If you were injured in a workplace accident or suffer from a work-related condition, you need to act quickly to secure compensation for your medical bills and lost wages. The Arkansas Workers’ Compensation Commission (AWCC) sets time limits and other rules that dictate how and when you must apply to get the compensation and benefits you need.
Injured workers have 2 years to file formal claims for Workers’ Compensation benefits with the AWCC, but may get damages sooner and without filing a formal claim by settling with an insurer. Depending on where you work, your path to Workers’ Compensation may not be particularly formal, and it may be unclear when your claim is completed. If you have any questions about the process or whether your claim was filed properly, talk to our lawyers.
For help filing your Workers’ Compensation case on time, call our Fayetteville, AR Workers’ Compensation lawyers at (479) 316-0438 today to schedule a free consultation.
What is the Statute of Limitations on Filing a Formal Workers’ Compensation Claim in Arkansas?
You should never delay seeking Workers’ Compensation benefits after an occupational injury that stops you from working, especially since you only have a short period of time to claim benefits.
The statute of limitations for filing a formal Workers’ Compensation claim with the AWCC is 2 years from the date you sustain an occupational injury. This is notably shorter than the 3-year statute of limitations for personal injury lawsuits in Arkansas.
While it’s important to know the statute of limitations, you might not have to file a formal Workers’ Compensation claim if your employer’s insurer settles with you, which may happen if you have clear proof of an occupational injury.
What is the Statute of Limitations on Fatal Workers’ Comp Claims in Arkansas?
Fatal workplace injuries often leave behind devastated survivors, the family members of the deceased victim. Workers’ Compensation benefits are also available in this scenario, and only for a limited time.
The statute of limitations to file formal fatal Workers’ Compensation claims in Arkansas is 2 years from the date of death or the date of injury, if an injury was immediately fatal, or 1 year from the last payment of Workers’ Compensation benefits, whichever comes later.
This deadline is important for beneficiaries of Workers’ Compensation death benefits, such as surviving spouses and children.
What is the Time Limit for Reporting a Work Injury to Your Employer in Arkansas?
There are other deadlines injured employees have to know about if they want to get Workers’ Compensation, such as reporting an accident to your employer as soon as possible.
You should report a workplace injury to your employer immediately, even though you have up to 45 days to do so in Arkansas. Once it becomes clear that your injury will keep you from work, you should contact your employer and report the injury. You can do this in writing with our help, using any of your employer’s forms or processes to report occupational injuries.
If you don’t report your injury to your employer within 45 days, you may be denied Workers’ Compensation benefits and lose your chance to file a formal claim with the AWCC.
How Long Does Your Employer Have to Report an Injury to Workers’ Comp in Arkansas?
Employers also have deadlines to meet in Workers’ Compensation claims, such as for reporting a workplace injury to an insurance carrier.
Illinois employers have 1 month to report any workplace injury involving more than 3 missed workdays to their insurance carriers. This notifies an insurer of a workplace injury and initiates the review for Workers’ Compensation benefits.
When Do Workers’ Compensation Payments Start for an Accepted Claim?
If your employer accepts your claim, your payments should begin after the 7th day of disability.
If the injury ends up lasting longer than 14 days, which is common in serious cases, your benefits will be paid retroactively, covering you back through the first day after your injury. If your claim is not filed by this 7th day, it may be more difficult to get the benefits you need.
What Happens if You Miss the Statute of Limitations for a Formal Workers’ Compensation Claim in Arkansas?
You may only have to worry about meeting the statute of limitations for a formal Workers’ Compensation claim if your employer’s insurer does not award you enough through a settlement. Still, you should be familiar with it nonetheless, as not all initial claims are approved.
If you miss the 2-year statute of limitations to file a formal Workers’ Compensation claim with the AWCC, you lose any claim for benefits. Even if your formal claim is legitimate, you can no longer pursue Workers’ Compensation damages in Arkansas if it has been longer than 2 years since an injury.
What is the Statute of Limitations on Workplace Injury Lawsuits in Arkansas?
Workers’ Compensation is the mandatory recovery method for most Arkansas workers. Unless you are self-employed, work for the federal government (e.g., as a postal worker), or you work in certain railway jobs, Workers’ Compensation most likely covers you, preventing you from suing your employer for your injuries.
If you are an independent contractor, one of the individuals listed above, or another worker not covered by Workers’ Compensation, you may be able to file a lawsuit against your employer for a work injury instead.
In that case, you have up to 3 years to file your personal injury lawsuit, but you should always consult with an attorney earlier to make sure there is enough time left in the statute of limitations to work on and file your case.
Can You Still File a Lawsuit if You Miss the Statute of Limitations for a Formal Workers’ Compensation Claim?
If you miss the statute of limitations to file a formal Workers’ Compensation claim with the AWCC, there might still be time for you to file a personal injury lawsuit, provided our Arkansas Workers’ Compensation lawyers can confirm that a third party other than your employer shares liability.
The statute of limitations for formal Workers’ Compensation claims in Arkansas is 2 years, while the statute of limitations for personal injury lawsuits is 3 years. If you can no longer pursue Workers’ Compensation, you might have enough time to identify a liable third party that shares fault for workplace injuries, such as a negligent product manufacturer.
How Long Do You Have to Appeal a Denial of Workers’ Compensation Benefits in Arkansas?
If your employer or their insurance company refuses to pay Workers’ Compensation benefits because of a delay or lack of information, contact an attorney immediately to appeal the denial with a formal claim and get the benefits you need.
Any delay in filing your claim may ultimately lead your employer to deny your Workers’ Compensation claim. If this happens, you must file a formal claim with the AWCC. You must file a formal claim to appeal an insurer denial within 2 years of the date of injury.
If your employer begins paying you, but then terminates your Workers’ Compensation benefits, you have 1 year from the last date your benefits were paid to file your appeal with the AWCC.
What Happens if You Wait Too Long to Pursue Workers’ Compensation Benefits?
If you do not file your Workers’ Compensation claim as soon as you know your injury will keep you from working, you could face complications with your recovery of Workers’ Compensation benefits.
If you are seeking Workers’ Compensation for an accidental injury or work-related condition, your employer may use any reporting delays against you. You are allowed a reasonable time to recover until you are well enough to start your claim or speak to an attorney – but your employer or their insurer may consider any delays beyond that as a problem with eligibility for benefits.
Why Do Some People Miss the Statute of Limitations on Workers’ Compensation Claims?
Unfortunately, it is all too common for injured employees to miss the statute of limitations for filing formal Workers’ Compensation claims and other reporting deadlines, especially when they try to navigate the recovery process alone.
If you don’t have a lawyer to inform you, you may not know about the 45-day deadline to report a workplace injury to your employer. You also might not know that you can pursue a formal claim with the AWCC if your employer’s insurer doesn’t accept your initial claim, and that a denial from an insurer is not necessarily the end of your case.
Arkansas Work Injury Lawyer Offering Free Consultations
For your free case review from our Arkansas Workers’ Compensation lawyers, call (479) 316-0438 today.