Workers’ compensation is a program that many injured workers in Arkansas can apply to for help getting themselves compensation for lost wages and medical expenses after suffering a workplace injury. Family members of seriously injured workers or workers who died in an accident may also be able to apply for benefits. Call Ken Kieklak, Attorney at Law, today for help filing your case.
If you or a loved one was injured in a workplace accident, our Fort Smith Workers’ Compensation lawyer can help you file your claim and get the payments you need to help support you and your family after the accident. For help filing your case, appealing a denial, or getting a settlement for your benefits, contact our law offices today at (479) 316-0438.
How Workers’ Compensation Works in Arkansas
Nearly every employer in Arkansas is required to carry Workers’ Compensation insurance for their workers. These benefits are a standard part of any job and are not something that you should ever be billed for or have any pay deducted to cover. When you are injured in an accident at work or begin suffering from a repetitive stress injury or illness brought on by workplace conditions, you can file for workers’ comp. to get the coverage you need for missed wages and medical expenses.
Instead of suing for work-related injuries or conditions, Workers’ Compensation allows you to file and get the benefits you need without having to prove your case. If you were to sue for injuries instead, you would need to take your employer to court and prove that they somehow caused your injuries through negligence before the court will award you damages. With workers’ comp., you merely need to prove that you sustained an injury or contracted a serious condition at work or because of workplace conditions, and you do not need to prove your employer’s fault.
If you were injured by your employer’s intentional actions or you were injured by a third party, you may still be able to sue. There are also certain other exceptions that may allow you to sue, including when your employer does not carry the required workers’ comp. insurance. Otherwise, your right to sue your employer for workplace injuries is typically blocked, and you are required to file through Workers’ Compensation instead of the courts.
Available Workers’ Compensation Benefits and Payments in Arkansas
The benefits that you receive from Workers’ Compensation typically depend on what injury or condition you suffer from and what your wages were at the time of your injury. Workers’ comp. works to pay both wage-loss benefits and medical benefits to cover your injury.
Wage-loss payments from workers’ comp. work to replace your paycheck and allow you to continue to support your family while you are recovering from your injury or your injury prevents you from working. These wage-loss payments usually cover 2/3 of your wages while you cannot work.
Medical benefits cover any necessary or helpful medical costs you face because of the injury or condition. When you are injured at work or suffer a work-related condition, you must use an approved healthcare provider who will be the central person responsible for your ongoing care. Any care they suggest or recommend should be covered, including work with specialists, physical therapists, occupational therapists, and other healthcare providers. As long as you keep up with the healthcare plan, any costs you face for medical care should be covered.
Serious injuries receive payments for a longer period of time, while less-severe injuries may have a limited time for recovery. If you need additional time to recover or your injury is more severe than you originally thought, talk to an attorney about extending your benefits. Permanent injuries and disabilities may allow you to receive benefits for the rest of your life. If you lost a loved one in a workplace accident, you should also be entitled to ongoing payments and death benefits.
In many cases, workers’ comp. insurance companies and your employer may want to pay all of the costs up front instead of paying over the years. In many cases, you may be able to settle your Workers’ Compensation claim for a lump-sum settlement. This can help you structure your settlement so that you can also receive other benefits, such as disability benefits. Talk to a lawyer about whether a lump-sum settlement is right for your case.
Call Our Fort Smith Workers’ Comp. Lawyer for a Free Legal Consultation
If you suffer from work-related injury or condition in Arkansas, call Fort Smith Workers’ Compensation lawyer Ken Kieklak today. Ken Kieklak, Attorney at Law, offers free legal consultations to help injured workers and their families understand the benefits they can claim, discuss whether a lump-sum settlement is right for their case, and learn more about the workers’ comp. benefits they might be entitled to. For help applying or handling a denial, contact our law offices today to schedule a free consultation. Our number is (479) 316-0438.