Serving clients in Fayetteville and all of NW Arkansas
Unfortunately, thousands of hard-working men and women suffer from workplace injuries every year in the U.S. Many times, these injuries prevent them from returning to work. In such a situation, it is easy to lose patience and feel powerless or hopeless. However, as you will see through this article, workers’ compensation may provide great support while you recover from your injuries. Our Fayetteville workers’ compensation attorneys invite to keep reading as we discuss whether you can get workman’s comp assistance for a herniated disc in Arkansas.
Will Workers’ Compensation Cover a Herniated Disc?
Workplace injuries happen more frequently than many people realize. Every year, thousands of people get injured or develop illnesses at their jobs. According to the National Safety Council (NSC), on average, a person gets injured at work every 7 seconds in the U.S. This equals almost 13,000 injuries at work per day around the nation. Some of the most common types of on-the-job injuries include:
Sprains, Tears, and Strains – This is a type of injury that can happen without warning and in almost any job setting. For instance, a simple slip and fall can lead to a sprained ankle, muscle strain, or tendon tears. These types of injuries often lead to a long, painful recovery period.
Repetitive Stress – Repetitive stress injuries are also common in the workplace. As the name implies, repetitive stress injuries are caused by repeating the same actions over time. For instance, typing on a computer for eight hours a day, five days a week can lead to carpal tunnel. Depending on the extent of your injuries, you may face pain or discomfort for an extended period of time.
Cuts and Lacerations – Cuts and lacerations frequently happen in the workplace. The severity of these injuries is closely related to the nature of the industry and position. For instance, a construction worker has a higher risk of suffering a severe cut or laceration than an office worker.
Herniated discs are injuries that are closely related to repetitive stress. The discs are like cushions protecting the vertebrae along your spine; suddenly lifting a heavy object using your back muscles instead of your legs, or constantly lifting objects, can lead to a herniated disc. These injuries can also happen as a result of a fall or car accident. Workman’s comp can help you recover from this painful and discomforting injury.
How Does the Arkansas Workers’ Compensation System Work?
The workers’ compensation system is designed to help employees who get injured in the workplace. It provides injured employees with compensation while they recover and are unable to return to work. However, obtaining the benefits provided by the system requires you to meet specific qualifying factors. To be eligible for workers’ comp benefits, you will need to meet the following requirements:
You Must Be an Employee
This first requirement may sound obvious. However, it is an essential aspect of the qualifying process. Not every person may be considered an employee for workman’s comp insurance purposes. For instance, independent contractors are people who don’t fall under the classification of “employee” as set forth by the workers’ compensation system. Independent contractors are people who render services to a company or business but are not part of the company’s payroll. Rideshare service providers are classic examples of independent contractors. Longshoremen, railroad workers, and agricultural and farm employees are generally exempted from worker’s compensation benefits as well.
Your Employer Must Carry Workers’ Compensation Insurance
Every employer in Arkansas with three or more employees must provide workman’s comp insurance. For employers, providing this insurance is mandatory. If your employer does not provide you with workers’ compensation coverage, you may be able to take them to civil court to fight for compensation. Generally, providing workers’ comp insurance prevents employers from being sued by their employees over injuries.
Your Injury Must Be Work-Related
The workers’ compensation system only covers injuries that occurred in the workplace. Your employer’s policy should cover any injury or illness developed on the job. However, this also means your workman’s comp insurance may not include damage sustained outside of the scope of your job, such as a damage caused by a car accident or motorcycle accident.
If you meet all the requirements specified by the workers’ compensation system, you may be able to obtain compensation. Generally, workman’s comp will grant up to 2/3 of your average weekly wage. It is always in your best interest to have skilled, dedicated legal representation at your side when filing a worker’s compensation claim in Arkansas.
Workers’ Compensation Attorney Serving Arkansas Employees with Herniated Discs
If you or a loved one had a workplace accident resulting in a herniated disc, our lawyers can help. Our dedicated Arkansas workers’ compensation attorneys can help you navigate the workman’s comp process and fight to obtain the compensation you deserve. We dedicate our efforts and resources to fighting aggressively and strategically in your name. To schedule a free, confidential consultation, call Ken Kieklak, Attorney at Law, today at (479) 316-0438.
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