Neck injuries are common in the workplace. Unfortunately, many people will experience such an injury at some point in their careers. Neck injuries can be severe enough to prevent you from returning to work and doing the things you used to do. Injured workers may ask themselves if there’s a way they can obtain financial assistance while they recover from their injuries. As you will see through this article, it is possible to receive compensation after a workplace injury. Fayetteville AR workers’ comp lawyer Ken Kieklak, Attorney at Law, invites you to keep reading as we discuss whether you can get compensation for a neck injury in Arkansas.
Will My Neck Injury Qualify for Workers’ Compensation in Arkansas?
Every year, thousands of Americans suffer a neck injury. For some, this painful injury happens as a consequence of a collision, such as in a car, truck, or bike accident. For many others, neck injuries occur in the workplace. Neck injuries commonly occur due to slips and falls, falls from a height, and lifting heavy objects, among other causes.
This type of injury commonly happens in the construction industry. Construction workers are regularly exposed to many dangers, including the risk of slipping, tripping, or falling. If your neck injury happened within the scope of your duties at work, you may be covered by Workers’ Compensation insurance. This system was created to assist injured workers financially while they recover from their injury and are unable to work. Your neck injury may qualify for the benefits provided by workman’s comp if you meet all qualifying conditions discussed below.
Qualifying for Workers’ Compensation Insurance Benefits
Before you are able to take advantage of the benefits provided by the Workers’ Compensation system, you need to go through a qualifying process. Qualifying for workman’s comp requires you to meet specific criteria.
First, you must be an employee; in other words, you have to work for your employer directly and be on that employer’s payroll. Independent contractors such as Uber and Lyft drivers are exempt from this insurance. Other categories of employees exempted from Workers’ Compensation benefits include agriculture, railroad, and domestic workers.
Second, your employer must carry Workers’ Compensation insurance. Almost all Arkansas employers with three or more employees must provide Workers’ Compensation. There may be circumstances where an employer does not carry workman’s comp insurance; in the event of a workplace accident, an injured worker can then attempt to win compensation from their employer by filing a personal injury claim against them.
Your neck injury must also have occurred within the scope of your duties. In other words, your injury must be work-related. Any injury that occurred outside your job will not be covered by Workers’ Compensation insurance. Injuries that occurred at work include those that happen outside the physical confines of your workplace but that are related to it. For instance, going to an official meeting outside the office can still be covered under your employer-issued insurance.
Workers’ Comp Reporting and Treatment Requirements in Arkansas
The Workers’ Compensation system sets forth a series of rules that all petitioners must follow. Not meeting these specific requirements can mean the dismissal of your claim. First, you must make sure you send proper notice of your incident to your employer. Notification is critical in your workman’s comp process, and failure to properly notify your employer may result in the dismissal of your claim. Additionally, all the information provided to Workers’ Compensation examiners must be accurate and complete. False or incorrect information may delay your process or can lead to your claim’s dismissal.
Medical assistance is also essential after a workplace accident. Your employer will give you a list of physicians who can take care of your injury. The doctor will then typically submit a report to your employer, which will let him or her know whether you are able to return to work. If you refuse to receive medical assistance or otherwise fail to follow your doctor’s instructions, your case may be dismissed.
How Much Compensation Can I Expect from My Neck Injury?
The first question some injured workers ask is how much compensation can they get for their injury. The amount of compensation you can expect to receive after a workplace accident will depend on the extent of the injuries. Generally, the Workers’ Compensation system will pay up 2/3 of your average weekly wage. It is always recommended to have a Workers’ Compensation attorney who can guide you through the entire Arkansas workers’ comp process.
Neck Injury Workers’ Compensation Lawyer Offering Free Consultations in Arkansas
If you or a loved one suffered a neck injury at the workplace, we may be able to help. Over our many years in practice, we have handled countless workman’s compensation cases, and we are ready to assist you. At the offices of Ken Kieklak, Attorney at Law, we understand the difficulties associated with neck injuries. That is why we dedicate our practice to defending and upholding your rights as an injured worker. To schedule a free, confidential appointment, call our Arkansas Workers’ Compensation attorneys today at (479) 316-0438.
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