Serving clients in Fayetteville and all of NW Arkansas
Nobody goes to their workplace expecting to suffer a devastating injury. However, this is the unfortunate reality many workers have to live with every day in the U.S. Fortunately, there are ways to obtain support to help you recover from your injuries while you are unable to return to work. Fayetteville AR workers’ comp lawyer Ken Kieklak, Attorney at Law, invites you to keep reading as we explore the possibility of workers’ compensation benefits in Arkansas after you are injured by a fall from a height.
Getting Workman’s Comp After a Fall from a Height
Suffering from a high fall can be extremely dangerous, especially if the victim suffers back or head trauma. Falls from a height are common in the workplace, especially for people working and injured in the construction industry. Most of these workers have to perform their duties in high-up places such as scaffolds. These workers are at particular risk for suffering life-altering injuries.
Fortunately, injured workers have the chance to obtain compensation through the workers’ compensation system. The workers’ comp system was created to provide coverage to employees who suffer injuries in the workplace. However, to obtain the benefits provided by the system, injured workers need to go through a qualifying process, which we discuss below.
Qualifying for Workers’ Compensation Benefits in Arkansas
The workers’ compensation system can provide you with assistance for recovering from injuries sustained at work. To obtain these benefits, you need to meet the following criteria:
1. You Must Be an Employee
To obtain compensation under workman’s comp, you need to be an employee. The reasoning behind this requirement is that not every worker is considered to be a formal “employee;” for instance, people who work certain industries, such as agriculture or railroads, are covered under a different federal program. These employees are generally exempt from workers’ compensation benefits, as are independent contractors.
2. Your Employer Must Carry Workman’s Comp Insurance
The state requires that all employers with three or more employees provide workers’ compensation insurance to those employees. This requirement is mandatory for all employers in Arkansas. If your employer fails to carry this insurance and you suffer a workplace accident, such as a fall from a height, you may be able to sue your employer through a personal injury claim. Typically, employers provide workman’s comp insurance to help you treat your injuries while avoiding a lawsuit.
3. Your Injury Must Be Job-Related
To obtain insurance coverage through the workers’ compensation system, your injury must be job-related. In other words, you can only get workman’s comp benefits for injuries that occurred within the scope of your duties at work. For instance, the system will not cover injuries sustained on your way to work. However, if you are driving to work after a job-related meeting, you may be covered under workers’ compensation insurance.
4. You Must Follow the Insurance’s Rules
In addition to the qualifying conditions for workers’ comp benefits mentioned above, you will need to comply with additional requirements. For instance, one of the most critical aspects of your claim is notifying your employer about your accident. Generally, you have up to thirty days from the moment of your accident to notify your employer. If you fail to report your injury, your claim can be dismissed. Other reasons for the dismissal of a claim are discussed below.
Reasons Your Workers’ Compensation Claim May Be Dismissed
There are several reasons why your workers’ compensation claim may be dismissed. As mentioned above, failure to notify your employer about your injury can be enough to dismiss your claim. Additionally, you need to obtain medical attention as part of your recovery process. Generally, your employer will provide you with a list of doctors for you to choose from. It is critical to follow all the instructions provided by your doctors. If you miss a medical appointment or refuse assistance, your claim may be dismissed.
Another reason your claim may be denied is filing false information. If you exaggerate your condition or otherwise lie about it in your claim, your petition will be denied. Additionally, you may face other penalties for committing fraud against the workman’s comp system.
These are examples of reasons why your claim may be denied. However, there are times when the system erroneously interprets information. In such situations, it is in your best interest to retain the services of a workers’ compensation attorney who can help you through the Arkansas workers’ compensation process.
Workers’ Compensation Attorneys Offering Free Consultations in Arkansas
Suffering a fall from a height can lead to severe, life-altering injuries that may require continuing medical assistance. Things can be worse for you and your family if you are the sole provider in your household. At the law offices of Ken Kieklak, Attorney at Law, we understand the difficulties associated with severe injuries. That is why we dedicate our efforts to fighting aggressively and strategically to obtain the compensation you deserve. Thanks to our many years of experience handling workers’ compensation claims in Arkansas, we are able to defend your rights as an injured worker. To discuss the details of your particular case in a free, confidential consultation, call our Arkansas workers’ comp attorneys today at (479) 316-0438.
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