Icy walkways are very dangerous, and a slip and fall accident might lead to severe injuries. If you slipped on ice at work, you typically cannot sue your employer, but you might have other legal options.
Generally, employees cannot sue their employers after falling on ice at work. Instead, injured employees must file Workers’ Compensation claims. In Arkansas, Workers’ Compensation is the sole remedy for injured employees, and lawsuits against employers are categorically barred. You may begin a Workers’ Compensation claim by immediately reporting your accident to your employer, who should forward the claim and any necessary reports to their insurance provider. The amount of compensation you can collect varies based on your income and injuries, and you may collect compensation for as long as you cannot work. Under very specific circumstances, you can sue your employer for your injuries, but this tends to be more unusual.
Our Arkansas Workers’ Compensation lawyers can help you begin a Workers’ Compensation claim after you slipped on ice at work. For a free case review, call our experienced team at (479) 316-0438.
Suing Your Employer After Falling on Ice at Work in Arkansas
Workplace accidents often leave employees with limited legal options because of Workers’ Compensation laws. According to Arkansas Code § 11-9-105(a), Workers’ Compensation claims are the sole remedy for injured employees, and lawsuits against employers are prohibited, absent certain exceptions.
This means you cannot usually sue your employer after falling on some ice at work. Icy walkways are a hazard in numerous workplaces. Perhaps you were walking into your office on a winter day and there was ice on the front steps of the building. Icy floors are also a problem in walk-in freezers in restaurants and grocery stores. An accident in these cases means filing a Workers’ Compensation claim.
Although a lawsuit is unlikely, our Fort Smith Workers’ Compensation attorneys can help you begin a claim for compensation through your employer’s insurance. To improve your odds of getting financial compensation, you should report your accident to a supervisor immediately before contacting a lawyer.
Workers’ Compensation After Slipping on Ice at Work in Arkansas
Filing a Workers’ Compensation claim should begin right after your accident. You cannot claim compensation if you do not report the accident to your employer. There are also various requirements to abide by, such as doctor examinations. The amount of compensation you can collect and the duration of your benefits will depend on the extent of your injuries.
How to File a Workers’ Compensation Claim
When you file a Workers’ Compensation claim, you do so with your employer’s insurance. Employers carry workers’ Compensation insurance rather than employees. According to Arkansas Code § 11-9-401, employers are required by law to carry Workers’ Compensation insurance.
Claims are often filed in cooperation with an employer. When you report your accident to your employer, they should begin preparing your claim to submit to the insurance provider. There are no penalties assessed against employers for having injured employees. In fact, an employer is likely to face penalties if they refuse to help file the claim.
When filing the claim, it does not matter who is at fault for the accident. Under the statute mentioned above, compensation may be paid without regard to fault or the cause of the injury. This means your slip and fall accident on some ice could be completely your own fault, and you can still receive Workers’ Compensation.
Before collecting compensation, you must submit to medical examinations to ascertain the extent of your injuries. Under Arkansas Code § 11-9-511(a), you must be checked out by a qualified physician approved by the Arkansas Workers’ Compensation Commission. You may choose your own doctor or be examined by a doctor designated by the Commission.
Amount of Workers’ Compensation Award
How much compensation you can collect varies based on your injuries and how long you are unable to work. According to Arkansas Code § 11-9-501(a), an injured employee cannot even begin to collect compensation until they have been disabled for at least 7 days, not including the day of the accident. If your disabilities persist past 7 days, compensation will not begin until the 9th day. If your disability lasts for at least 2 weeks, compensation can begin on the first day of the disability, excluding the day of the injury.
The amount of your compensation depends on your average weekly income. Under Arkansas Code § 11-9-501(b), compensation may not exceed two-thirds or about 66% of your average weekly income. The statute sets a $20 per week minimum. The maximum weekly benefit for injuries occurring on or after January 1, 1990 is 70% of the state average weekly wage. The average wage tends to change over time and is subject to recalculation.
Under Arkansas Code § 11-9-508(a), employers are also responsible for compensating injured employees for medical care. As soon as an employer is aware of the accident, they are responsible for ensuring the employee gets medical attention. The cost of your medical needs will vary based on the severity of your injuries. A slip and fall accident on some ice might sound minor, but broken bones, neck and back injuries, and even brain damage are possible.
When You Can Sue an Employer After Slipping on Ice at Work in Arkansas
Although Workers’ Compensation laws tend to bar lawsuits against employers, there are certain circumstances in which a lawsuit would be appropriate. If you believe that you are not covered by Workers’ Compensation insurance or your employer refuses to help you file a claim, talk to our Harris Workers’ Compensation lawyers for help.
You can file a lawsuit against your employer after an accident if your employer does not carry any Workers’ Compensation insurance. Failing to carry this insurance is a violation, and your employer would no longer be protected from a lawsuit.
You can also sue if you are not considered an employee. Certain people are excluded from the definition of employee, including independent contractors. If you were hired as an independent contractor, you do not have an employer-employee relationship but a contractor-client relationship. As such, you can sue the client that hired you if their negligence caused you to become injured on the job.
Finally, you can sue your employer even if you are an employee if your employer intentionally caused your accident or injuries. For example, if your slip on the ice was caused because your employer pushed you, you can sue instead of pursuing a Workers’ Compensation claim.
Call Our Arkansas Workers’ Compensation Attorneys for Help
Knowing what to do after an accident, like slipping on some ice at work, can be tricky. Our Washington County Workers’ Compensation lawyers are here to provide guidance and help. For a free case review, call us at (479) 316-0438.
Injured employees rely on the Workers’ Compensation system in Arkansas to make ends meet while recovering from work-related accidents and injuries. If workers are injured at work and then fired, their Workers’ Compensation benefits might become complicated.
You can still file for Workers’ Compensation if you are injured at work and then fired. While it is possible to be fired while collecting Workers’ Compensation benefits, your benefit payments should continue for as long as you are approved to receive them. Unfortunately, employers sometimes try to fire injured employees as a form of retaliation for filing a claim in the first place. This is extremely illegal, and you should talk to a lawyer about your Workers’ Compensation and firing as soon as possible. If your benefits end or are terminated sometime after you are fired, we can help you explore other legal options.
