In Arkansas, any company or business with at least three employees is required to carry Workers’ Compensation insurance. This insurance provides crucial benefits to those who have been hurt on the job. Injured employees who file for Workers’ Compensation can obtain payment for both medical expenses and lost wages caused by their injuries.
If your employer is based in Arkansas, then you must file for Workers’ Compensation benefits in Arkansas. After suffering a workplace injury, you should notify your employer right away. Your employer should then inform their insurer and file a claim on your behalf. However, if you are unhappy with how your employer or their insurer is handling your case, then you may file your own claim with the Arkansas Workers’ Compensation Commission.
Get help from our Fayetteville Workers’ Compensation attorneys by calling (479) 316-0438 to review your potential claim for free.
How to Recover Workers’ Compensation Benefits in Arkansas
The process of recovering payment for a workplace injury can be complex. Fortunately, our experienced Rogers Workers’ Compensation lawyers can offer support and guidance when navigating each of the following stages of your case:
Seek Medical Attention for Your Injury
The first step to take after suffering a workplace injury should be seeking medical treatment. If you require emergency treatment, then you should call 911 and have an ambulance sent to the scene. If you do not require emergency treatment, then you should till see a doctor as soon as you can. You will need proper documentation of your injuries in order to obtain Workers’ Compensation benefits. Furthermore, your boss’s insurance company may use a delay in treatment to argue that you were not seriously hurt.
Inform Your Employer of Your Injury
The next step will involve notifying your employer of your injury. You should notify your employer of your injury as quickly as possible after suffering a workplace accident. Afterwards, your employer should notify their insurer and initiate the process for filing your claim.
After reporting your injury to your employer, their insurance company may ask that you visit a healthcare provider they selected. This provider will evaluate your injuries to determine the full extent of harm you sustained. In turn, this information will be used to determine how long you will remain disabled and the amount of benefits you require. Under special circumstances, you may request that your employer’s insurer allows you to be evaluated by a provider of your choice.
Appeal Wrongfully Denied Benefits
If your claim for Workers’ Compensation benefits was wrongfully denied or you did not receive the full extent of payment you are owed, then you may be able to file an appeal with the Arkansas’ Workers’ Compensation Commission.
To initiate your appeal, you should file a claim with the commission by completing and submitting a Claim for Compensation form. Alternatively, you may write a letter to the Commission requesting a formal hearing. If you suffered a workplace accident, then you must file your claim with the Commission within one year of the date of your accident happened or one year from the last time you received any compensation.
After filing an appeal, the Workers’ Compensation Commission will inform your employer and begin an investigation into your case. You may need to attend various hearings and present an array of background information pertaining to the injury you suffered. Therefore, guidance from our legal team can be immensely valuable when seeking to appeal a wrongful denial of Workers’ Compensation benefits.
Why Are Workers’ Compensation Claims Denied in Arkansas?
Unfortunately, Workers’ Compensation insurers in Arkansas regularly look for reasons to deny claims. There are several potential reasons your claim may be denied.
First, your employer’s insurer may deny the benefits you deserve by asserting that your injury was not work-related. If your injury did not occur during the course of your employment, then you will not be eligible for Workers’ Compensation benefits.
Also, an insurer may deny your claim by asserting that you were intoxicated at the time of your workplace accident. A positive drug or alcohol test can also be a defense that employers and their insurance companies use to reject Workers’ Compensation claims. Still, in order for your claim to be denied on these grounds, your workplace accident must have been substantially related to your use of drugs or alcohol.
As a final example, Workers’ Compensation benefits may be denied if you fail to obey your doctor’s orders. If you do not follow the plan set forth by your healthcare provider, then your employer may assert that you are no longer hurt.
What Benefits Can You Recover in a Workers’ Compensation Claim in Arkansas?
There are several types of benefits that can be recovered in an Arkansas Workers’ Compensation claim. During a free assessment of your case, our team can help determine which of the following benefits may be sought:
Medical Expenses
First, you can obtain payment for any medical expenses you incur because of your on-the-job injury. For example, the cost of your ambulance ride, diagnostic testing, surgeries, prescription medications, and physical therapy sessions may all be compensated. Further, you are not required to pay a deductible, all expenses will be reimbursed by your employer’s insurance company.
Disability Payments
If you are unable to work because of your on-the-job injury, then you may obtain disability payments during your recovery. Additionally, if your workplace injury permanently restricts you from performing your job in the future, then you may be entitled to permanent disability payments.
Rehabilitative Services
Finally, you may also obtain Workers’ Compensation benefits for the cost of rehabilitative services. These services may include physical or occupational therapy. Also, in cases where claimants are permanently prevented from working going forward, the cost of vocational rehabilitation may be compensated.
If You Need to File for Workers’ Compensation Benefits in Arkansas, Our Attorneys Can Help
Seek guidance from our Arkansas Workers’ Compensation lawyers by dialing (479) 316-0438 to review your potential claim for free.