A workplace injury can become very difficult to deal with since it brings along pain, anxiety, and the fear of losing one’s job. The biggest fear is being fired after a work injury in Arkansas. Serious work accidents require medical treatment and time off work to heal from the injury. However, anxiety begins when worrying whether or not your employer will hire another person during this time to fill your job. Some injured workers continue to work with injury and don’t report their injuries for fear of losing their job. Unfortunately, this almost always results in being fired after a work injury in Arkansas and it usually makes it impossible to prove the work related injury.
It is essential to understand the legal aspect of your job security in case you suffer from a work injury. The question arises whether you will still have a job once you have completely recovered from the injury.
Worker’s Compensation; Can You Be Fired After a Work Injury in Arkansas?
If you suffer from an injury while performing your job activities, it becomes extremely traumatic for you and your family. First of all, health insurance coverage for medical damages becomes the key concern of the victim. Secondly, the financial burden; how the victim will deal with financial problems since they won’t be able to work post-injury. It is critical to attain help from an experienced attorney to protect your rights and move towards the recovery process.
Workers’ compensation insurance is supposed to protect employees from being fired after a work injury in Arkansas. Work comp insurance supports employees who suffer from an injury at work by providing them reasonable and necessary medical treatment and two-thirds of their wages while they recover from their work related injury. Employees are only allowed to miss work if their authorized treating doctor restricts them from working. Most doctors place specific work restrictions on injured employees, and employers get to choose whether or not they have work available for the injured worker within the doctor’s restrictions. Through work comp insurance, the injured workers are compensated. The compensation includes emergency room bills, medical treatment from authorized physicians, a percentage of the wages, and permanent impairment.
Certain guidelines and rules are established for worker’s compensation. An employee can never be asked to pay for worker’s compensation. Similarly, an employer cannot deduct your pay to fulfill worker’s compensation expenses. The acceptance of a worker’s compensation claim is dependent upon the employer and their insurance company. They might reduce your claim in an attempt to lower their damages; for this purpose hiring an attorney will be beneficial for you. Workers’ compensation usually requires the employer to hold the job of the injured person. However, if the injury results in impairments and restrictions that prevent the injured worker from returning to their previous employment, the employer does not have to return the worker to their job. Sometimes, an employee can switch to a less demanding role, but the employer must agree to the accommodation.
Potential Consequences of Filing for Worker’s Compensation:
It is estimated that in 2019, there were approximately 5,333 fatal workplace injuries and an employee died every 99 minutes due to a work injury. The figures depict the alarming situation of work-related injuries in the USA. If a company fires an employee due to a work injury, then the work comp insurance carrier will have to pay a percentage of wages while the employee remains under the doctor’s care and under the doctor’s physical work restrictions. In Arkansas, an injured workers’ employment is usually terminated if they have a positive marijuana test after the injury or if they are injured during horseplay at work.
As the first step of filing a worker’s compensation claim, it is paramount to immediately report the workplace injury to your supervisor and concerned department. The law of Arkansas’ worker’s compensation allows people to report their injury regardless of the severity of the injury and seek medical care if needed. If you are afraid and confused regarding reporting your injury and putting forward a claim, you should seek help from an attorney. Hiring an attorney will ease up the process of paperwork for you. They will be assisting in acquiring necessary information and documentation of medical diagnosis and treatment.
An accurate filing process will save you from potential problems in the future. Significantly, the case must be filed according to the guidelines of workers’ compensation rules in Arkansas. In case your claim gets rejected, your employer can terminate you if you are not able to work. In this situation, talk to your lawyer right away to file an appeal and ensure your rights are protected under the law.
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Delaying your case will become detrimental for you. If you are afraid of being fired after a work injury in Arkansas, you should know that the law protects you from losing your job and provides you a chance to receive medical care and wages. Years of experience and knowledge allow us to help you claim what you truly deserve.