If you were fired from your job after being injured at work, you should not be barred from collecting Workers’ Compensation. For a free evaluation of your case, call our Arkansas Workers’ Compensation attorneys at (479) 316-0438.
Collecting Workers’ Compensation for an Injury After Being Fired in Arkansas
Ideally, a person should report work-related accidents to their supervisors immediately. Waiting even just one day reduces your chances of getting a Workers’ Compensation claim approved. In some cases, employees are fired after their injuries happen but before they can file their Workers’ Compensation claims. In such cases, employees can still collect Workers’ Compensation if they meet the right criteria. Our Arkansas Workers’ Compensation lawyers can help you if you believe you were wrongfully denied compensation.
In Arkansas, as long as your case meets the criteria for Workers’ Compensation, you can file a claim and collect benefits even after you are fired. According to the Arkansas Workers’ Compensation Commission, injured employees may collect benefits to pay for medical expenses and a portion of lost Wages if a doctor determines they should not return to work for a certain length of time. Even if you are fired after your injury, you can still be checked out by a doctor and file a Workers’ Compensation claim.
It is illegal to fire injured employees to avoid paying Workers’ Compensation. Similarly, it is illegal to fire an injured worker as retaliation for filing a Workers’ Claim. Talk to a lawyer immediately if you believe your firing was unlawfully related to your injuries and Workers’ Compensation claim.
Being Fired While Collecting Workers’ Compensation
If you are fired while collecting Workers’ Compensation benefits, those benefits should continue for as long as you are approved to receive them. If you are terminated because your injuries prevent you from returning to work, but you have not yet filed a Workers’ Compensation claim, you should still be able to file. Employees may be terminated for lawful reasons, like being physically unable to return to work, but their rights to file Workers’ Compensation claims remain.
If you are fired while receiving Workers’ Compensation benefits, our Bella Vista Workers’ Compensation attorneys can review the reasons behind your firing and the terms of your employment. The way in which an employer can terminate employees will vary based on the terms of employment. However, no employee can be fired as retaliation for filing a Workers’ Compensation claim.
Being Fired for Filing a Workers’ Compensation Claim in Arkansas
As discussed before, you cannot be fired as a form of retaliation for filing a Workers’ Compensation claim. Employers sometimes want to prevent injured employees from filing these claims for a whole host of reasons. Perhaps your employer is concerned that your claim will trigger an investigation into the unsafe work environment by the Occupational Safety and Health Administration (OSHA). In some cases, employers fire employees after an accident because they do not carry any Workers’ Compensation insurance (which is illegal).
The fact that you were fired after filing a Workers’ Compensation should not prevent you from getting your claim approved. However, the issue might come up during the application process, and our Arkansas Workers’ Compensation lawyers can help you explain that we believe the firing was unlawful retaliation.
If your employment is considered “at-will,” you can be fired for almost any reason. You can even be fired for no reason at all. However, you cannot be fired for unlawful reasons like race, ethnicity, religion, or as retaliation for filing a Workers’ Compensation claim. It might be very challenging to prove your retaliation claims if your employment was at-will, as your employer can claim nearly any reason for the firing. Our Bentonville Workers’ Compensation attorneys will stand by your side and advocate for your compensation.
What Do I Do if My Workers’ Compensation Benefits End After I am Fired in Arkansas?
If you lose your job and your Workers’ Compensation benefits come to an end, you can explore other options for getting benefits or compensation. People are sometimes fired for legitimate reasons while collecting Workers’ Compensation. Perhaps the company had to downsize, and your department was cut, or maybe your injury prevented you from ever being able to return to work again.
Our Arkansas Workers’ Compensation lawyers can help you explore other legal options so you can get compensation or benefits after you are fired and your Workers’ Compensation payments end. You can sue your former employer for wrongful termination if you were unlawfully fired.
You should also think about the prognosis of your injuries. If you will eventually be able to return to work, we can help you fight to keep your Workers’ Compensation benefits for a bit longer. If you do not think you can come back to work any time soon or at all, filing for disability benefits might be the way to go. If you do not qualify for disability benefits but still need to make ends meet, perhaps filing for unemployment is an option worth looking into.
Our Springdale Workers’ Compensation attorneys can help you argue for additional benefits or an extension to your existing benefits. We can refer you to our disability attorneys if other options must be explored.
Call Our Arkansas Workers’ Compensation Lawyers for Assistance
If you are fired after suffering a work-related accident, you should be able to continue collecting Workers’ Compensation benefits. Our Rogers Workers’ Compensation lawyers can help you determine whether your firing was lawful or not. Call us for a free case review at (479) 316-0438.
Workers’ Compensation is an insurance system that provides injured employees with benefit payments to help them make ends meet while they recover from their injuries. Although lumbar strain might not sound serious, it can be debilitatingly painful and is eligible for Workers’ Compensation.
If you experience lumbar strain because of an accident at work or from strenuous work activities, you may be eligible for a Workers’ Compensation claim. People do not often associate lumbar strain with accidents, but they can be extremely painful injuries that prevent people from returning to work. Whether your injury resulted from a single work-related accident or occurred over time, you can file a Workers’ Compensation claim. If approved, you may collect weekly benefits payments for your lumbar strain.
After experiencing lumbar strain while on the job, injured workers might be unable to return to work for a while. Our Arkansas Workers’ Compensation lawyers can help you file a claim for benefits. For a free case review, call our offices today at (479) 316-0438.
What Happens if I Suffer Lumbar Strain at Work in Arkansas?
A work-related injury can strike anywhere at any time. While we often think of work-related accidents and injuries as part of inherently dangerous jobs, even office workers or other people in seemingly safe positions may be affected. One such injury that might render an employee incapable of returning to work is lumbar strain.
It is not unusual for workers experiencing lumbar strain to write off their injury as “just a bad back.” Some injured employees might use sick days to nurse their back until they are well enough to return to work. If you find yourself using up all your sick days to deal with lumbar strain, it might be time to consider filing a Workers’ Compensation claim.
Not every workplace injury is eligible for Workers’ Compensation, and our Bella Vista Workers’ Compensation attorneys can evaluate your case and determine if you should file a claim. We will also need to collect evidence about your injury and how it prevents you from working. If your employer does carry Workers’ Compensation insurance (which they are legally required to), we can help you file a lawsuit for damages.
