Workers’ Compensation in Arkansas protects you if you’ve been injured on the job. However, how you handle your workers’ comp claim after an injury can have a major impact on your ability to recover compensation. Navigating your Arkansas Workers’ Comp Claim can be overwhelming. The workers’ compensation lawyers at Taylor King Law know how to handle your claim and ensure you receive benefits.
If you’ve been injured in the workplace or contracted an illness during employment, contact the legal experts at Taylor King Law in Arkansas. Our attorneys will answer your questions, walk you through the process, and help you seek recovery.
Call us today at 870.246.0505 for a free consultation.
Do I Need an Attorney to File a Workers’ Comp Claim in Arkansas?
It’s possible to file your workers’ injury claim in Arkansas without an attorney. There are several important steps involved in filing a compensation claim outlined below.
Unfortunately, claiming your benefits isn’t always easy or straightforward. Delays, complications, pitfalls, missteps, and denials can plague your claim. Contact a workplace injury attorney immediately if your workers’ comp claim has been denied, undervalued, or delayed. An experienced law firm can provide value to your claim and, if already denied, file your workers’ compensation appeal.
Hiring a workers’ compensation lawyer at the beginning of your claim can help you avoid potential pitfalls or missteps that may later make recovering your benefits more difficult.
Taylor King Law has over 275 years of combined experience representing workers in Arkansas. You can trust Taylor King to be on your side – by your side every step of the way.
Have Questions About Filing a Workers’ Comp Injury Claim?
If you have questions, we have answers. Call or contact Taylor King for a free consultation:
Protecting Your Personal Injury Rights
What to Know About Arkansas Workers’ Compensation
Arkansas Workers’ Compensation Law states that the primary purpose of workers’ comp is to pay timely benefits to all legitimately injured workers who suffer an injury or disease arising out of and in the course of their employment. In addition to benefits, workers’ compensation pays reasonable and necessary medical expenses.
Arkansas Workers’ Compensation is not an insurance provider. Instead, Arkansas Workman’s Comp enforces the law requiring employers to provide insurance coverage for employees. Additionally, the program regulates compensation to ensure that provided benefits are fair and timely. In the instance of a dispute, the Arkansas Workers’ Compensation Commission adjudicates disputed cases with binding decisions.
In Arkansas, you have two years from the date of your injury to file a claim. However, in some cases, you have just one year to file the claim. If you’re unsure whether you have one or two years, contact an Arkansas attorney who can help you determine whether you’re eligible to file a workers’ comp claim.
How to File a Workers’ Compensation Claim in Arkansas
If you’ve been injured on the job, follow these steps:
Step 1: Report your injury or illness to your employer.
As soon as possible, inform your employer of the incident. This is the most important step. Workers’ compensation coverage is paid by your employer at no cost to you. But it’s your responsibility to report the injury or illness as soon as it happens. Failure to promptly notify your employer could jeopardize your claim. Upon reporting your incident, you may be asked to fill out a work injury claim form.
Step 2: Ensure your employer submits the First Report of Injury or Illness form.
Employers are required to submit the First Report of Injury or Illness form within 10 days of the incident. In order for you to get benefits, your employer must report the injury or illness using this form.
In the case of an emergency, seek medical attention immediately. However, some insurance providers will require you to seek medical care from a specific provider.
Step 3: Seek medical attention.
Your employer should provide you with instructions on how to seek medical care. In all cases, you’ll be required to seek medical care from a provider within the workers’ comp health care network.
According to the Arkansas Department of Labor and Licensing, you are required to visit the doctor chosen by your employer or insurance carrier.
Please note it’s important to keep all scheduled appointments. Missing scheduled medical services can affect your compensation claim. Additionally, it’s important to let your doctor know you are being treated for injuries related to your workplace incident.
Step 4: File your workers’ compensation claim.
You will have forms to fill out, therefore, it’s important to complete all workers’ compensation forms in a timely manner. You’ll be required to provide information related to your employer, the incident your injury stemmed from, previous and current work status, and all medical care.
Keep a copy of all medical records, as well as forms filled out, in a safe place for future reference.
Filing your initial claim form is a critical step. If you have questions or are having difficulty with filing your claim, a consultation with a workplace accident lawyer is free. An experienced attorney will answer your questions and help you with your claim.
Step 5: Attend required disputes, hearings, and mediations.
If necessary, you’ll be required to attend disputes and hearings related to your workers’ compensation claim. If your employer is denying your claims, or the insurance provider is minimizing your injury you may be facing a difficult legal process.
Step 6: If needed, file an appeal for worker’s comp.
What if your workers’ comp claim is denied? In that case, you’ll need to file an appeal. If your claim is legitimate and you’re owed benefits that are being denied, contact an experienced attorney. A workers’ compensation lawyer in Arkansas will help you file your appeal and ensure you’re treated fairly.
What Benefits Are Provided by Workers’ Compensation?
In the state of Arkansas, the following benefits are available to employees who are injured during the course of work:
Medical Services
Insurance will cover your medical services, including visits to any approved healthcare provider. Keep in mind that it’s important that you visit a medical provider within their approved network. And yes, workers’ compensation will cover 100% of all approved medical services.
Medical benefits include the cost of any necessary surgeries, in addition to hospital care. Physical therapy or chiropractic treatment may be included, as well.
Prescriptions & Medical Supplies
Additionally, insurance will cover the cost of prescription drugs, braces, crutches, or other medical supplies when approved by your supporting physician. Once again, 100% of approved medical supplies and prescription drugs will be covered.
