After your work-related injury, you may choose to file a Workers’ Compensation insurance claim to receive benefits. That said, knowing how much you’ll get, and how long you’ll receive benefits in Arkansas, is important.
How long you can stay on Workers’ Compensation benefits in Arkansas will depend on your injuries. In cases of total disability, victims can receive benefits for the rest of their lives. For temporary partial disability, you can get benefits until you heal. Arkansas residents that meet the criteria for permanent partial disability will receive 66 2/3% of their average weekly wages (AWW) for a certain number of weeks, depending on their injuries. In cases of death, spouses may be able to receive benefits for the rest of their lives. That said, it’s still important to consult with an attorney so that you can get what you deserve for the right amount of time.
We’re here to help victims and families in Arkansas recover Workers’ Compensation benefits. For a free case evaluation with our Arkansas Workers’ Compensation lawyers, call today at (479) 316-0438.
How Long Can You Receive Workers’ Compensation Benefits in Arkansas?
After a work-related injury, you may be at a loss. How will you earn an income and support your family as you heal and recover from your injuries? Generally, injured employees can file a Workers’ Compensation claim to replace income during the recovery process, provided they are eligible. Depending on an Arkansas victim’s injuries, they may be able to receive benefits for more or less time than they anticipated.
Total Disability
If your work-related injury has left you totally disabled, you may qualify for permanent Workers’ Compensation benefits. That said, proving the need for endless benefits throughout the rest of your life can be difficult. An experienced Bentonville Workers’ Compensation lawyer must compile the necessary medical records that illustrate the extent of your injuries and assist you through potential annual check-ins requested by your previous employer or their Workers’ Compensation insurance carrier.
Suppose you qualify for total disability benefits through Workers’ Compensation. In that case, you can receive regular payments for the rest of your life. Generally, the sum of these payments is decided based on your previous income. For example, injured Arkansas workers can receive payments equivalent to 66 2/3 % of your previous average weekly wage, according to Ark. Code § 11-9-519(a). The maximum compensation rates for total disability 2022 is $790.
Temporary Partial Disability
Temporary partial disability refers to individuals injured at work who can reenter the workforce in the future, albeit potentially not at the same job as before an injury. For example, if you are injured, preventing you from doing your previous job, you will receive payments equal to 66 2/3% of the difference between your previous average weekly wage and your wages after the injury. The length you can receive such benefits will depend on your specific injury, according to Ark. Code § 11-9-520.
Generally, injured workers receiving temporary partial disability benefits through Workers’ Compensation insurance in Arkansas will receive benefits for medical expenses until they have recovered. That said, benefits for lost earning potential may vary, depending on the case. That is why it is important to speak with an experienced Fort Smith Workers’ Compensation lawyer if you require benefits for the long term.
Permanent Partial Disability
Arkansas gets relatively specific regarding how long you can receive Workers’ Compensation insurance benefits depending on your injury, according to Ark. Code § 11-9-521. Suppose you sustain a permanent partial disability, like amputation or disfigurement. In that case, you may be able to receive Workers’ Compensation payments according to a specific payment schedule.
For example, suppose you lose your hearing in both ears from a work-related injury in Arkansas. In that case, you can receive benefits for 158 weeks. Interestingly, the percentage of loss of function plays a part. For example, suppose you lose 50% function of your leg, between the knee and ankle. In that case, you can receive 50% of 66 2/3% of your AWW for 131 weeks. Clearly, Arkansas’ Workers’ Compensation insurance laws are complicated, especially when it comes to permanent partial disability. To ensure you get all benefits available for the allotted time, speak to a Huntsville Workers’ Compensation benefits lawyer immediately. You deserve full access to the benefits available to you for your work-related injury.
How Long Can I Stay on Workers’ Compensation if My Loved One Dies in Arkansas?
In the unfortunate circumstance that an employee’s work-related injury results in their death, a family may wonder whether or not they are eligible for Workers’ Compensation benefits. In Arkansas, the answer is yes if a victim’s death occurred within one year of the injury or three years of the commencement of benefits.
According to Ark. Code § 11-9-501(b), spouses and other close relations can recover will be, at most, 66 2/3 % of the decedent’s AWW. Partial dependents, meaning those who did not solely rely on a decedent’s income for financial support, can receive Workers’ Compensation benefits for up to 450 weeks. Otherwise, unmarried spouses can receive regular payments for the rest of their lives, according to Ark. Code § 11-9-527(c)(1).
Again, the percentage of benefits each party receives will depend on their relation to a decedent, so speak to an Arkansas Workers’ Compensation lawyer for clarification. Children generally stop receiving payments when they turn 18 or 25 if they are full-time students, barring any incapacitations or disabilities, according to Ark. Code § 11-9-527(d)(2).
It’s important to note that, like other Workers’ Compensation claims, victims or their families can receive lump-sum payments. That means you’ll get everything you’re owed in one large payment instead of getting smaller payments over time. Depending on your family’s needs, that may be preferable. Regardless, your Springdale Workers’ Compensation lawyer can help figure out a payment plan that works best for your family, even after a loved one’s death.
Call Our Arkansas Lawyers to File a Workers’ Compensation Claim Today
If you were recently injured at work in Arkansas, our attorneys can help. For a free case evaluation with our Washington County Workers’ Compensation lawyers, call today at (479) 316-0438.