Is Lumbar Strain a Compensable Injury Under Workers’ Compensation in Arkansas?
Although you might feel pressure from your employer or others at work to disregard your lumbar strain as a non-serious injury, you might be eligible for Workers’ Compensation. You can collect weekly benefit payments while recovering from your injuries instead of suffering through work, making your condition worse.
To be eligible, your lumbar strain must be considered a compensable injury under Workers’ Compensation laws. A compensable injury may result from a single accident in the workplace. For example, if you strained your lower back after a nasty slip and fall in the office, you can file a Workers’ Compensation claim. The accident must be specific and identifiable. If your lumbar strain cannot be traced to a specific workplace accident, you might have trouble filing a claim.
Lumbar strain might also be a compensable injury even if it does not stem from a specific workplace accident. Many jobs require employees to perform repetitive physical tasks that may wear on the body over time. If your lumbar strain happened over a longer period due to the repetitive physical demands of your job, our Crawford County Workers’ Compensation lawyers can still help you file a claim.
When You Can Collect Workers’ Compensation for Lumbar Strain in Arkansas
Exactly when you can begin collecting Workers’ Compensation depends on various factors surrounding your specific case. Ideally, you should file your claim for Workers’ Compensation almost immediately after getting treatment for your injuries. If you were injured in a workplace accident, you should speak to your employer and our Arkansas Workers’ Compensation lawyers right away.
Many people do not realize they can file a claim until later. According to Arkansas Code § 11-9-702(a), you have two years from the date of your injury to file a claim. If you wait too long, you might lose your right to file for compensation forever.
Once you submit your claim for Workers’ Compensation, you must wait for approval from the Arkansas Workers’ Compensation Commission. Some claims are approved relatively quickly, while others are delayed for various reasons. The Commission might want additional evidence about your accident or injuries. You can appeal the decision if your claim is denied, but you will wait even longer before collecting any benefits. Our Farmington Workers’ Compensation attorneys can help you file your claim quickly and hopefully get you the benefits you need.
Possible Workers’ Compensation Benefits for Lumbar Strain in Arkansas
The amount of money you may potentially receive in Workers’ Compensation benefits will depend on how much money you were earning before your injuries. It also depends on the extent of your injuries. Claimants experiencing total disability often receive more benefits than those experiencing partial disability. Our Arkansas Workers’ Compensation lawyers can help you assess your case and get your claim started.
According to Arkansas Code § 11-9-519(a), a claimant experiencing total disability may receive weekly payments amounting to two-thirds of their average weekly wage. For those experiencing partial disability, benefits amounting to two-thirds of the difference between their average weekly wage from before their injury and their current wage earning capacity may be collected each week.
Essentially, the more money you earned before you were injured, the more money you may receive in Workers’ Compensation benefits. However, there are caps to these payments. For total disability, you cannot receive more than $790 per week. For partial disability, the limit is $593 per week.
Call Our Arkansas Workers’ Compensation Attorneys for Help Now
If you strained your lower back while at work or believe repetitive physical tasks at work caused your lumbar strain, our Rogers Workers’ Compensation attorneys can help you file a claim to get benefits. For a free case review, call our dedicated team at (479) 316-0438.
Unfortunately, it is not uncommon for employers to try to fire, demote, or otherwise punish employees who get hurt at work and attempt to claim workers’ compensation benefits. However, the State of Arkansas has laws that prevent employers from taking these actions solely on the basis of the injury itself or the insurance claim.
You may have additional rights against wrongful termination or punishment if you are a contract employee, as opposed to an at-will employee. If your injuries are severe enough that they prevent you from doing your job, you may also benefit from the Americans With Disabilities Act (ADA).
Dealing with a painful work injury is already difficult enough. When your employer tries to violate your rights against retaliation, you deserve quality legal assistance from our dedicated Fayetteville workers’ compensation attorneys. To get a free initial case assessment, call us today at (479) 316-0438.
Can Your Employer Fire You if You Were Hurt at Work in Arkansas?
There is an important distinction to note with this question. Under Arkansas law, your employer may decide to fire you in certain circumstances if you were hurt while working. However, the law does not allow your employer to fire you because you were hurt while at work. This is referred to as “retaliation,” and is considered grounds for a wrongful termination lawsuit.
Your rights also depend on your classification as an employee. There are two general types of employees in Arkansas: at-will and contract employees.
At-Will Employees
An at-will employee has the less rights under Arkansas law than a contract employee. At-will employees typically are paid hourly, daily, or per job, as opposed to receiving a salary. At-will employees may be terminated for no cause. To put it differently, the employer does not have to give a reason why they are firing an at-will employee. However, Arkansas laws against retaliation still bar against the firing of an at-will employee for getting hurt at work or filing a workers’ compensation claim.
Contract Employees
Employees that are under contract have more rights. These rights are contained within the language of the contract. If you are a member of a union, the union likely negotiated the terms of your contract on your behalf. Employers must generally provide a specified reason for termination that is included within the terms of the contract.
Can Your Employer Demote or Reassign You for Getting Hurt at Work in Arkansas?
The Arkansas laws that prevent retaliation against employees don’t just guard against wrongful termination. Employers may not discipline, punish, demote, reassign, or reduce the pay of an employee for no other reason than their workplace injury or workers’ compensation claim. If you have received unfair treatment at work after suffering an injury, even if you were not fired, you should consult a Bentonville workers’ compensation attorney about your rights to restore your previous employment status.
Can Your Employer Fire You if Your Injury Prevents You from Doing Your Job?
As discussed above, your employer cannot fire you simply because you were hurt at work. However, if your injury prevents you from performing the basic functions of your job, that may be valid legal cause for terminating you as an employee.
However, your employer likely has to take some steps to assist you before they make this decision. Injuries that are so severe that they prevent you from doing your job may qualify as a disability under the ADA. The ADA requires employers to provide reasonable accommodations to help you do your job in light of your condition. For instance, if your injuries require you to use a wheelchair, your employer may be required to make modifications that would make your workspace handicap accessible. Arkansas workers’ compensation rules might have similar requirements.
