Serving clients in Fayetteville and all of NW Arkansas
Receiving workers’ compensation can be a lifesaver after a serious injury. The money paid through workers’ compensation can cover for your medical expenses and help take care of your family by replacing your lost wages. If you depend on these benefits, your life could be turned upside down if your benefits are terminated.
Springdale workers’ compensation benefits termination lawyer Ken Kieklak understands how dependent you might be on these payments, and he can work to fight the termination and get your benefits restored. For help with your workers’ comp. case, contact our law offices today to schedule a free consultation. Our number is (479) 251-7767.
When Can My Employer Terminate My Workers’ Comp. Benefits?
Most employers in Arkansas are required to carry workers’ compensation benefits and pay them to any qualifying workers. After an injury, you apply for workers’ compensation through your employer, and they will accept or deny your claim. If your claim is denied, you may need to hire an attorney and file a claim with the Arkansas Workers’ Compensation Commission (AWCC) to get the benefits you need. Once your benefits start, your employer may only terminate them if you violate terms or conditions that would prevent you from qualifying if you applied today or otherwise violate the rules of workers’ comp.
Your employer can deny your initial claim if they believe that your injury was not work-related or that your injury is not severe enough to keep you from work. If these conditions are met at any point while you receive benefits, your employer may be able to end your benefits early. Workers’ comp. benefits may initially start, and then your employer may begin to feel like they made a mistake or feel that your benefits cost them too much money, and they may attempt to end your benefits by claiming your injury was not work-related or that you are well enough to return to work now.
If your injury was not work-related, you should not qualify for benefits in the first place. If an employer gets additional information indicating your accident occurred while off duty, they may terminate your benefits and deny your ongoing benefits. You may file a challenge, and supplying evidence of your injury and its timing can get your benefits restored.
While receiving benefits for a workplace injury, your employer usually has the right to choose what doctor you may use. That doctor is supposed to report to your employer and let them know if any changes in your care indicate that you are able to return to work. Workers’ compensation only lasts while you are unable to return to work because of the injury, so if you heal quickly and the doctor says you can go back to work, your benefits may stop. If the doctor is wrong and you need additional recovery time, you may be able to challenge the termination and get continued benefits.
Your employer can also cancel your benefits if you violate any terms of workers’ comp. Actually working and failing to report your income to your employer or committing workers’ compensation fraud can lead to immediate termination of your benefits. Additionally, failing to keep your appointments or follow the recommended care can end your benefits early.
Getting Workers’ Compensation Benefits Restored in Arkansas
The process for getting benefits restored is very similar to the process for appealing a denial in the first place. In most cases, you should consult a lawyer to help appeal your termination. Working with an attorney can help you navigate the appeals process, and your attorney can act as a go-between for your dealings with the AWCC and your employer. In most cases, getting your benefits restored means proving that you still qualify for benefits and that you did not violate workers’ comp. rules as alleged.
The first step in appealing a termination is to present your case to the AWCC. Your case will usually be reviewed in a board hearing that gives you and your employer each an opportunity to be heard and present evidence as to why the termination should or should not go through. Your attorney can help present evidence of your current condition and inability to work, as well as evidence that challenges any alleged claims of misconduct.
If you are unhappy with the AWCC’s decision, you may be able to appeal your case to an administrative law judge. Taking your case before the court can get you a court order to have your benefits reinstated. You should never try a workers’ comp. court case without the advice and counsel of an experienced workers’ comp. attorney.
In some cases, you may be able to seek immediate restoration of benefits while your appeal is pending, so talk to an attorney today for help getting your benefits restored immediately while you await your hearing.
Springdale Workman’s Comp. Termination Lawyer Offering Free Legal Consultations
If your Arkansas workers’ compensation benefits were denied or terminated, talk to Ken Kieklak, Attorney at Law, today. Ken has decades of experience helping Arkansans file for workers’ compensation benefits and challenging denials and terminations. For help with your case, call our law offices today at (479) 251-7767 to schedule a free, no-obligation consultation on your case.