Horticulture employees not employed in using motorized machines
  • Licensed real estate brokers
  • Employees providing services in medical care or social services program
  • Anyone employed by an employer with less than five employees all related by blood or marriage
  • Employees of youth sports leagues qualifying as tax-exempt
  • Sole proprietors
  • Volunteers
  • Owner-operators who lease tractor-trailers or trucks for hire
  • Domestic servants in private home
Oregon Workers Compensation Division Workers

Compensation Law. Or. Rev. Stat. § 656.001

Any person, including a minor, whether lawfully or unlawfully

employed, who works for pay, including salaried, elected and appointed officials of the

state, state agencies, counties, cities, school districts, and other public corporations.

  • Inmate or ward of a state
    institution
  • Casual employees
Pennsylvania Bureau of Workers Compensation Worker’s Compensation Act of June 24, 1996, P.L. 350, No. 57 All natural persons who perform services for another for a valuable

consideration

  • Casual employees
Rhode Island Department of Labor & Training R.I. Gen. Laws. 27-7.1-1, et. seq.; Any person who has entered into the employment of or works under the

contract of service or apprenticeship with any employer. Any person employed by the State of

Rhode Island

  • Sworn employees employed by the State of Rhode Island
  • Casual employees
  • Farmers
  • Nursery workers
  • Farm laborers
  • Real estate brokers
  • Salespersons
South Carolina Workers Compensation Commission S.C. Code Ann. § 42-1-110 et seq. Every person engaged in

employment under any appointment, contract of hire or apprenticeship, express or implied,

oral or written including members of the State and National Guard

  • Casual employees
South Dakota Department of Labor and Regulation SDCL Title 62 Every person, including a minor, in the services of another under

any contract of employment, express or implied.

  • Volunteers
  • Independent contractors
  • Domestic servants working less than 20 hours in any
    calendar week and for more than six weeks in any 13 week period
  • Farm or
    agricultural laborers
Tennessee Department of Labor and Workforce Development T.C.A. § 50-6-101, et seq

 

Every person under a contract of hire or apprenticeship, written or

implied, including a paid corporate officer

  • Some undocumented workers
Texas Department of Insurance Texas Labor Code Annotated § 401.001 et. seq Persons in the service of another under a contract of hire including anyone working in the usual course and scope of the employer’s business who is temporarily asked

to perform services outside the usual course and scope of the business and persons who are trainees under the Texans Work program.

  • Independent contractors
  • Federal employees
  • Other excluded persons
Utah Labor Commission Utah Code Annotated §34A-2-101, et seq. Employees include those engaged in government service, any express or implied contract

of hire, lessees of mining property, and owners of a partnership or sole proprietorship if

an election is made.

  • Real estate agents or brokers
Vermont Department of Labor Vermont Statutes Annotated title 21, § 601 et seq Persons who are employed and work under a contract of service or apprenticeship with an employer
  • Casual employees
  • Persons engaged in amateur sports
  • Persons engaged in farm or
    agricultural employment for an employer with an aggregate payroll of less than $10,000
    per year
  • Members of an employer’s family dwelling in the employer’s house
  • Persons
    engaged in any type of service in or about a private dwelling
  • Sole proprietors or
    partners/owners of an unincorporated business
  • Real
    estate broker or real estate salespersons
  • Certain members of a corporation or LLC
  • Independent contractors
  • Assistant judges
  • Illegally
    hired minors
Virginia Workers Compensation Commission Virginia Workers Compensation Act, Title 65.2 Code of Virginia 1950 Persons, including aliens and minors, in the service of another under any contract of hire or apprenticeship, written or

implied, whether lawfully or unlawfully employed

  • Persons whose employment is not within the usual course of the employer’s business
Washington Department of Labor and Industries RCW 51.04.010 to 51.98.080 Employees, and independent contractors, the essence of whose contract is his or her personal labor including all officers of the state, state agencies,

counties, municipal corporations, or other public corporations, or political subdivisions.