There are limits on how far the ADA can require an employer to go to adjust for your disability. The ADA only forces employers to make “reasonable” accommodations. If the necessary changes would cause undue financial hardship for the employer, that might not be covered under the ADA. If your employer were to make reasonable modifications and your condition still prevented you from fulfilling the requirements of your job, your employer may still terminate you, whether you are an at-will or contract employee.
How Long Do You Have to File a Workers’ Compensation Claim in Arkansas?
If you hope to recover the benefits that you are owed through your employer’s workers’ compensation insurance policy, you must file your claim within two years of when you sustained the injury. If you miss the two-year deadline, your claim will be denied, and you won’t receive any compensation.
Filing a “notice of injury” with your employer is not the same as filing a workers’ compensation claim. Just because you notify your employer of the injury you sustained does not mean that they are legally obligated to file the claim on your behalf, nor does it mean that the clock stops. While your employer may file a workers’ compensation claim for you, you would be wise to take matters into your own hands and file your own claim with the help of your Fort Smith workers’ compensation lawyers.
Can You Be Fired if Your Workers’ Compensation Claim Is Denied in Arkansas?
Firing someone for getting hurt at work is still retaliation, even if they do not file a workers’ compensation claim or their claim is denied. The bottom line is that your employer cannot just fire you if the only reason is that you sustained an injury in the course of your job.
You may also appeal a denial of your workers’ compensation claim. Your appeal would go directly to the Arkansas Workers’ Compensation Commission. You may also choose to appeal if your claim was only partially denied or if you feel that the distribution of your claim’s benefits ended prematurely.
Learn About Your Rights With Our Arkansas Workers’ Compensation Attorneys
For all questions surrounding your rights against harmful employer action after work injuries or workers’ compensation claims, call our Rogers workers’ compensation lawyers today at (479) 316-0438.
Life is rarely a straight and uninterrupted path. Events and circumstances pull folks in many directions. A work-related injury could easily impact your plans. Some people are required to move out of state for personal or economic reasons. Moving is a stressful event when everything else in your life is in order. If you are collecting workers’ compensation benefits or are in the middle of a claim, the level of stress is probably greater. You might be wondering if you can keep your workers’ comp benefits if you move to Arkansas.
The answer is yes – generally, you can keep your workers’ compensation benefits if you move out of state. There are no legal consequences. However, there are some important factors to take into consideration. If you are in the process of filing a workers’ compensation problem, moving out of state presents additional challenges and difficulties.
To make the moving process easier and avoid mistakes that could jeopardize your benefits, it is crucial to speak with our Fayetteville workers’ compensation lawyers. If you have just moved to Arkansas and have questions regarding your workers’ compensation benefits, call (479) 316-0438.
Update Your Personal Information
Whether you are in the middle of a claim or are receiving benefits, you need to advise every one of your correct mailing address and other pertinent information that could change because of the move. This includes informing your employer, your legal representative, and your treating physician.
By providing this information as soon as possible, you reduce the risk of any paperwork being delayed or your benefits being interrupted. It is important very clear when sharing your mailing address, phone number, email address, or other information relative to your case.
Does Moving Affect Your Workers’ Compensation Benefits?
Typically, if you are moving to Arkansas, you do not have to worry about the validity of your worker’s compensation benefits. Where you live does not impact your ability to collect benefits. For example, if you were injured in Texas and met the qualifications to collect benefits, moving to a new location should not affect your ability to receive those benefits.
However, there are still some potential issues to consider. For example, workers’ compensation is not usually required to cover your full medical costs. If you are moving to a place where medical costs are significantly higher, your compensation is not required to cover the increase in costs. Additionally, to qualify for workers’ compensation, you must be unable to work. If you are moving into a region with a reasonable expectation of employment, your benefits should be fine. However, if you are moving into an area where the prospect of finding a job is poor, even if you were not injured, your benefits could be revoked. It is important to have our knowledgable Arkansas workers’ compensation lawyers working at your side.
Moving Out of State Affects Your Medical Care
The most significant change in the workers’ compensation process when you move is the change in your ongoing medical treatment. In most cases, if you move to Arkansas from another state, you will not continue your medical care with the same doctor. Different states have different laws concerning how much leeway a beneficiary has in choosing medical providers. Your benefits depend on continuing your medical treatment, so it is vital to find a new doctor in Arkansas.
However, you do not have to handle this on your own. Our Benton County workers’ compensation lawyers are here to assist you. Our team of lawyers will work closely with you to ensure you continue to receive the medical treatment you require.
Mistakes That Could Hurt Your Workers’ Compensation Claim
You have every legal right to relocate to Arkansas. However, your workers’ compensation claim is predicated on your inability to perform the tasks related to your job. Insurance companies are usually looking to minimize their liability or deny a claim. Moving is a stressful and strenuous endeavor – you do not want to make any mistakes that could hurt your workers’ compensation claim.
Insurance companies could employ a private investigator or conduct other surveillance techniques to see if you are engaging in any activities that could be used to devalue or deny your claim. If you are out of work because of a back injury, you should not be carrying heavy furniture or be involved in moving any heavy objects. You should not post photographs or videos of yourself involved in the move as well. If you are captured doing anything physical, you could lose your benefits. Our experienced Fort Smith workers’ comp attorneys will advise you of other potential mistakes that could jeopardize your monthly benefits.
Timing Your Move if You Are in the Middle of a Workers’ Compensation Claim
When you move can greatly influence your worker’s compensation claim. If your claim was approved and you are receiving monthly payments, moving will have less of an impact. While you still want to ensure that all relevant parties have your updated information and find a new medical provider, these hurdles are usually not that challenging.
However, if your workers’ comp claim has not been approved, moving could cause a host of issues. If you are required to attend a medical examination or court hearing, traveling from Arkansas could be difficult. If you have control over your moving situation, it is often best to wait until your benefits are fully approved before leaving the state.
Accepting a Lump Sum Settlement
While you should be able to maintain your workers’ compensation benefits if you relocate to Arkansas, there is one thing you could do to avoid any potential issues. You might be able to trade your benefits for a cash settlement. With cash in hand, you have complete control over your medical care and vocational rehabilitation. Our Springdale workers’ compensation lawyers could work with the insurance provider to negotiate a settlement that allows you to move forward without any strings.
