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Highfill, AR Workers’ Comp Lawyer

Highfill, AR Workers’ Comp Lawyer

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    When you get hurt at work, you need coverage for your lost wages and the medical bills you face.  While a lawsuit might be available in some cases, proving who hurt you and how much your case is worth might be difficult.  In some cases, it might even be impossible.

    Instead, Workers’ Compensation can pay you regardless of how your work-related accident happened, getting you coverage for your injuries while you cannot work.  Filing through this process, however, can often get the best results when working with a lawyer who has specific experience with the intricacies of Workers’ Compensation law.

    For a free review of your case, call our Workers’ Compensation lawyers today at (479) 316-0438.

    Qualifying for Workers’ Compensation Coverage in Highfill, AR

    When you get hurt at work, your employer’s Workers’ Compensation can often cover your injuries and prevent you from needing to file a lawsuit.  However, there are a few things that have to happen for your case to be eligible for Workers’ Compensation in the first place:

    Employee Status

    Workers’ Compensation only covers “employees,” not “independent contractors.”  The distinction between an employee and an independent contractor is often a fine line, with many workers who think they are independent contractors actually being misclassified, potentially qualifying them for coverage they did not know they deserved.

    Employees generally have the time, place, and manner of their work controlled by their employer, meaning that you might actually be an employee even if you get paid with a 1099 or have an employment contract, regardless of whether your employer would rather treat you as a contractor.

    One reason this coverage is for employees only is because, as a trade-off for Workers’ Compensation’s coverage, employees cannot sue their employers.  If you are an independent contractor, then you can sue the client/person you work for instead of using Workers’ Compensation.

    Work-Related Injury

    The core qualification for Workers’ Compensation coverage is that the injury is work-related.  If the accident happened at work while you were doing your job, then it likely qualifies you for Workers’ Compensation benefits.  If it instead happened during your morning commute or on the weekend, it likely does not qualify.  However, there are always questions about where this line is drawn.

    If the accident happened outside your worksite, it can still be covered if it was related to your work tasks.  Some accidents outside your normal work hours might also qualify for coverage if they happened at a retreat or a work gathering or something else you attended for work.  Our Workers’ Compensation lawyers can help you determine whether your accident qualifies as “work-related” and whether you can get it covered under Workers’ Compensation.  If not, we can help you file a lawsuit against the appropriate parties to get the damages you are owed.

    Keep in mind that employers and their insurance companies will often fight this element first and deny that your injury was truly work-related.

    Unintentional

    If you caused your “accident” intentionally, it cannot be covered.  Claiming that you caused your accident on purpose is another way that insurance carriers will often attack claims and try to avoid coverage.

    Otherwise, accidents can still qualify for coverage if you caused them yourself, as long as what you did was an accident.  For example, getting your sleeve caught in a machine or burning yourself on something you heated in the first place would all be “your fault,” but as long as the injury was accidental, Workers’ Compensation can still cover you.  This is a huge help, given that if a lawsuit would not be available for an accident you caused, yet coverage can still be claimed through your employer’s Workers’ Compensation insurance.

    No Drugs or Alcohol

    Similarly, accidents caused by your own intoxication or use of drugs cannot be covered, either.

    Third-Party Liability

    Having a third party be liable for an accident does not stop you from getting coverage, but it does give you the option of filing a lawsuit.  When you file a Workers’ Compensation claim, you can get coverage from your employer’s insurance even for accidents caused by someone else.  However, there is no restriction on lawsuits against those third parties like there are for lawsuits against your employer.  This might open more damages by suing them, potentially opening that pathway as an alternative to Workers’ Compensation or as a supplement to your insurance claim.

    Employer Has Insurance

    Your employer can only pay you through their insurance carrier if they carry the required insurance.  If they do not, you can sue them directly instead.

    Damages Available for Injured Workers Through Workers’ Compensation in Highfill, AR

    “Damages” generally refers to the money paid through a lawsuit to the victim for the harms the defendant caused them.  In Workers’ Compensation cases, it would be more accurate to call the money you get “benefits” because it was not necessarily your employer’s fault that you got injured.  Even so, the following benefits are usually available, though the specifics of your case might change their availability.

    Medical Coverage

    Your medical bills should be paid directly by the Workers’ Compensation carrier when you are injured.  A trade-off, however, is that the carrier can often dictate what doctor you use, though we may be able to file for an exception to get to use a doctor of your choice instead.

    Wage-Loss Benefits

    While you cannot work, your lost wages are paid back to you at a rate of 2/3 of what you normally receive, based on your average weekly wage.  In some cases, you may be able to work at a partial capacity, resulting in partial benefits instead.

    No Pain and Suffering

    One area of benefits not available through Workers’ Compensation is pain and suffering.  However, our lawyers may be able to help you file a lawsuit against a liable third party to recover these damages and the other 1/3 of your lost wages.

    Compensation for Permanent Injuries

    If you sustained a permanent disability or lost a body part in your accident, you can get additional benefits for that loss.  These are paid by a “schedule” of benefits that lists a number of weeks of benefits for each injury, such as 24 weeks for the loss of a third finger or 42 weeks for loss of hearing in one ear.  There are also rules about what percentage of lost function counts as “total loss” and how to calculate benefits for partial lost function.

    Call Our Workers’ Comp Lawyers in Highfill, AR Today

    For a free review of your case, call our Workers’ Compensation attorneys at (479) 316-0438 today.