If you get hurt while on the job, you may be entitled to workers comp benefits. These benefits include medical treatment and replacement wages. Your Fayetteville workers compensation lawyer will make sure your claim is handled properly from the start.
When you get hurt, you have to report your injury to your manager or Human Resources. They’ll have you fill out an incident or accident report. They’ll send your report to their insurance carrier.
It’s important that you seek medical treatment right away. You will have to see a company approved doctor. This is a condition of receiving workers comp benefits in Arkansas. If you don’t comply with this requirement, you may risk having your claim denied.
If, for some reason, your claim is denied, your Fayetteville workers comp attorney can help you file an appeal. While there are several reason your claim could be denied, as long as you meet certain criteria, it should be approved.
What Should I Do if I Have Been Injured at Work in Fayetteville, Arkansas?
If you get hurt at work, as mentioned earlier, you need to report your accident to your supervisor. They’ll make sure Human Resources is aware that you’ve been hurt. They’ll also make sure you complete an accident report.
Your Human Resources director should help you complete the necessary Form N. They should also make arrangements to get you medical treatment right away. If your injuries are very serious, they’ll call for an ambulance. If not, they’ll simply make an appointment with a company approved doctor on your behalf.
If your employer refuses to help schedule your medical care, you need to call your workers comp lawyer right away. They’ll deal with your employer and the insurance company so you don’t have to.
What Injuries are Covered by Worker’s Compensation?
There are all sorts of injuries you can suffer while on the job. It really depends on what kind of work you do. If you do physical labor, you’ll probably suffer physical injuries. Some of these include:
- Head injuries
- Neck injuries
- Back injuries
- Shoulder or knee injuries
Not everyone does physical labor. You may work in an office environment. This doesn’t mean you can’t get hurt. You may suffer vision or hearing problems. Your chair could break and you could fall and hurt your back. Or, you may suffer from carpal tunnel syndrome.
Your lawyer will help prove that you were injured. The seriousness of your injuries will determine how long your benefits will last. They can also impact the amount of your settlement.
How Long Do I Have to File a Claim for My Workers’ Compensation Injury?
As with any other sort of personal injury, you only have a certain amount of time to file a worker’s compensation claim in Arkansas. Legally, you only have two (2) years from the date of your injury to file your claim.
If you miss this deadline, your claim will be forever barred. This is why it’s a good idea to retain an experienced workers comp lawyer in Fayetteville. They’ll make sure you file your claim in time. They’ll also fight to get you the compensation you deserve.
Am I Responsible for My Medical Expenses During the Case?
If you get hurt on the job, your employer should be responsible for your medical care. Their insurance carrier is required to pay for all medical care related to your work injuries. You do have to make sure your treatment is authorized before it’s performed.
You also need to make sure you’re treated by a company approved doctor. The good news is that your providers aren’t allowed to bill you personally for your care.
What are the Benefits of Workers’ Compensation in Arkansas?
Every state is different when it comes to workers compensation benefits. There are two main types of benefits: replacement wages and medical care. For the most part, unless you work in a very unique industry, you’ll be eligible for both types of benefits. These benefits will continue until you are ready and able to return to work.
Medical Benefits for Workers’ Compensation in Arkansas
If you get hurt on the job, your employer’s workers comp insurance should cover your medical expenses. Your employer is responsible for all medical bills related to your work injury. However, this doesn’t mean you won’t run into some issues.
It’s important that you follow these requirements when it comes to your workers comp claim:
- Make sure you’re treated by a company approved doctor. Your employer will provide the name of the doctor who is to provide your medical care. They want to make sure they rely on a doctor they can trust to evaluate your injuries. While using a company approved doctor shouldn’t affect your care, you may be able to ask for a second opinion. Your workers comp lawyer can help make this happen.
- You have to follow all recommendations of your doctor. If you don’t go to all of your doctor’s appointment, you can lose your workers comp benefits. The same is true if you refuse to comply with treatment recommendations.
- If, for some reason, your employer denies your claim, you may be eligible for emergency care. You can apply to the Arkansas Workers’ Compensation Commission (AWCC) and appeal your claim. An administrative law judge will review your case and make a determination of benefits. Your Fayetteville workers comp lawyer will attend this hearing with you.
If your claim is approved, you should be entitled to the following types of medical treatment:
- Doctor’s visits
- Imaging (X-Rays, MRIs, etc.)
- Physical and occupational therapy
- Medical equipment and devices
- Vocational rehabilitation
Your workers comp lawyer in Arkansas will make sure you get the benefits you’re entitled to. If there is an issue or you’re denied care, your lawyer will reach out to your employer or their insurance carrier.
Wage-Loss Benefits for Workers’ Compensation in Arkansas
In addition to medical treatment, you’ll also be entitled to cash benefits. These are replacement wages that are paid to you every other week until you return to work. These wages are intended to help you take care of your family while you recover from your injuries.
Your cash benefits are equal to about 2/3 of your average weekly wages. So, if you normally make $500 per week, you’ll receive about $333 per week while on workers comp. You can’t receive less than $20 per week regardless of your average weekly wages. The most you can receive is $673 per week.
In order to qualify for benefits, you have to be out of work for at least seven (7) days. Once you’re out of work for fourteen (14) days, you’ll start receiving your replacement wages. The length of time you’ll receive benefits depends on how serious your injuries are.
In addition to weekly replacement wages, you may also be entitled to permanent injury damages. The amount you receive will depend on how bad your injuries are and which part of your body is injured.
These benefits are referred to as permanent partial disability benefits. Certain injuries, such as back injuries, are worth more than others. You’ll also be entitled to more if your injuries are permanent as opposed to just temporary.
How Much is My Case Worth?
When you first meet with your workers comp lawyer in Fayetteville, they’ll review your case and let you know what it may be worth. There’s no way to know for sure exactly how much your case is worth. Your attorney will know more once they talk to your employer’s attorney.
When you’re hurt at work, you’re going to have two (2) options. First, you may be able to collect workers comp benefits. If you were injured while on the job, this is the avenue your attorney will take. If, however, a third party is responsible for your injuries, you may have to file a personal injury lawsuit. This is the case if your employer is negligent as well.
If your injuries were suffered while on the job, you should be entitled to benefits. If you qualify for workers comp, you won’t be allowed to file a lawsuit against your employer. Their workers comp insurance will cover your medical treatment and replacement wages.
The good news is that, either way, you should be entitled to compensation. Your workers comp benefits are typically paid to you on a weekly basis. They continue until you recover from your injuries are able to return to work.
The other option your Fayetteville workers compensation lawyer will discuss with you is settling your case. If you suffer permanent injuries, you may be entitled to a lump sum. Your attorney will work hard to settle your case. Nobody wants to stay on workers comp for years on end. It’s not ideal for you or your employer.
Additional Fayetteville Personal Injury Cases We Handle
Our firm handles all sort of personal injury cases. If a third party is responsible for your injuries, you may need to call an experienced personal injury attorney. We handle more than just workers comp. We handle the following types of personal injury cases:
- Car Accidents – Injured in a Fayetteville auto wreck? We can help get you the damages you deserve. This could include accidents caused by distracted driving, speeding, or any other sort of violation. We can help you file your claim against the other driver’s insurance and, if need be, file suit on your behalf.
- Truck Accidents – These accidents tend to be very serious. The size of a tractor trailer is just too much for a passenger car to handle. Your Fayetteville truck accident lawyer may have to file suit against both the driver and his employer. They’ll make sure all possible defendant are named in your claim.
- Nursing Home Abuse – If your loved one has been injured at the hands of a fellow resident or nursing home employee, you need help. Your loved ones deserve to be treated with car and respect. If someone is injuring your mom or dad, you need to call a personal injury lawyer for nursing home abuse cases in Fayetteville, Arkansas.
- Workers Compensation – If you suffer a work-related injury, you should be entitled to workers comp benefits. This includes both your medical care and replacement wages. As long as your injuries took place while on the clock, you should be eligible for benefits. Call our Fayetteville workers comp attorneys for more information.
- Wrongful Death – If your loved one died as a result of an accident, you may have a claim for wrongful death. Most of these cases involve negligence. A wrongful death lawyer will have to prove that the defendant breached their duty of care. If so, you may be entitled to damages.
Contact an Experienced Fayetteville Workers Compensation Lawyer Today
If you’ve been hurt on the job, you’re going to need to call an experienced Fayetteville workers compensation lawyer. Contact the Law Office of Jason M. Hatfield P.A.! You have a right to medical benefits and replacement wages. As long as you meet the criteria for a workers comp claim, your claim should be approved.
If for some reason your claim was denied, your lawyer will help you file an appeal. They’ll also make sure your case is handled the right way from day one. Call today and schedule your initial consultation with an experienced personal injury attorney in Fayetteville.
The consultation is absolutely free and you pay nothing until you settle your case.