Our Arkansas Workers’ Compensation Lawyers Offer Free Consultations
Moving to a new state is stressful, even one as magnificent as Arkansas. If you are in the middle of a workers’ compensation claim or are concerned about keeping your benefits, our Huntsville workers’ comp lawyers could alleviate your concerns. Call (479) 316-0438 to discuss how moving will affect your benefits.
If you are dealing with a legal matter, detailed and organized record-keeping is vital. This includes workers’ compensation cases or third-party lawsuits based on workplace injuries. Keeping detailed records increases your chances of receiving the benefits you deserve. Additionally, if there is any dispute with the insurance company, your records could provide critical evidence to support your position. However, if you have never been involved in a workplace injury claim, you probably do not know what documents or records are important.
Some records should be obvious, such as keeping track of your medical treatment and lost time at work. In addition, you should keep copies of any accident reports or the statements of any witnesses who saw the incident. There are also some less obvious records that you should keep, including parking receipts and any other bill that might relate to your injury. Also, do not forget to keep copies of any communications regarding your injury or accident, such as emails, letters, or texts.
Success in nearly every legal matter depends on the strength of your evidence. You could be in the right, but without supporting documentation, you might not get the outcome you are hoping for. Our experienced Fayetteville workers’ compensation lawyers are available to help you build your claim – including gathering the necessary records and documentation. Call (479) 316-0438 to take the first steps in obtaining the benefits you deserve.
Medical Documentation
Medical documentation is necessary to support a workers’ compensation claim. This often includes a written statement prepared and signed by your treating physician. Your medical documentation should include treatment notes combined with your medical charts. The idea is to fully support the severity of your injury, the necessary treatment, and its impact on your ability to perform the tasks associated with your employment.
While the format is not usually important, the content is. Many workers’ compensation claims are denied because of the lack of supporting medical evidence. Our Bella Vista workplace injury lawyers will work with you and your healthcare providers to ensure that the required documentation is collected. However, it is important that you also communicate with your doctor to include pertinent information regarding your condition and treatment.
In addition to your medical records, be sure to keep copies of any medical expenses, bills, or statements. All your medical costs should be covered through your workers’ compensation claim. This information is also critical if you have a personal injury case against a third party. You will have to provide the court proof of the severity of your injuries along with any related expenses.
Out-of-Pocket Expenses
In addition to your medical expenses, you are also entitled to be compensated for your out-of-pocket costs associated with the treatment. For example, you could be reimbursed for travel costs incurred to attend your medical appointments and treatment. This includes expenses such as public transportation, parking fees, or tolls. However, if you want to be compensated for these costs, you must keep a detailed record of receipts and bills. For instance, you should track your mileage to and from your doctor appointments or physical therapy sessions. Be sure to include the date you traveled and the beginning and ending addresses. Always save any receipts or statements you receive.
Work Records
If you are out of work because of your workplace injury, you are entitled to receive temporary benefits based on your salary. The time you miss will impact your compensation. While the days you are out of work will be recorded in your medical records, you should keep a personal log of the time you missed. Errors occur, and if your missed days are not accurate, you want to have detailed notes that could be used to dispute the mistaken record. These records will also assist our Fayetteville personal injury lawyers if you need to file a civil lawsuit.
Other Documents
As you can see, it is critical to keep track of any paperwork related to your injury and your workers’ compensation claim. If the insurance company disputes your claim, you will need evidence to support your position. For example, an accident report could serve as evidence that you informed your employer of your injury in a timely fashion. This information could be vital if you need to appeal your claim.
Therefore, you should keep copies of claim forms, accident or injury reports, doctor’s notes, and contact information of any witnesses. You should retain copies of all correspondence between you and your employer, including letters, memos, and emails. This also includes taking notes of any phone conversations. Be sure to note the name of the person, the date of the call, and a synopsis of the conversation. The more thorough your records, the more evidence our Arkansas workers’ compensation lawyers will have available when filing your initial claim, responding to a dispute, or appealing a denial.
Personal Journal
In a workers’ compensation claim, you are not entitled to recover pain and suffering damages. However, a journal chronicling your experiences could serve an important role. A journal will help you remember what occurred, often serving as a framework to give context to the other evidence collected. If you file a personal injury lawsuit, a personal journal will help our office evaluate your potential pain and suffering damages.
Our Arkansas Workers’ Compensation Attorneys Could Help You Receive the Compensation You Deserve
The importance of keeping detailed and complete records when pursuing a workers’ compensation claim cannot be understated. By saving important documentation, you will be able to provide our Fort Smith workplace injury lawyers with much of the evidence they need to fight for your rights. Whether you are filing an initial claim, appealing a denial, or are considering a personal injury lawsuit, evidence is critical. Call our law offices at (479) 316-0438 to discuss what records you should keep in more detail.
Under Arkansas law, most employers are required to carry workers’ compensation insurance coverage to protect their employees if they are injured on the job. Many injured workers rely on these benefits to pay their medical expenses and provide income if they cannot work because of their injury. While workers’ compensation was designed to afford an injured worker a streamlined process in obtaining benefits, it does have some limitations. What happens if you are still suffering from an injury and your benefits stop? Fortunately, that should not occur. However, there are some crucial facts you should understand about workers’ comp benefits. Ken Kieklak, a Fayetteville, AR workers’ compensation attorney, discusses the answer to this question and other important information in the following article.
How Long Does Workers’ Compensation Last in Arkansas?
Workers’ compensation does not technically “run out.” However, the duration of a case depends on many different factors, including the severity, extent, and permanency of the injury. If your injury is minor, then workers’ compensation benefits could last a few weeks. For a severe injury, a worker could receive benefits for several years. When an Arkansas employee suffers a devastating and permanent injury, they could be entitled to total disability benefits for life.
More specifically, the exact amount of medical and other benefits an injured worker could expect to receive is based on the degree of disability they experience because of the injury.
Temporary Disability Benefits
Under Arkansas law, temporary disability is broken down into two types: total temporary disability and temporary partial disability.
If you are injured but expected to recover, you would fall under total temporary disability benefits. You would receive two-thirds of your salary, limited by statutory caps, until your doctor clears you to go back to work.
