After a workplace injury, many people assume the worst. They may assume that they will be left without any income while medical bills and other expenses mount. However, the foregoing is a worst-case scenario and in the vast majority of situations, does not come to pass. However, if you do not take required steps and actions you may delay or lose the right to receive workers’ compensation benefits in Fort Smith, Springdale, or throughout northwest Arkansas.
Ken Kieklak, Attorney at Law has years of experience in difficult workers’ compensation claims. Whether your claim was denied due to a misunderstanding, a mistake or for other reasons, we can file an appeal. Since a committed legal professional is working on your claim, you can rest assured that all reasonable options and legal avenues will be pursued. This peace of mind can permit you to focus fully on your medical recovery so that you can return to work and the things you like to do.
Rely on a Northwest Arkansas Workers’ Compensation Attorney
Before legislation enacting Workers’ Compensation programs in Arkansas and throughout the United States was enacted, an injury at work truly was a devastating blow to family’s financial stability. The system was rife with uncertainty. An employee could certainly bring suit against his or her employer, but the pro-employer laws of the time made recovery unlikely in many cases. Additionally, workers who sued an employer or were perceived as litigious were likely to find themselves blacklisted by local employers. Employers grappled with the costs of litigation and costs imposed by injured workers. Today, workers’ compensation programs balance these interests by offering workers a right to receive necessary medical care in exchange for the workers’ agreeing to give up their right to bring a lawsuit in most circumstances.
Although workers’ compensation programs can often quickly address the needs of an injured worker, some claims may require experienced advocacy. For instance, many people perceive the program rules as highly technical and confusing. If an individual is also coping with the effects of a severe injury, representation can make the process much more manageable.
Can I Qualify for Workers’ Compensation in Fayetteville?
In most instances, one of the first questions a potential client typically asked is whether they will be eligible for benefits through the Arkansas workers’ compensation program. To determine whether the factors and circumstances that contributed to your workplace injury would qualify you for benefits, a close and careful review of your case is necessary. However some general guidelines that can inform your understanding of the workers’ compensation program include:
- Your injury occurred due to your employment while you were carrying out employment duties.
- Your work must have caused your injury or have caused the aggravation of your pre-existing condition.
- Visible physical injuries or limitations in your daily activities can illustrate the extent of your injury.
An experienced workers’ compensation attorney can increase the likelihood of proving the elements discussed n the above list. The Law Practice of Ken Kieklak can marshal evidence relevant to your claim and present it in clear and concise manner easily understood by an administrative law judge or AWCC review board.
What Types of Benefits Can Workers’ Compensation Provide in Fayetteville?
The damages available through workers’ compensation are commensurate with the injuries and damages that were suffered. It is impossible to know what benefits you may receive without knowing the specific factors and circumstances. However, in general a workers’ compensation claimant may be able to receive benefits including:
- Permanent Total Disability—Some workplace injuries can cause permanent disability that will not resolve and is complete.
- Permanent Partial Disability—A permanent, but partial, disability can be assessed by a doctor when the injury is debilitating but not all encompassing in that it only causes a less than complete disability.
- Temporary Total Disability—Some injuries may result in a total disability, but a medical professional may determine that the injury is expected to improve and resolve with time and treatment.
- Medical and hospital bills — As a form of insurance for workers, 100% of medical expenses paid can be compensated.
- Difference in Wages—Your injury may necessitate a move to a less physically or demanding position or may require a complete change in your occupation. If you are forced to leave a high-paying, but physically arduous job for one with lower physical requirements and reduced compensation, you may be entitled to some level of compensation.
- Survivor Benefits— If you have lost a loved on due to a workplace accident, survival benefits may be available for your family. Ken Kieklak, Attorney at Law can help.
Working with an experienced workers’ compensation attorney in Arkansas can increase your likelihood of a successful benefit claim or appeal. If you have additional questions regarding workers’ compensation in Fayetteville or would like to see if our services are a match for you, contact Ken Kieklak today by calling (479) 316-0438 or contact us online.