  • Certain workers for businesses registered within the Registration of Contractors or licensed Electricians and Electrical Installations
  • Domestic servants
  • Home gardening and
    maintenance workers
  • Employees not in the course of the trade, business, or profession of
    the employer
  • Services performed in return for aid or sustenance
  • Sole proprietors or
    partners
  • Minor children employed by parents for agricultural activities on the
    family farm
  • Jockeys
  • Certain officers of a corporation
  • Entertainers for specific
    performances
  • Newspaper delivery
  • Services performed by an insurance producer
  • Services performed by a booth renter, and certain LLC activities
West Virginia Offices of the Insurance Commission W. Va. Code § 23-1-1 et seq. All persons in

the service of employers and employed by them for the purpose of carrying on the industry, business, service or work in which they are engaged

  • Domestic servants,
  • Employers of five or fewer full-time employees engaged in agricultural service
  • Church workers
  • Casual employees
  • Employees engaged in organized professional sports activities, including
    employers of trainers and jockeys engaged in thoroughbred horse racing
  • Volunteer rescue or police
  • Federal employees
Wisconsin Department of Workforce Development Wis. Stat. §102.01-.89 (2011) Most workers and contract workers
  • Domestic servants
  • Most volunteers
Wyoming Department of Workforce Services Wyoming Statutes § 27-14-101, et seq Any person engaged in any extra hazardous

employment under any appointment, contract of hire, or apprenticeship, express or implied, oral or written and includes legally employed minors, aliens authorized to work

by the United States DOJ.

  • Casual employees
  • Sole proprietors
  • Officer of a corporation
  • Independent contractors
  • Professional athletes
  • An employee in a private home
  • Federal government employees
  • Elected officials
  • Volunteers
  • Members of LLCs
  • Foster parents
  • Childcare workers who are paid by the Wyoming Dept. of Family Services

Source

State Compensation Insurance Fund

State funds are workers comp insurance providers owned and operated by the state. Washington was the first to adopt this approach in 1911, followed by Michigan in 1912.

State funds are either exclusive or competitive. 

States with monopolistic funds are North Dakota, Ohio, Washington, West Virginia, and Wyoming. They require all employers to either purchase from the state fund or self-insure. 

Competitive funds allow employers to choose from the state fund, private insurance, or authorized self-insurance. Competitive state funds offer a ready market that is not dependent on the employer’s premium, nature of business, or loss history. 

States with competitive funds are as follows: Arizona, California, Colorado, Hawaii, Idaho, Kentucky, Louisiana, Maine, Maryland, Minnesota, Missouri, Montana, New Mexico, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah.

Work Injuries Covered Under The Jones Act and FELA

The standard workers comp may not apply to some of the conditions related to industrial jobs. In this case, laws like the Jones Act and the Federal Employment Liability Act (FELA) determine how maritime and railroad workers, respectively, can get compensated. 

Under the Jones Act, seamen who get injured on the job are entitled to claim damages from their company. The law applies even if the vessel is docked at port. Compensation may come in the following forms: medical bills, lost earning capacity, lost wages, loss of quality of life, and pain and suffering.

Meanwhile, a FELA litigant may recover damages in the following forms: past and future medical treatment, past and future wage loss, past and future pain and suffering, and mental distress.

If the injured worker passed away, the compensation would be given to their spouse or child. In the absence of either, it will go to any surviving parents or other close family members.

Types of Injuries Covered By Workers Comp

Work-related injuries are usually those occurring at the place of work. Yet, it can also extend to activities connected with people’s jobs, even if they’re not done on company property. One of the best examples here are truckers who perform their duty on the road.

In this light, some of the injuries covered by workers comp are:

  • Back or shoulder injury
  • Equipment malfunction resulting in injury
  • Hearing or vision loss
  • Neck or head injury
  • Onsite injury

State Workers Compensation Board Websites

Every state has its own board or agency that is responsible for enforcing its workers compensation laws. For your convenience, we have listed the links to all of them below. 

Click on your state’s workers comp board to contact them now:

Apply For a Workers Comp Loan Now

TriMark Legal Funding knows how it feels to be stuck in a loop of physical pain, emotional anguish, and financial distress. Thus, we designed our financing solutions to address your most urgent needs using the latent value of your future asset.

If you have a pending or settled third-party liability case, augment the power of your workers comp to put things in your life back in order.

Apply online, or call us at (877) 932-2628 to have one of our legal funding experts take your information.

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