Temporary partial disability benefits are available to employees who are able to return to work for modified duties and limited hours while recovering from their injury. The duration of these limited benefits is not specified and will vary depending on your injury, available work, and your doctor’s recommendations.
Permanent Disability Benefits
If your injury resulted in a permanent disability, for example, a herniated disc that results in a permanent injury, you could be prevented from working without limitations or restrictions for the rest of your life. Your injury’s severity will be assessed and given a medical impairment rating by a certified professional. The length and amount of benefits will be based on this assessment.
Other Reasons Why Workers Compensation Benefits End in Arkansas
Workers’ compensation benefits do not “run out.” However, they do end. Hopefully, this is when you are ready to return to work. Unfortunately, that is not always the case. There are many reasons why your benefits could cease before you are healthy enough to rejoin the workforce. When this occurs, an experienced Arkansas workers’ compensation attorney could help you.
Failure to Comply with Medical Treatment
The purpose of workers’ compensation is to provide injured employees compensation while they recover from an injury. If you are injured but do not follow through with your doctor’s prescribed treatment, you could forfeit your benefits.
Refusing a Job or Taking a Different Job
If you are physically limited because of your injury, your employer could offer you a different job with less-tasking duties. Refusing this position could cost you your benefits. On the other hand, if you take another job elsewhere and your employer finds out, your benefits will likely be terminated.
Agree to a Lump Sum Payment
A tactic insurance companies use to limit their liability is to offer a lump sum payment to an injured worker. Often, the temptation of a significant one-time payment is difficult to refuse. However, if the settlement offer fails to cover your medical bills or lost income, you are not permitted to dip another bucket in the well. Before accepting any settlement offer, you should speak with our experienced Harris, AR workers’ compensation lawyer.
An Independent Medical Examinator Declares You Fit to Return to Work
Your employer or insurance company could request an independent medical examination to determine if you could return to work. However, the independent doctor is usually selected by your employer or their insurance company. If you disagree with the results of an examination that declares you ready to return to work, contact our office.
The above is just a small list of why your workers’ compensation benefits could be suspended before you are ready to return to work. Injured employees depend on their benefits to pay their medical bills and supplement their lost income. When these benefits artificially end, you need a knowledgeable Huntsville, AR workers’ compensation attorney.
Third-Party Personal Injury Lawsuits to Supplement Workers’ Compensation Benefits
Workers’ compensation benefits were designed to provide injured workers in Arkansas an easy way to receive compensation for medical expenses and lost income. However, these benefits are limited and might end before an individual is prepared to return to work. One way to supplement workers’ compensation benefits is to file a third-party personal injury lawsuit. While Arkansas law prohibits most claims against your employer, there could be other potentially liable parties depending on how you were injured.
One of the significant advantages of a personal injury lawsuit is that your potential compensation is not capped. Therefore, unlike workers’ compensation benefits that are limited to necessary medical costs and two-thirds of your salary, you could recover your medical expenses, full salary, future earnings, and additional damages, including pain and suffering. These awards could prove invaluable if and when your workers’ compensation benefits run out.
Contact Our Arkansas Workers’ Compensation Lawyer to Review Your Claim
Ken Kieklak, Attorney at Law, has been assisting injured workers in Arkansas for over twenty years. Our office and staff understand the complicated nuances and hurdles a claimant must overcome to receive the benefits they deserve. Sometimes these benefits end before an injured worker has fully recovered. Our Crawford County, AR workers’ compensation attorney is available to help you appeal an early termination, file an initial claim, or review your case to determine if a third-party personal injury lawsuit is advisable. Contact our office at (479) 316-0438 to schedule a free consultation.
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 fall, lifting heavy objects, and falls from a height in Fayetteville or Arkansas, among other reasons. If you would rather file a personal injury claim for your fall, our Fayetteville, AR slip and fall lawyers can help.
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 with Neck Injuries in Arkansas
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 exempt 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. Workers’ Compensation insurance will not cover any injury that occurred outside your job. Injuries that happened outside of your work include those that occur outside the physical confines of your workplace. For instance, going to an official meeting outside the office can still be covered under your employer-issued insurance.
Worker’s 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 Workers’ Comp for a Neck Injury in Arkansas?
The first question some injured workers ask is how much compensation they can get for their injury. The amount of compensation you can expect to receive after a workplace accident will depend on the extent of your injuries. Generally, the Workers’ Compensation system will pay up to 2/3 of your average weekly wage. It is always recommended to have an Arkansas workers’ compensation attorney who can guide you through the entire Arkansas workers’ comp process.
Can My Neck Injury Workers’ Compensation Claim Be Denied in Arkansas?
Unfortunately, not all workers’ compensation cases are approved. There are many situations where getting assistance from the workers’ compensation system is not guaranteed. There are several reasons why the workman’s comp can deny workers’ compensation benefits. We discuss some of these reasons below:
Your Injury Happened Outside of Your Work
This is one of the most important aspects of any workers’ compensation claim. The system will not consider your case if you sustained any injuries outside the scope of your employment. For example, if you suffer an accident on your way to work, you may not be able to get compensation. However, if you were using the company car on official business, you may be protected under workman’s comp. It is essential that your injury happens within the scope of your work. It is essential to have an experienced Huntsville workers’ compensation attorney by your side to help you understand what to expect from your claim.
Lack of Notification
Notification is also essential when fighting for workers’ compensation. The lack of adequate notification to your employer can be enough to deny your claim from the get-go. It is impossible to continue with the claims process without sufficient, timely notification. For this reason, you must notify your employer within thirty days of your accident and injury. Otherwise, you risk having your compensation denied.
Lack of Medical Treatment
Medical treatment is also critical when you are looking to get workers’ compensation benefits. There is no way to assess your injury or help guide the workers’ comp system into understanding the severity of your injuries without proper medical treatment. Without this essential information, there is no way to determine the extent of your injuries and whether such injuries justify the concession of your workman’s comp benefits.
Your Employer Disputes Your Claim
Every time an employee is injured and requests their workers’ compensation benefits, there is a chance their employer’s premium may go up. For this reason alone, your employer may – and will – dispute your claim. Most of the time, your employer will look for any details they can use to justify denying your claim. It is essential to be thorough and conscious about your claim and make sure you are meeting all the requirements set forth by law. Our University of Arkansas workers’ compensation attorneys can help you with all of these matters.
