Employers who are seriously injured during the course of their employment could be eligible to receive financial benefits under Arkansas workers’ compensation laws. These benefits could be used to offset medical costs, cost of living, and your lost wages. However, if you have been injured, you might be worried about how long your benefits will last. What if it takes months to recover physically? What happens if you are permanently disabled because of the injury?
Ordinarily, workers’ compensation benefits will cover all of your medical expenses. A problem could arise when it comes to lost income. Under workers’ comp benefits, an injured worker receives a portion of their original salary. Additional, depending on how your injury is defined, this benefit is only available for a limited time.
Workers’ compensation claims might appear straightforward at first, but many problems and issues could arise. Furthermore, to receive the full compensation you deserve, you might have to file a personal injury lawsuit against a third party. Our Fayetteville workers’ compensation lawyers have assisted injured workers throughout Arkansas for decades. Call (479) 316-0438 to review the facts concerning your injury claim.
Where Can I Find the Forms to File for Workers’ Comp in Arkansas?
Before you worry about filing a workers’ comp claim in Arkansas, you must let your employer know that you have been injured. Giving your employer notice serves two purposes. First, it provides documentation that you were injured at work. Ordinarily, an accident or incident report will be completed detailing the circumstances surrounding your injury. Additionally, workers’ compensation insurance is paid for and managed by your employer. Therefore, after you report an injury, your employer will provide the various forms you need to complete to start a claim. You can contact the Arkansas Workers’ Compensation Commission for other specific forms you might require. It is also advisable to call our Arkansas workers’ compensation lawyers to ensure the process moves forward in a timely fashion.
Do I Need to See a Doctor to Qualify for Workers’ Comp in Arkansas?
Workers’ compensation exists to provide injured workers in Arkansas monetary benefits for medical expenses and lost wages. A critical factor is demonstrating you have an injury. Due to this, you need to see a doctor. However, in Arkansas, your employer or their insurance carrier determines what doctors you are permitted to see. If you receive treatment from your own physician, your workers’ comp benefits could be denied.
Can Mental Injuries Receive Workers’ Comp in Arkansas?
Under Arkansas law, you are permitted to receive workers’ comp benefits for a mental illness or injury. You must prove that the injury resulted from a work-related accident or injury for a successful claim. However, you are not allowed to claim that your mental illness or injury resulted from observing another person being seriously or fatally injured while at work. The underlying physical injury is something you must have suffered yourself.
In addition to resulting from an injury you sustained, you must also be examined and diagnosed by a licensed psychologist or psychiatrist to receive compensation. You will also have to prove that your anxiety, stress, or mental illness qualifies for workers’ compensation benefits. Typically, you will have to demonstrate that your condition meets the requirements set forth in the latest edition of the Diagnostic and Statistical Manual of Mental Disorders. If you have a question regarding mental injuries, contact our Arkansas workers’ comp lawyers.
How Long Does Workers’ Comp Last for Physical Injuries in Arkansas?
The length of your workers’ compensation benefits depends on the severity of your injuries and your recovery time. Typically, you could expect to receive a percentage of your lost income for up to six months for a physical injury. In more severe cases, you could receive benefits for up to 450 weeks. For the most devastating injuries that result in permanent disabilities, you could receive workers’ comp benefits for the rest of your life.
Total, Partial, Temporary, Permanent: How Does My Injury Type Affect My Workers’ Comp?
The amount of medical benefits you are likely to receive through workers’ comp depends on the severity of your injury and the degree of your disability. The actual duration of your benefits will often be determined by the authorized physician providing your treatment. Notwithstanding, in Arkansas, disabilities are divided into three types. How your injury is classified will impact how long your benefits last.
Temporary Total Disability
Temporary total disability benefits are paid while you are out of work and under an authorized doctor. For example, you might receive these if you fractured your arm and are expected to return to work after a relatively short recovery time. The treating doctor will determine when you can return to work.
Partial Permanent Disability
Partial permanent disability benefits are paid after your doctor has released you from their medical care and are determined through listings in the “American Guide to Permanent Impairment.” These workers’ comp benefits are only paid if you prove you have a permanent injury through objective evidence, such as a CT scan or MRI.
Permanent Total Disability
Permanent total disability benefits are workers’ compensation benefits that are paid if your injury prevents you from earning a living wage. These injuries are usually very severe or catastrophic, such as amputations or permanent paralysis.
Arkansas Workers’ Comp Lawyers Fighting for Your Rights
If you twisted your ankle while at work and expect to miss a couple of weeks to a month of work, you might not need legal assistance. However, if you suffered a more serious injury and are worried that you are not receiving the medical treatment or financial benefits you deserve, contact our experienced Bentonville workers’ compensation lawyers at (479) 316-0438.
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