Dealing with an accidental injury at the workplace can be challenging, especially if you have to provide for your family. Depending on the extent of your injury, you may be forced to be away from your job and go through medical procedures. In these circumstances, keeping up with your recovery process and your expenses may seem impossible.
Ken Kieklak, Attorney at Law, can help you fight for the compensation you need to recover from your injuries. Our Huntsville workers’ compensation attorneys have decades of hands-on experience dealing with thousands of claims. We can help you understand what you may expect from your case and fight aggressively to get you the compensation you deserve. To learn more about our services in a free, confidential consultation, call our law offices today at (479) 316-0438.
Understanding Workers’ Compensation Laws in Huntsville, AR
The workers’ compensation system was created to provide financial and medical assistance to injured workers or those who develop an illness at the workplace. Simply put, if you got injured or developed an occupational disease in Huntsville, you might get workman’s comp benefits. However, to get your workers’ compensation benefits, you need to go through a qualification process and meet a set of requirements – which we will discuss below. If you get qualified, you may get monthly payments while you recover and return back to work. Our Huntsville workers’ compensation attorneys can help you file your workers’ compensation claim.
Qualifying for Workers’ Compensation Benefits in Huntsville
To qualify for your workers’ compensation benefits, you must meet a specific set of requirements. First, it is essential to understand that all employers with three or more employees are required by law to provide workers’ compensation insurance. It is also essential to know that employers in specific industries – such as construction – must provide coverage even with less than three employees. Other workers’ compensation qualification requirements in Huntsville include:
It is essential to notify your employer of your workplace accident and injury. The workers’ compensation system requires you to provide a written, timely notice to your employer detailing your accident and injuries’ circumstances and extent. Typically, you have thirty days to provide your employer with your notification. If you miss this deadline, the workers’ compensation system may reject your claim altogether.
To get your workers’ comp benefits in Huntsville, you must be a direct employee of your employer. This may seem like an obvious requirement. However, it may not always be as apparent as you think. There are different categories of workers that may not qualify for workers’ compensation benefits because they do not meet the “employee” status required by the system or because they are eligible for independent coverage. The best example of these workers is independent contractors, who provide services in exchange for payment but are not direct employees.
Workplace Accidents and Illnesses
One of the most – if not the most – critical requirements to qualify for your workers’ compensation benefits is that your injury or illness must be related to your job. In other words, the workers’ compensation system will only provide coverage to injuries or conditions that took place within the scope of your job. Any injury you may have suffered outside of the workplace will not be covered under workers’ comp.
Filing a Workers’ Compensation Claim in Huntsville, AR
To begin your claim process, you need to notify your employer about your workplace accident and injuries. As we mentioned, you have a limited time to deliver your handwritten notification. There may be instances where you are unable to provide your notification right after your accident. If your workplace injury is severe, you should get emergency medical assistance first. However, it is essential to meet the 30-day notification period. Our Huntsville workers’ compensation attorneys can help you with this matter.
Once you have delivered your notification, your employer should provide you with the necessary forms to file your claim with the Arkansas Worker’s Compensation Commission. With this document, you will be required to provide information about your workplace accident. It is essential to provide complete and accurate information about your accident and injuries. There have been cases where injuries have been exaggerated on paper, resulting in the petitioner’s denial. Once you have completed your claim, you should provide it to your employer.
Your employer will send your petition over to the commission for evaluation. A claims examiner will evaluate your petition to determine whether they approve or reject your benefits. It is essential to understand that this process may take a while. The Commission may ask your employer for additional information, or they may ask for extra time to evaluate your petition. Upon deciding on your claim, they will notify you whether they accept or reject your claim.
Appealing My Workers’ Compensation Denial
If your workers’ compensation claim was denied in Huntsville, you can file an appeal with the Arkansas Workers’ Compensation Commission. There may be several chances to appeal your claim’s denial. For instance, you can file an appeal to try to solve any disputes through mediation. Through mediation, both parties will try to reach an agreement and work to solve any issues. If you are not satisfied with mediation or you cannot reach an agreement with the other party, you can request an administrative hearing.
During the administrative hearing, you will have the chance to provide evidence before an administrative law judge (ALJ). If you are not satisfied with the ALJ’s decision on your case, you can request a formal request for a hearing before the Arkansas Workers’ Compensation Commission. If you disagree with the Commission’s decision on your case, you can file an appeal before the state’s court of appeals. Our Huntsville workers compensation attorneys can help you.
Huntsville, AR Workers Compensation Attorneys Offering Free Consultations
If you or a loved one was injured in a workplace accident in Huntsville, we can help. For decades, Ken Kieklak, Attorney at Law, has provided quality legal assistance to workers. Our Huntsville workers’ compensation attorneys can help you file your claim and fight aggressively and strategically to get you the compensation you deserve. To learn more about all of our services in a free, confidential consultation, call our law offices today at (479) 316-0438.