What Can I Do if My Neck InjuryWorkman’s Comp Claim Was Denied?
As you can see, there are many factors that can lead to your workman’s comp denial in Arkansas. However, you should not feel discouraged about something like this happening. It is not uncommon for an employer to deny a claim based on a simple technicality. However, there are ways you can fight and appeal the workers’ compensation decision on your case.
If you disagree with the decision made in your case, you can file your appeal with the Arkansas Workers’ Compensation Commission. It is worth mentioning that there is a limited time to file your appeal depending on your case. For instance, if you are appealing an accidental injury claim, you have up to two years from the date of your injury. If you are filing an appeal for an occupational disease, your filing time is one year from your last exposure to the substance that caused your condition.
Before a hearing takes place, you may be given a chance to go through a mediation hearing. Through mediation, you can discuss your case and agree to certain terms that may settle your dispute. If you don’t want to go through mediation, you can go through a formal hearing where an Administrative Law Judge (ALJ) will see your case and reach a final determination – which is binding.
It is essential to be as thorough as possible when preparing for your formal hearing. This is an excellent moment to present the judge with as much supporting evidence as you can. It is also critical to have the assistance of an experienced Arkansas workers’ compensation attorney. Your Harris, AR workers’ compensation lawyer can prepare your case by gathering relevant data such as your medical records and reports, accident reports, proof of filing, and any other relevant data.
If you disagree with the ALJ’s determination on your hearing, you can request an appeal with the Arkansas Workers’ Compensation Commission. A panel of judges will see your case and make a determination on it. If you still disagree with the commission’s decision, you can file an appeal with the Arkansas Court of Appeals.
Can I File a Personal Injury Claim Outside the Workers’ Comp System in Arkansas for a Neck Injury?
As an injured worker, you may wonder whether you have the opportunity to file a personal injury claim to maximize your compensation. As a general rule, you cannot file a personal injury lawsuit because you already receive assistance from your employer-provided insurance. When you accept the terms of your workers’ compensation insurance, you basically waive your right to sue in civil court for an accidental injury. However, there are exceptions to this general rule that may apply to your case.
f your injury involved a defective product, a personal injury claim may be possible and could allow you to file a product liability claim. Through this claim – which is based on personal injury law – you may hold the manufacturer liable for all your injuries and losses.
Another potential way to file a personal injury claim is if your employer engaged in gross negligence and such conduct led to your work accident. You may hold your employer directly liable for your accident and fight for compensation. You may also hold your employer directly liable if they did not carry proper workers’ compensation insurance at the time of your accident.
There have been situations where an employee suffers an accident and catastrophic injuries due to another party’s actions. If a third party caused your injury, you may have a cause of action against that person. This is especially true in cases involving a third party that doesn’t work for your employer or your company. These exceptions don’t always apply to every case. It is always in your best interest to hire an experienced Arkansas workers’ compensation attorney who can help you understand what you can expect from your particular case.
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.
Arkansas’ workers’ compensation law provides injured workers financial benefits if they were hurt during the course of their employment. Under this system, an injured worker only needs to prove that their injury occurred while they were working. Unlike a personal injury lawsuit, a hurt employee does not have to prove someone else was at fault. However, many claims present unforeseen challenges. Ken Kieklak is a Fayetteville, AR workers’ compensation attorney dedicated to assisting injured workers avoid many of the problems and hurdles associated with filing a claim. Below, we discuss the qualifications and potential issues with workers’ compensation claims in Arkansas.
What Does “During the Course of Employment” Mean in an Arkansas Workers’ Compensation Claim?
To qualify for worker’s compensation benefits, you must have been injured during the course of your employment. While this might appear to be a simple concept, it could be difficult to establish. Especially if you work off-site, after hours, or are otherwise doing something outside your regular scope of work.
Legally, the course of employment includes the period of time employees are engaged in their work. This period includes the time a worker takes to prepare for work on the employer’s premises, such as changing into work clothes. Therefore, if you are walking from your car to your place of employment, the injury might not qualify for benefits. However, when an employee has to travel to a different location, for example, an IT specialist working at a client’s place of business, an injury traveling from your car to the destination could entitle you to benefits.
Additionally, you must be engaged in duties required by your employment or on behalf of your employer. In many cases, injured workers have difficulty in proving this element. For example, if you are in a car accident while traveling to an off-site meeting, you could be covered. However, if you stop for lunch on your way to the meeting and are involved in an accident while in the parking lot, you were probably not engaged in duties related to your employment. Insurance companies will use this distinction to deny your claim.
There are other challenging situations where establishing that your injury occurred during the course of your employment requires an experienced Arkansas workers’ compensation lawyer. Recreational activities are often contested. For instance, if you break your ankle while at a company picnic or playing for an office softball team, you might qualify for benefits. However, if your activity was benefiting or at your employer’s request, your injury could be covered.
Similarly, if you were injured while going out for lunch it probably you are probably not eligible for workers’ compensation benefits. However, if your supervisor sent you out to pick up lunch for the office, then your injury should be covered.
Working with an experienced University of Arkansas workers’ compensation attorney will help you determine and prove that your injury occurred during the course of employment, especially if the insurance provider questions the validity of your claim.
Steps to Qualify a Workers’ Compensation Claim in Arkansas
If you fail to take the proper steps after an injury, you might not qualify for workers’ compensation benefits. Promptly reporting your injury to your supervisor or employer is a critical first step. Not only is this required, but any delay could also be used to deny your claim. If you were injured on a Friday afternoon but waited until Monday to report the incident, an insurance company could argue that your injury occurred over the weekend.
If necessary, you should seek immediate medical attention if you are injured. However, under Arkansas law, your employer or their insurance provider has the right to pick the doctor. If you decide to see another doctor, you might not qualify for benefits. When an injured worker wants to change doctors, they should talk with an Arkansas workers’ compensation attorney so that the appropriate paperwork is filed correctly.
