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Arkansas workers’ compensation is not like filing a personal injury claim. When filing a personal injury lawsuit, the plaintiff must prove negligence to seek compensation. However, if you are injured at work, you do not need to prove negligence, and receiving workers’ compensation benefits is quick. Arkansas employers use insurance to protect themselves from personal injury lawsuits and liability. It is essential to know that if workers’ compensation covers you at your place of employment, you are not allowed to sue your employer.
There are exceptions to this rule if a third party is involved. If this is the situation, your workers’ compensation attorney at the Law Office of Jason M. Hatfield can explain the differences.
By law, any Arkansas business with three or more workers must have workers’ compensation insurance. An employee must work with a company that has at least three or more workers to be eligible for workers’ compensation. Also, the injury must have occurred while the worker was performing their duties.
Eligible Arkansas workers include:
Ineligible Arkansas workers include:
According to the U.S. Bureau of Labor Statistics Occupational Employment and Wage Statistics for May 2021, the top three occupations in Fort Smith were meat and poultry trimmers and cutters, coil tapers, winders and finishers, and gambling surveillance investors and officers.
If you were hurt on the job, contact the Law Office of Jason M. Hatfield today to discuss your rights. If your industry is not listed, that does not necessarily mean it is not covered. We can help determine the next best steps for your unique situation.
An Arkansas business may publicly post Form P, which tells employers what they must do in case injuries are sustained. It also shares the claims office telephone number and Arkansas Workers’ Compensation Commission if either the employer or employee needs help.
Under Form P, employees are instructed to give the employer notice of their injury through Form N and to notify a manager. If Form N is not completed, an injured employee can jeopardize their right to benefits. However, if there is no Form P, an employer can jeopardize using Form N in their defense.
If something is missed, it can complicate the next steps in obtaining medical benefits. It is best to discuss with an experienced Fort Smith workers’ compensation attorney to determine what to do next.
There is an expense cap on workers’ compensation benefits.
Workers are not always aware of a medical benefits expense cap of $10,000. Although medical benefits can help cover current and future bills, some expenses may have to come out of pocket. Expenses an Arkansas worker could face include:
Qualifications for receiving workers’ compensation benefits in Arkansas can include the following:
There may be other requirements to meet for being eligible for workers’ compensation, which depends on the case’s circumstances and the nature of the injuries.
If your claim is denied, reach out to one of our Arkansas workers’ compensation lawyers at the Law Office of Jason M. Hatfield. We will review your claim and determine the next step. Typical reasons for claim denials include: