If a person suffers a workplace injury, it is expected that they will be able to receive workers’ compensation benefits while they recover. However, if an injured worker is subjected to a delay in workers’ comp benefits, this can be a serious issue that will affect many aspects of their life. Properly filed workers’ comp claims should not be delayed because of an insurance company’s actions. If you or a family member has experienced a delay in receiving workers’ compensation benefits, contact an experienced Arkansas delayed workers’ comp attorney.
Ken Kieklak, Attorney at Law, is dedicated to helping you fight for the workmen’s comp benefits you deserve after a serious workplace injury. Our firm understands that an injured worker is facing a number of medical bills and other expenses and we are here to fight for you. To schedule a free consultation to discuss your legal options for a workers’ compensation delay, contact Ken Kieklak, Attorney at Law, at (479) 316-0438. You can also contact the firm online.
Causes of Workers’ Comp Delays in Arkansas
After being injured at the workplace, the last issue an injured worker wants to deal with is a delay of their workers’ compensation benefits. Injured workers should not have to wait for weeks to receive the compensation they deserve for a work-related injury. Unfortunately, there are many cases where a worker will be unable to receive their benefits for a long period of time.
There are multiple reasons why an injured employee’s claim for workers’ comp could be delayed. One of the most common causes of workers’ compensation delay is the employer’s insurance company. The insurance company selected by your employer will be responsible for paying injured employees workers’ compensation benefits. This means if an insurance company fails to take action, an injured employee could wait a significant amount of time to receive their benefits.
Insurance companies typically have a goal to avoid paying out on claims or to attempt to pay out the minimum for each claim. In some cases, an insurance company may delay workers’ compensation benefits to attempt to try to argue for a lower settlement amount. This can be extremely frustrating for an injured employee that has had to deal with various legal procedures to get the compensation they need.
Another possibility is that your supervisor or employer is not familiar with the reporting requirements for a workers’ comp claim. As a result, your benefits could be on hold until your employer understands the proper steps to take to report a workplace injury.
It is important to note that not all workers’ compensation delays occur for some malicious reason. Under some circumstances, a delay of benefits may be attributed to issues with obtaining medical records or other similar issues. However, if an insurance company is purposely stalling to avoid paying an injured worker, this would make the insurance company legally liable.
To learn more about minimizing the chance of a workers’ compensation delay, you should continue reading and speak with an experienced Arkansas workers’ comp lawyer today.
Steps to Take to Avoid Workers’ Comp Delays in Arkansas
In Arkansas, employers that have at least three employees are required to provide those employees with workers’ compensation benefits. To avoid any delays in the distribution of workers’ compensation benefits, you should take the following steps to ensure your claim is timely filed.
Notify Your Employer of the Injury
After suffering an injury at the workplace, you should report your injury to the employer as soon as possible. When filing the report, you should include the following information:
- An account of how the injury occurred
- The date and time of the incident
- The names of coworkers or witnesses that observed the accident
It is important to note that to receive workers’ comp benefits, an accident must be work-related. This means that you cannot claim a work injury for an issue that occurred while you were on break or other similar circumstances.
Visit a Doctor to have Your Injuries Evaluated
To evaluate the extent of your injuries, you will have to visit a doctor that is chosen by your employer’s insurance company. The evaluation of your injuries will help the insurance company determine the amount of your benefits. It is important to note that it may be possible to seek an opinion from multiple doctors.
Additionally, you must adhere to the treatment plan given by your doctor to avoid affecting your claim for benefits.
Attend All Hearings for Your Case
It is also important to be present for all hearings and other meetings for your workers’ compensation benefits. You do not want to provide your employer or their insurance company with a reason to delay your case.
Depending on the circumstances of your case, it may be appropriate to pursue a lawsuit against the insurance company that is delaying your benefits. Our firm can help you weigh your options if you are concerned about receiving your workers’ comp benefits.
Contact Our Experienced Arkansas Delayed Workers’ Comp Benefits Lawyer Today
If your workers’ compensation benefits are delayed, you should consult with an experienced Arkansas workers’ compensation lawyer today. Workers’ compensation lawyer Ken Kieklak possesses over 20 years of legal experience, and he is prepared to represent you. Ken Kieklak recognizes the importance of receiving workers’ compensation benefits for an injured worker. To schedule a free legal consultation to discuss your claim, contact Ken Kieklak, Attorney at Law, at (479) 316-0438.