Income Replacing Lost Wages
If you’re forced to miss work because of your injury or illness, you may be eligible for indemnity benefits. These payments can help cover lost wages while you’re recovering.
Temporary Disability
When your injury is temporary but prevents you from returning to work, workers’ compensation benefits include what’s termed temporary total disability or temporary partial disability. Temporary total disability is when you’re completely prevented from working by your injury. Temporary partial disability is when your injury allows you to work lighter duties at a lower wage.
Permanent Disability
When your injury is permanent, workers’ compensation benefits include what’s called permanent total disability or permanent partial disability. Permanent total disability refers to an injury that prevents you from ever returning to gainful employment. Permanent partial disability means your injury allows you to still work, but you can no longer work in the same capacity as before.
Death Benefits
A surviving spouse and dependents are eligible to receive compensation. Funeral costs, as well as a percentage of lost income, are available.
Are You Getting All the Benefits of Workers’ Compensation?
Don’t miss out on benefits that you’re owed. If you’ve been injured in the workplace, contact an attorney who can help you be sure you’re receiving your full benefits:
On Your Side – By Your Side
What’s the Difference Between a Workers’ Comp Claim and a Personal Injury Lawsuit?
There are a few key differences between a workers’ compensation claim and a personal injury claim. If you’ve been injured and are unsure whether you qualify for workers’ comp or should file an injury lawsuit, contact an attorney.
An experienced law firm in Arkansas will be suited to help you explore both options and determine which avenue is best. Let’s take a look at a few differences between the two options:
You Don’t Have to Prove Fault in a Workers’ Compensation Claim.
To receive workers’ compensation benefits, you only need to prove that your injury is compensable. A compensable injury is an injury that occurred while you were working and is a result of your work.
You do not have to prove that your employer was negligent. Even if you were negligent, as long as you weren’t intoxicated, or intentionally injuring yourself or someone else, you can still recover benefits.
In a personal injury case, you must prove that your employer or someone else negligently or intentionally caused your injuries.
In Most Cases, You Can’t Claim Punitive Damages in a Workers’ Compensation Claim.
Benefits in a workers’ comp claim are limited to the benefits outlined by the workers’ compensation commission in Arkansas.
Punitive damages, or damages that extend beyond compensatory damages, are typically not available unless gross negligence led to the injury. However, in a personal injury lawsuit, you can claim medical costs, lost wages, property damage, as well as punitive damages and pain and suffering.
Workers’ Comp Benefits are Paid Out More Quickly.
Medical benefits can be received immediately and income benefits soon after your injury when filing a workers’ comp claim.
Personal injury claims can result in a higher recovery, but you won’t recover your compensation until after you’ve reached a settlement. Settling a personal injury claim can take months or even years.
Your Choice of Medical Care is Restricted By Workers’ Compensation
Your employer will provide you with an approved list of doctors that you can choose from when you’ve filed a workers’ compensation claim. You must choose from this list, plus, you’ll be required to follow that same doctor’s plan of treatment from start to finish.
If you believe you’re not receiving proper care, you’ll be required to submit a request for a change of medical care.
During a personal injury claim, you can choose your medical care with no restrictions.
Can I File a Workers’ Comp Claim AND a Personal Injury Lawsuit?
Yes! If you were injured while on the job and you were injured due to someone else’s negligence, then you’re entitled to file a workers’ comp claim and a personal injury lawsuit.
Why would it be helpful to file both a workman’s comp claim and a personal injury lawsuit? Filing both affords you the ability to receive workers’ comp benefits in a timely manner, as well as to receive full compensation for your injuries from the lawsuit. A personal injury claim holds the negligent party responsible for their actions or failure. A workers’ comp claim provides immediate relief for medical expenses and lost wages.
If someone were to be involved in a car accident while on the job, then they’re eligible to file a workers’ compensation claim in Arkansas. If that same accident was due to someone else’s fault, then the injured party is also eligible to file a personal injury claim.
The best way to know whether you have a workers’ comp claim, a personal injury claim, or both is to contact an attorney with experience to help you navigate either claim. Taylor King has been representing Arkansans for nearly 30 years, and with over 275 combined years of legal expertise, the Taylor King law firm can ensure you’re taken care of.
Arkansas Workers’ Comp Attorneys
Schedule a meeting with Taylor King Law today; a consultation with a WC attorney is 100% free:
We’re available to speak over the phone or to schedule a virtual meeting online. However you prefer to discuss your experience, Taylor King Law is here to help.
Our promise has been to be on the side of our friends and neighbors in Arkansas for 30 years. With more than 275 years of combined legal experience, our expert team is proud to represent you and your loved ones.
If you’re struggling to obtain workers’ comp benefits or have questions about a claim, trust Taylor King Law to handle your legal needs. We have the experience and the understanding to ensure you receive the benefits you deserve. You can call or visit any of our seven locations across Arkansas and into Texas. An initial consultation with a workers’ compensation attorney is both free and confidential. We’ll answer all your questions, and because we work on a contingency basis, you won’t owe us anything until we settle your case.
Call us at 870.246.0505 or chat with a representative now.
On Your Side – By Your Side
You can speak with a lawyer face-to-face at any of our seven offices across Arkansas. Schedule a confidential meeting with a workers’ comp attorney at any of our office locations in Arkadelphia, Little Rock, Springdale, Fort Smith, Jonesboro, Conway, or Texarkana: