Serving clients in Fayetteville and all of NW Arkansas
https://www.kieklaklawfirm.com/fayetteville-back-injury-workers-compensation-lawyer/Every day, thousands of hard-working Americans go to their jobs without expecting an injury. Unfortunately, many of these people will face an accident which can keep them from returning to work. In such a situation, you may wonder if there is anything that may help you recover compensation while you are unable to return to work. Fayetteville AR workers’ compensation lawyer Ken Kieklak invites you to keep reading as we discuss if you can get workers’ compensation for a back injury in Arkansas.
Can You Get Workman’s Comp for a Back Injury at Work?
Back injuries at work are one of the most common types of workplace injuries in the United States. Back pain can debilitate people to the point that they cannot engage in regular, everyday activities or get back to work. According to the American Chiropractic Association, back pain is the leading cause of disability as well as the main reason for missed workdays. Additionally, back pain is another leading cause of doctor visits in the United States. While back pain commonly affects the elderly, this debilitating condition can impact people of all ages.
People who experience a back injury at work may wonder if there is a way to cope with their trauma and receive assistance. Fortunately, injured employees have the opportunity of obtaining workers’ compensation for a back injury. This insurance was designed to help injured workers obtain compensation while they are recovering from their injuries. For instance, if your back pain is related to an accident at work such as a car, truck, or workplace fall accident, you may be covered under workman’s comp. However, obtaining the help provided by this system is not automatic, and it requires you to meet specific criteria. We’ll discuss these criteria below.
Qualifying for Workman’s Comp Coverage in Arkansas
To obtain the benefits provided by the Arkansas workers’ compensation system, you must meet specific requirements. All of the qualifying criteria set forth by the system must be met. Failure to follow the rules set forth by your workman’s comp policy can lead to the dismissal of your case.
First, you need to be an employee for workers’ compensation purposes. There are different categories of employees who may not qualify for workman’s comp benefits. For instance, agricultural and railroad workers qualify for other benefits set forth by the federal government. For this reason, workers’ compensation may not cover them for injuries sustained at work, including back injuries.
Independent contractors are another class of employee who may not file a workers’ compensation claim. The reason behind this is that while contractors render a service to an entity, they are not direct employees. Instead, they are paid for their services, but they are not on their “employer’s” payroll. If you are on your employer’s payroll and they withhold taxes on your paycheck, it means you are an employee for workers’ compensation purposes.
In addition to being an employee, your employer must carry workers’ compensation insurance. Every employer in Arkansas who employs three or more employees, must provide workman’s comp insurance. If you work for someone who doesn’t carry workers’ compensation insurance as mandated by Arkansas law, you may want to contact a workman’s comp attorney.
To qualify for workman’s comp insurance benefits, your back injury must have happened within the scope of your job. In other words, the injury must have occurred in the workplace. For instance, if you get injured in a truck accident on the way to work, workers’ compensation may not be available to you. However, if you hurt yourself in a workplace truck accident while making a delivery for your employer, then you may qualify under worker’s comp insurance.
These are some of the requirements set forth by your employer’s insurance in the event of an accident. You should always make sure you meet these and other criteria set forth by the worker’s compensation system.
Will My Workers’ Compensation Claim Be Denied?
Qualifying for workers’ compensation benefits is just the beginning of your insurance claim process. Once you have qualified, your claim will go through an evaluation. During this time, the workers’ compensation system will investigate your claim to see if they approve your payment. If they find any discrepancies in the information provided, or if they find you did not follow through with their instructions, your claim may be denied.
For instance, one of the reasons for dismissing claims is failure to notify the employer. Generally, you are required to notify your employer of your injury at least thirty days from the event. Such notice must be in writing and detail the circumstances of your accident. If you fail to meet this requirement, your claim may be denied. A qualified attorney can help you understand the workers’ compensation claim process and avoid mistakes that may hurt your chances of obtaining compensation. A skilled Arkansas workers’ comp attorney can help you throughout the entire process including instances of workman’s comp claim denials.
Workers’ Compensation Attorneys Offering Free Consultations in Arkansas
Dealing with a back injury can be stressful and overwhelming. Things can take a turn for the worse if you are your household’s sole provider and can’t go back to work. That is why our Fayetteville personal injury lawyers are dedicated to fighting on your behalf and getting you the compensation you need. Thanks to our expertise, we have been able to help hard-working Arkansans get compensation from their employer’s insurance. Don’t let a personal injury at work dictate your quality of life. Turn to Ken Kieklak, Attorney at Law, for high-quality representation. To schedule a free, confidential consultation, call our offices today at (479) 316-0438.
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