Arkansas State Workers’ Compensation Laws

Employers understand that without their workers’ labor, their businesses could not operate. As such, business owners should provide their employees with reasonable protections and accommodations. 

In some cases, Arkansas businesses are legally required to offer their workers certain protections. For instance, Arkansas state workers; compensation laws mandate many businesses to hold workers’ compensation insurance. This type of insurance policy covers a portion of employers’ costs following an on-the-job accident or injury. Unfortunately, some injured workers have difficulty obtaining the earned benefits they need after an accident. 

Don’t let this happen to you. If you’ve been hurt or become ill in the workplace, speak with one of the skilled workers’ compensation lawyers at Morgan & Morgan. Our legal team thoroughly knows the Arkansas state workers’ compensation laws and is ready to represent you.

Whether you need assistance with your initial filing or have been wrongfully denied, we can help. You shouldn’t be stuck paying the significant financial expenses that arise after a workplace injury. 

Lost wages and skyrocketing medical bills often leave injury victims feeling overwhelmed. Therefore, it is critical to secure the services of a knowledgeable workers’ compensation lawyer. Having a legal professional fight for you will give you the highest likelihood of getting the benefits you have earned. At Morgan and Morgan, we know that injury victims face serious financial challenges. But when you complete the contact form on our website, we will provide you with a free legal case evaluation.

Understanding Workers’ Compensation in Arkansas

Workers’ compensation insurance protects employees against many of the losses resulting from workplace accidents. While some professions may inadvertently place workers in harm’s way regularly, any type of employee in any kind of industry may become injured. 

Even office workers may sustain serious physical damage while on the job. For example, an employee in an office space may trip and fall on loose electrical cables.  

No matter the circumstances of your workplace injury, you deserve justice and compensation. It is important to fight diligently to recover the benefits you are entitled to.  

According to the state laws in Arkansas, most businesses with three or more employees must carry workers’ compensation insurance. To recover the payments you need after an accident or injury, it is critical to take the right steps. These include:

Report the Injury

As soon as the injury takes place, it is vital to report the incident to your employer or supervisor. If possible, you should make sure to report the injury in writing, even if you make a verbal report first. 

Your employer may ask you to fill out an injury or illness report. This is fine, and you should cooperate and provide accurate information about the circumstances of the incident. 

If you suffer from an illness or long-term injury related to your work, report the condition to your employer as soon as you become aware of it. For instance, some employees develop medical problems as a result of exposure to chemicals or allergens in the workplace.

Other examples of slowly developing workplace injuries include: 

• Back and neck injuries
• Loss of hearing over time
• Hernias
• Repetitive motion injuries
• Carpal tunnel syndrome
• Cardiovascular conditions and diseases
• Asbestosis 

Reporting the condition as soon as possible will give you the highest probability of recovering benefits. It’s also the law: Arkansas state law requires employees to inform their supervisors about medical conditions immediately.

Await a Decision From the Insurer

When you report your injury or illness, your employer should provide you with the required paperwork to file a workers’ comp claim. It’s important that you fill out these forms carefully and accurately.  

If you need help, speaking with a workers’ compensation lawyer will ensure that your application is as strong as possible, giving you the best chances of receiving full and commensurate compensation. Once you file the application for workers’ compensation, the relevant insurance company (or your employer) will make a decision regarding your claim. 

In some cases, the decision will be delayed because more information is needed. In many cases, these claims are denied. However, applicants have the legal right to appeal this decision.

Hiring a knowledgeable workers’ compensation lawyer at Morgan & Morgan will show the insurance company that you’re serious. Our accomplished lawyers know what it takes to effectively appeal wrongfully denied workers’ comp claims.

The Arkansas Workers’ Compensation Commission provides an online form for beginning the appeals process. It’s a good idea to secure the services of a skilled legal professional before appealing your denied claim.

Seek Medical Treatment

If your workplace injury results in a medical emergency, seek care immediately. But if your condition is less urgent, you may wait until the decision is made regarding your claim. 

When a workers’ compensation claim is accepted, all necessary medical care should be covered. Common examples of required medical treatments and care following workplace injuries include: 

• Necessary surgeries
• Prescription medications
• Doctor’s visits
• Diagnostic labs and tests
• Hospital stays
• Medical assistive devices, including wheelchairs and prosthetics
• Eyeglasses and contacts
• Hearing aids 

The costs associated with medical travel are also usually covered. In the state of Arkansas, only those medical treatments considered “reasonably necessary” are covered by workers’ compensation, and your medical care providers may seek authorization to assess the treatments and determine whether they will be covered.

Costs Covered by Arkansas Workers’ Compensation

Workers’ compensation claims function differently from other types of personal injury cases. These earned benefit payments are intended to make up for a portion of the monetary losses that victims experience. 

Some of the most typical costs covered by workers’ compensation in Arkansas include:

Medical Costs

Victims of accidents or injuries in the workplace may recover up to $10,000 through workers’ compensation benefits. According to Arkansas State law, injured employees cannot recover more than this amount. 

Medical treatment is only covered by workers’ compensation for six months after the injured person returns to work. If the accident did not result in the employee missing work, medical costs are covered for six months after the incident.

Lost Wages

Often, injured employees are unable to work after an on-the-job accident. In these cases, workers’ compensation benefit payments can make up for a portion of the person’s lost income. 

In the state of Arkansas, there are caps on wage replacement benefits. Speak with a knowledgeable workers’ compensation lawyer to pursue maximum financial recovery.

Disability Payments

If you have been temporarily or permanently incapacitated, you may be able to recover disability benefits. The type of payment you receive will depend on the categorization of your disability. 

The disability categories in the state of Arkansas are: 

• Permanent total disability
• Temporary total disability
• Permanent partial disability
• Temporary partial disability 

The amount of disability compensation you can receive will depend on the nature of your injury. Consulting with the workers’ compensation lawyer at Morgan & Morgan will better your chances of recovering every dime that you are owed.

Appealing a Denied Workers’ Compensation Claim

Workers’ compensation claims can be denied for a variety of reasons. If you believe your application has been unfairly denied, or if you disagree with the decision, speak with a workers’ compensation lawyer.

To begin the appeals process, you will need to file a claim through the Arkansas Workers’ Compensation Commission. This involves completing the “Claim for Compensation” form.  

Employees can also request a formal hearing in writing. Keep in mind that there are strict time limits for injured workers filing for compensation — employees who sustain a workplace injury must file a workers’ compensation claim within a year of the initial incident.  

Those who suffer from an occupational disease are required to file in either one or two years. The time limit in these cases will depend on the cause of the occupational disease.

To give yourself the best chance of recovering compensation, you should file a claim as soon as possible. A knowledgeable workers’ compensation lawyer can guide you through this complex process. 

After filing for an appeal, the Arkansas Workers’ Compensation Commission will inform your employer. They may also choose to investigate the circumstances of your injury or illness. 

Resolving a workers’ compensation appeal often involves a scheduled mediation. In these meetings, the worker and employer speak with a neutral third party in hopes of reaching a resolution. 

If mediation does not resolve the issue, you may be able to seek alternative legal recourse. The Morgan & Morgan workers’ compensation lawyers will review your case and help you fight for what you are owed.