If you get into an accident at work, you may suffer pretty severe injuries. If you’re not able to do your job because of your injuries, you should qualify for workers compensation. In Arkansas, workers comp is a program that provides for employees’ medical treatment and wages while they recover from work-related injuries. In order to qualify for workers comp, you have to meet certain criteria. These criteria center on the fact that your injuries were work related. If your Rogers Workers Compensation Lawyer can prove this, you should be eligible to receive benefits.
When you get hurt at work, you have to report it to your manager or Human Resources manager. They’ll file the necessary paperwork with the insurance company so you can get your claim started.
Most people’s claims are approved. They receive their benefits and don’t run into any major issues. However, there are times when your claim may be denied. It depends on the circumstances surrounding your case.
If your claim is denied, you need to contact the Law Office of Jason M. Hatfield P.A. They can make sure your claim is handled properly from the start.
Why Do I Need a Rogers Workers Compensation Lawyer?
There is no law that says you need to hire an attorney to handle your workers comp claim. However, these cases can be complex. The insurance company and your employer may try to take advantage of you.
It’s important that you have someone by your side who understands how workers comp works in Arkansas. An experienced workers comp lawyer in Arkansas can do this.
What Types of Employees are Covered by Workers Compensation?
In Arkansas, there are certain laws that cover employees who get injure at work. The Arkansas Workers’ Compensation Commission (AWCC) oversees the workers compensation program. They make sure that people who are entitled to benefits receive them under the program.
The AWCC holds that most employees in Arkansas has the right to receive workers comp benefits. If you meet the basic criteria, there is no reason your benefits should be denied. However, not everyone is eligible for workers compensation.
Only employers who have more than three (3) employees are required to carry workers compensation insurance. And, certain types of employees aren’t eligible for workers comp. Some of these employees include:
- Railroad employees
- Federal workers
- Maids and domestic servants
- Independent contractors
- Volunteers and interns
- Agricultural Workers
- Employees of Charitable Organizations
- Employees of Religious Organizations
- Farm Laborers
- Maritime Workers
Just because you don’t qualify for workers compensation doesn’t mean you have no recourse against your employer. If you get hurt at work and it’s not covered by workers compensation, you need to call an experienced personal injury lawyer in Rogers, Arkansas.
What are the Benefits of Workers Compensation?
If you get injured at work, you may be eligible for workers compensation benefits. Like most other states, Arkansas provides for two main types of workers comp benefits: medical treatment and replacement wages.
Some of the benefits available to workers in Arkansas include:
- Medical Expenses
- Prescription Medications
- Temporary Total Disability (TTD) Benefits
- Permanent Partial Disability (PPD) Benefits
- Permanent Total Disability (PTD) Benefits
- Temporary Partial Disability (TPD) Benefits
- Wage Loss Disability Benefits
- Vocational Rehabilitation
- Medical equipment and devices
- Death Benefits
The exact amount of your permanent partial disability benefits can be difficult to calculate. It depends on how serious your injuries are. It also depends on what part of your body was injured. Your Rogers workers comp lawyer will fight to get you the maximum amount possible.
While you wait to recover from your injuries, you’ll also be entitled to replacement wages. These are as follows:
- 2/3 of your average weekly wages
- The minimum you can receive is $20 per week
- The most you can receive is $673 per week
- Benefits are paid every two weeks
What are the Qualifications I Need for Workers Compensation in Arkansas?
In order to qualify for workers comp in Arkansas, you need to meet certain criteria. These criteria center around the fact that your injuries have to be work-related. If you meet these criteria, you should be eligible for benefits.
The qualifications for receiving workers comp benefits in Rogers, Arkansas include:
- You were working at the time of your injury – If you’re not on the clock, you won’t be entitled to workers compensation. For example, if you were stopping by to pick up your paycheck and get hurt, you won’t be eligible for workers comp.
- The injury was directly caused by your job – Your Rogers workers comp lawyer does have to prove that your injuries were work-related. For example, if you install floors and suffer a knee injury, it’ll probably be considered work related. However, if you break your finger slamming it in your locker at work, you may not be covered.
- You may be able to show that your job accident aggravated a pre-existing condition – For example, if you had a bad back, you may reinjure it at work. Your doctor would have to confirm that your job aggravated your prior injuries.
- You were actually injured – It’s not enough that were involved in an accident or incident at work. You have to suffer an actual injury. Otherwise, you won’t qualify for workers cop benefits.
- You have to be unable to work – Just because you get hurt doesn’t mean you’ll be eligible for benefits. If you’re still able to do your job, you won’t be able to go out on workers compensation.
This list is not exhaustive. There may be other requirements for receiving workers compensation. Some cases are more complicated than others. There are also times when you may be eligible for medical treatment but not replacement wages.
Reasons for Workers Comp Denial
Your employer may deny your workers comp claim. If this happens, your workers comp lawyer in Rogers will help file your appeal. They’ll also negotiate with the insurance company to try to get your claim paid.
Your claim can be denied for any variety of reasons, including:
- You may not have been on the clock at the time of your injury
- You were horsing around and not following company safety guidelines
- You were under the influence of drugs or alcohol at the time of your injury
- Your injuries were caused by an ideopathic accident
- You’re not actually an employee – you’re only an independent contractor
No matter why your claim was denied, your Rogers workers comp lawyer will do their best to get it approved. They’ll file a claim with the workers comp commission and present evidence showing you were entitled to benefits.
You want to be careful how much you talk about your work accident. Anything you post on social media or tell other people can be used against you. Your employer will try to prove that you were either injured some other way or that you got hurt on purpose.
What Should I Do if I Get Another Injury at Work After Getting Workers Comp?
Although the odds of suffering two different workplace injuries are low, it does happen. If your second injury is unrelated to your first workers comp claim, things will work the same way they’re described above. However, if your second claim is related to the same injuries suffered in your initial claim, things can get more complicated.
You may still need to file a new claim. However, you may be able to reopen your initial claim. If the initial claim is still opening and you’re still being treated, your employer can continue on with the first claim. But if your first claim is already closed or settled, you’ll have no choice but to open a brand-new claim.
Regardless of whether you can reopen an old claim or file a new one, you need to call an experienced workers comp lawyer. There is a chance that you’ve suffered a permanent disability. Your lawyer will need to hire experts to make this determination.
Other Personal Injury and Accident Cases we Handle
Our firm has handled more than our fair share of workers compensation cases. However, we also handle all sorts of personal injury cases. If you’ve been injured at the hands of a third party, you may be entitled to compensation.
Our firm handles the following types of personal injury cases:
- Car Accidents – If you get injured in a Rogers car accident, 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 truck accident lawyer in Rogers, AR 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 an elderly abuse attorney.
- 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. Our skilled Rogers Workers’ Compensation Attorneys are here to help.
- 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. Your lawyer will have to prove that the defendant breached their duty of care. If so, you may be entitled to damages.
If you’ve been injured in any sort of accident, you’re going to need the services of an experienced personal injury lawyer.
Contact our Experienced Workers Compensation Attorneys for a Free Case Review
If you’ve been hurt on the job, you’re going to need to call an experienced workers comp lawyer in Rogers. You have a right to medical benefits and replacement wages. As long as you meet the criteria for a worker’s 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 Rogers personal injury attorney.
The consultation is absolutely free and you pay nothing until you settle your case.