Serving clients in Fayetteville and all of NW Arkansas
Every day, millions of Americans get ready to go to work and perform their jobs to the best of their abilities. Unfortunately, many of these workers will face an injury or develop an illness at their workplace. As a consequence, they may be forced to take time away from work while they recover. Fortunately, there is a way they can obtain compensation while they are unable to return to the workplace.
If you or a loved one suffered a job-related injury or illness, Greenland, AR, workers’ compensation lawyer Ken Kieklak, Attorney at Law, can help. To speak with a professional about your case in a free, private consultation, call our law offices today at (479) 262-9766.
Qualifying for Workers’ Compensation Benefits in Greenland, Arkansas
In Arkansas, every employer with three or more employees is required to provide workers’ compensation coverage. Workman’s comp is a program designed to help workers who get injured or develop a health condition in the workplace receive compensation while they are unable to work. You must make sure you are an employee covered by the workers’ compensation program before trying to access these benefits, as there are exceptions to the general rule of workman’s comp coverage. For instance, certain federal employees are exempted from obtaining the benefits of this program if they already receive assistance from a federal program.
Other types of employees – such as independent contractors or temporary employees – may not qualify to get workers’ compensation benefits. Additionally, if you suffer from self-inflicted wounds or injuries that occurred outside the workplace, you likely won’t receive workman’s comp benefits. However, if you left your office in the middle of the day and went to see a client in a company car, only to get involved in an accident, your injuries would be covered. The critical factor in your workman’s comp case is your ability to demonstrate that your injuries happened within the scope of your work. It should also be noted that workers’ compensation benefits are not granted automatically and require you to go through a qualification process.
Applying for Workman’s Comp Benefits in Arkansas
The application process to obtain workers’ compensation benefits requires that the applicant meet specific requirements. For starters, the injury or illness you suffered must be job-related. In other words, you must have suffered an injury or developed an illness while in the workplace. The worker’s compensation program does not cover any injury or disease sustained outside the scope of your employment.
Once you have been injured or know about an illness related to your job, you must immediately inform your supervisor or employer. This is a critical qualifying step. If you fail to report your injury on time, you may miss the chance to obtain compensation. Additionally, you must receive medical care from a doctor chosen by your employer. The employer-appointed physician will evaluate your situation to determine whether you can return to work. Once this physician has evaluated you, he or she will let your employer know about your status. Your employer is then required to submit a workman’s comp application and inform you whether it was approved or denied.
Why a Workers’ Compensation Application Might Be Denied
Unfortunately, there are instances where a worker’s compensation application may be denied. In most cases, an application will be rejected for one of the following reasons:
Failure to Report Your Injury
As mentioned before, reporting your injury is the most critical part of your workman’s comp process. You must report your work-related injury or illness on time if you wish to keep your claim alive. Otherwise, your application may be denied, and you could miss your chance to obtain compensation for your injury or illness. Our Greenland workers’ compensation lawyers can help you understand how the whole process works.
Refusal of Medical Assistance
Another essential step in your workman’s comp process is receiving medical aid. The main reason to get medical help from the doctor recommended by your employer is to make sure you get your injuries treated and prove that you are unable to return to work, thereby justifying the worker’s comp payments. Understanding this process may be confusing for people who have never been involved in a workman’s comp claim; our Greenland, Arkansas workplace injury lawyers can help.
Dispute with Employer Over Your Claim
There may be situations where your employer decides to challenge your claim by stating that your injury or illness was not related to your job. They may argue that you had a pre-existing condition which was not associated with your work. Our workplace injury lawyers can help you prove that your condition developed at your place of work.
Greenland, AR Workman’s Comp Attorneys Offering Free Consultations
Suffering from a workplace injury or illness can be extremely challenging, especially if you are the sole provider for your family. During this time, it is essential to receive compensation to help you pay your bills while you are unable to return to work. Our Greenland, AR, workers’ compensation attorneys can help you obtain the compensation you need following a job-related injury or illness. We have the necessary experience, skill, and knowledge to help you file a successful workman’s comp claim. To discuss your case in a free, confidential consultation, call Ken Kieklak, Attorney at Law, today at (479) 262-9766.