Fort Smith Workers’ Compensation Lawyer
In Fort Smith and across Arkansas, workers’ compensation is a form of insurance that provides a safety net for workers who are injured or fall ill at work. Injured workers can qualify for benefits regardless of being at fault for a work-related accident. Workers’ compensation in Arkansas is a bit different from that in other states, primarily because it is an NCCI state, meaning that it uses the National Council on Compensation Insurance to figure out workers’ compensation rates and oversee the assigned risk in the state.
Your rights as an employee
After suffering a workplace injury or work-related illness, you may be eligible for workers’ compensation benefits.
In Arkansas, a workers’ compensation policy is bought by the company. Employees do not pay for it or have it deducted from their paycheck. Coverage is, in most instances, under the auspices of a Workers’ Compensation insurance policy. Not carrying workers’ compensation insurance means penalties for the employer and the potential loss of Workers’ Compensation protections under state laws.
Workers’ compensation gives injured or ill workers benefits quickly, eliminating the need to file a lawsuit. As with any insurance system, some things can go wrong when filing an Arkansas workers’ compensation case. A Fort Smith workers’ compensation attorney at the Law Office of Jason M. Hatfield can help you file a claim.
If you suffered injuries in an on-the-job accident and are wondering whether you may qualify for workers’ compensation benefits, reach out to the Law Office of Jason M. Hatfield.
Can I sue my employer while on workers’ compensation?
In Arkansas, workers’ compensation is an “exclusive remedy.” This means an injured worker can only file a claim with the Workers’ Compensation Commission.
An employee cannot file a lawsuit against the employer. A worker is also not entitled to a jury trial. That said, an injured worker can bring a claim against a person other than their employer. An injured worker may be able to claim compensation from more than one source.
For instance, if a worker loses a leg while operating a machine at work, they would qualify for workers’ compensation but may also be able to file a claim against the company that made, designed, supplied and/or installed the machine they were working on. A situation could arise in which the equipment lacked proper warning signs or safety guards to prevent injuries.
What mistakes could compromise my Arkansas workers’ compensation claim?
Out of the thousands of claims filed every year in Arkansas, some are not approved. The following are the most common mistakes workers make that may compromise a claim:
- Missing a scheduled doctor’s appointment
- Inflating injuries
- Posting information about your life on social media
- Not mentioning pre-existing conditions
- Not following medical advice
- Posting injury information on social media
- Not discussing your injury with a skilled workers’ compensation attorney
- Hiring a lawyer without pursuing an in-person case analysis
- Regularly checking in with a doctor to stay in touch over the course of your injuries healing, as this may mean you are not seeking regular medical care to heal
It is expensive to hire a workers’ compensation attorney?
In Arkansas, lawyers’ fees for workers’ compensation cases are relatively low. They are set by law and based on a percentage of the benefits the attorney obtains for the client.
Fees are typically only charged if the case is settled by joint petition, or if the workers’ compensation claim is contested, and the lawyer successfully obtains benefits the insurance company had not voluntarily paid.
There are instances when an insurance company pays the entire amount of the attorneys’ fees. In other cases, the fee may be split between the insurance company and the client. Any fees must be approved by the court.
However, serious injuries are another matter. It is in your own best interests to talk to an experienced workers’ compensation attorney as early as possible to find out if there is a possibility of a claim being made against another person other than the employer.
What should I do after a workplace injury in Arkansas?
Make sure you do the following:
Arkansas employers often have the right to direct your medical care through an approved physician. This means you may not get to pick your own doctor right away. If you disagree with the treatment you're getting, you have options, but they require following specific steps under the law. Do these things immediately to ensure you get a good start on filing your workers’ compensation claim.
Report your injury to your employer immediately.
Inform them both verbally and in writing, and keep a copy of all written documents for your files. The faster you file your notice, the faster your workers’ compensation claim can be filed.
Seek medical treatment as soon as possible.
Do not delay, as that can be used as an excuse to deny your claim later. Tell the doctor that your injury happened at work. Follow medical advice to the letter and get a note from the doctor if the injury prevents you from working.
Fill out an injury or illness claim form.
Include specific facts about your case, like witness names and contact information, as well as the time and location of the accident. Keep a copy of the form as evidence you filed to prevent your claim from being denied.
Get legal advice.
Discuss your case with the Fort Smith workers’ compensation attorneys at the Law Office of Jason M. Hatfield. We protect your legal rights and help you navigate the complex workers’ compensation process. We can tell you if you may also have a personal injury claim against a third party.
What benefits am I entitled to if I am injured on the job?
If you were injured in Arkansas, you would be entitled to payment of all medical expenses, rehabilitation, medications, home health care, physical therapy, and so on.
If your injuries prevent you from working, you may receive weekly temporary total disability benefits. These benefits are calculated based on two-thirds of your average weekly wage subject to certain maximum benefits. Temporary total disability benefits (TTD) are discontinued when you are released by your authorized doctor to return to work.
If you sustained a permanent injury, a doctor assesses the impairment and rates it. The rating is used to determine the amount of permanent disability benefits a worker can claim.
Benefits paid for permanent disability depend on the impairment rating, the age and education of the worker, and whether they can return to the same or similar employment or may suffer any loss of ability to earn in the future.
Do I need to hire an attorney for a workers’ compensation claim?
You do have the option of representing yourself and opt for limited assistance from the Arkansas Worker’s Compensation Commission. If your injury is not serious and the employer’s worker’s compensation insurance company accepts the claim, you may not need legal representation.
However, serious injuries are another matter. It is in your own best interests to talk to an experienced workers’ compensation attorney as early as possible to find out if there is a possibility of a claim being made against another person other than the employer. If your injuries are serious, legal representation can go a long way toward ensuring you get appropriate compensation for your situation.
Frequently Asked Questions
Why do I need a workers' compensation lawyer?
Employers and insurance companies have lawyers working to limit what they pay. You deserve someone working just as hard.
The Law Office of Jason M. Hatfield, P.A., represents injured workers from all over Northwest Arkansas, including Fort Smith, Springdale, Fayetteville, Rogers, Bentonville, Berryville, and Harrison. We also represent injured truck drivers from all over the United States with employers, such as; J.B. Hunt Transport, Tyson Foods Inc., Walmart Inc., PAM Transport Inc., USA Truck Inc., Maverick Trucking and others in Arkansas.