Following through with any prescribed medical treatment is vital to qualify for and continue to receive benefits. Workers’ compensation benefits are usually provided until you are able to return to work. If you are ignoring your medical treatment, then you might no longer be eligible for financial compensation. Additionally, if an injured worker finds other employment, they will no longer qualify for benefits. You should speak with our Washington County, AR workers’ compensation attorney before making any decisions about discontinuing medical treatment or taking another position.
Common Qualifying Injuries for Workers’ Compensation in Arkansas
The difficulty in some workers’ compensation claims is determining when and how the injury occurred. Once you have established that an injury happened during the course of your employment, you should qualify for workers’ compensation benefits. The type of injury usually does not matter. However, if you believe the approved doctor has misdiagnosed or failed to acknowledge the severity of your injury, contact our Arkansas workers’ compensation attorney.
In many cases, the type of injury is dependant on the work that a person does. Some jobs, such as construction, tend to have more significantly serious injuries. However, someone who is sitting behind a desk is also subject to injury. Some typical injuries that occur in the workplace include slip and fall accidents, cuts, repetitive motion injuries, muscle strains, fractures, and, in some cases, wrongful death. If you have any questions regarding whether your type of injury should be covered, contact an experienced Fayetteville, AR back injury workers’ compensation attorney.
Call Our Arkansas Workers’ Compensation Attorney to Determine if Your Injury Qualifies for Benefits
Workers’ compensation laws were enacted to provide injured employees financial benefits for their medical expenses and lost income if they were hurt on the job. Qualifying for these benefits only requires showing that an individual was injured during the course of their employment. However, some cases are more challenging than others. Ken Kieklak, an Arkansas workers compensation lawyer, is committed to helping injured employees receive the benefits they require and deserve. Call our office at (479) 316-0438 to schedule a free consultation.
Individuals who are hurt at their workplace in Arkansas are typically permitted to collect monetary benefits under Arkansas’ workers’ compensation law to cover their medical expenses and their lost wages. However, there are situations when a worker is entitled to file a personal injury lawsuit against another individual or employee. Below, Ken Kieklak, an experienced Arkansas workers’ compensation attorney, discusses the factors that come into play when deciding to sue an individual for a workplace injury.
Arkansas Workers’ Compensation Benefits vs. a Personal Injury Lawsuit
Many workers in Arkansas suffer severe and debilitating injuries while on the job. Most people might only think about injuries occurring at construction sites or involving employees engaged in high-risk jobs. However, injuries happen in every line of employment. An officer worker could suffer carpal tunnel syndrome from hours of computer work or a store clerk could be injured while stocking shelves. No matter the type of injury, nearly every employee in Arkansas has the ability to seek compensation through a workers’ compensation claim if their injury occurred while on the job. Workers’ compensation claims can still be challenging, so it is crucial to have the representation of an experienced Arkansas Tyson Foods workers’ compensation lawyer to avoid possible problems.
Workers’ compensation was designed to be a streamlined process allowing injured workers to obtain monetary benefits without proving fault in a court of law. Despite the advantages, workers’ compensation has its drawbacks. An approved doctor must provide medical treatment, the amount of lost wages an injured employee could receive is capped, and a hurt worker is not entitled to recover for pain and suffering or other non-economic damages.
In a personal injury lawsuit, an injured employee must establish that another party was negligent. If successful, the hurt worker could recover their full lost income and their non-economic damages. However, under Arkansas law, an employee is ordinarily prohibited from suing their employer. Fortunately, this prohibition does not extend to third-parties or individuals. If you are injured at work, you should contact our Arkansas personal injury attorney to determine if another party could be held responsible for your damages.
Suing a Co-Worker for a Workplace Injury in Arkansas
The idea behind workers’ compensation law is to provide injured workers a faster and more efficient way to receive financial support if they are hurt on the job. As stated above, this benefit comes with some limitations. In most cases, an employer is immune from being sued for a workplace injury. Most states in the county afford a similar immunity to co-workers. However, Arkansas is one of four states that allow workers to file a personal injury lawsuit against a co-worker.
Suffering an injury at your workplace does not mean you automatically have a right to sue a fellow employee. Their negligent conduct must have contributed to or caused your injury. In some cases, another worker could be held accountable if their actions were deliberate. For example, if a fellow employee intentionally pushed you down a flight of stairs, they could be held liable for any injures you suffered.
Another employee does not have to intend harm to be held accountable for an injury. For instance, if a fellow worker was driving you to an off-site location under the scope of their employment and was involved in a car accident because they were speeding or otherwise driving recklessly, you could have a viable claim against them. When an injury is caused by an employee doing something outside the scope of their employment, they could be held personally responsible. The circumstances surrounding what occurred will determine whether you could sue a fellow employee. Our Fayetteville, AR workplace injury attorney will investigate the facts surrounding your injury to determine if a fellow employee could be to blame.
Third-Party Lawsuits for Work-Related Injuries in Arkansas
Some injuries in Arkansas workplaces are caused by the careless or negligent conduct of third-parties unrelated to your work. Our attorneys and staff will thoroughly review the facts and evidence regarding your injury to determine if a third-party contributed to and could be held responsible for the harm you suffered.
Driving to an off-site job location could result in a claim against another individual. An accident could be caused by another motorist driving negligently, either texting, drinking, or otherwise acting in a manner that endangered others. Even though you were driving for work and it was a work-related injury, you are permitted bring a claim against the negligent driver.
Some other examples of third-parties that could be sued because of their negligent conduct include a delivery person who carelessly stacks boxes of paper or other materials, an electrician who leaves live wires exposed in an office, and a building manager who fails to address poor lighting in a stairwell.
Third-party claims do not prohibit you from also pursuing a workers’ compensation claim. It is essential that you speak with our Fayetteville, AR workers’ compensation attorney so you understand your legal rights and options.
Call an Arkansas Workers’ Compensation Attorney Who Will Fight for Your Rights
Workplace injuries could be devastating, leaving individuals in pain and their families in a difficult financial position. While workers’ compensation benefits are available, they are not always sufficient to cover the full extent of harm done. Ken Kieklak, Attorney at Law, not only helps injured employees navigate the complexities of Arkansas’ workers’ compensation laws, he is also determined to hold anyone responsible accountable. By pursuing a civil claim, many injured workers could receive the additional compensation they and their families need. Call (479) 316-0438 to schedule a free appointment.