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Rogers Workers’ Compensation Lawyer

Rogers Workers’ Compensation Lawyer

Rogers Workers’ Compensation Lawyers

Being injured on the job can affect your ability to continue working.

In Arkansas, employers with three or more workers are, by law, supposed to have workers’ compensation insurance. Even though this is the law, some workplaces may not have workers’ compensation. According to the Office of Workers’ Compensation Programs 2022 Statistics, a total of 794 claims have been filed in Arkansas. A total of 253 final decisions were approved thus far. Despite having workers’ compensation where you may work, this does not mean it is easy to collect the benefits you are entitled to for your injuries.

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Workers' Compensation in Arkansas Infographic: What You Need to Know

After suffering a workplace injury or work-related illness, you may be eligible for workers’ compensation benefits. However, figuring out which benefits you qualify for is not always straightforward. Here are some facts about Arkansas Workers’ Compensation. Rogers workers’ compensation lawyer at the Law Office of Jason M. Hatfield can ensure you get the best chance of successfully obtaining your mandated benefits. Contact us today to go over your options and next best steps at (479) 361-3575.

A Workers’ Compensation Claim is Different Than a Personal Injury Claim

The first major difference is that for a personal injury claim, the plaintiff must prove fault before receiving compensation. In a workers’ compensation claim, an injured worker, hurt while on the job, receives benefits, no matter who was at fault for an accident. An experienced Rogers workers’ compensation attorney can explain any exceptions to this rule. If you are injured at work and therefore entitled to workers’ compensation, you cannot collect damages for pain and suffering or other emotional damages. In a personal injury claim, you may seek compensation for emotional damages, pain and suffering. In a workers’ compensation claim, injured workers are paid two-thirds of their salary, and the amount is capped. An injured worker often receives benefits quickly.
Workers compensation statistics
In a personal injury claim, the plaintiff is likely to recover all wages lost.  However, in a personal injury claim, it may be months or years before a settlement or court award is granted.

Employees Versus Independent Contractors

Rogers Workers' Compensation Lawyer
In Arkansas, only employees are eligible for workers’ compensation. Independent contractors are not. This is important to know, because some employers may try to classify an injured worker as an independent contractor and not pay workers’ compensation. If this happens to you or someone you know, legal counsel is crucial. Hiring a Rogers workers’ compensation lawyer will make a difference in the outcome of your claim. Understanding your rights as an Arkansas worker will better prepare you for next steps. A hard worker should not feel alone in this quest for justice. Our experienced legal team will guide you through the legal process. Call today to learn more about your options at (479) 361-3575

When Injured at Work, Here’s What to Do

Do these things immediately to ensure you get a good start on filing your workers’ compensation claim.

As soon as possible, if not immediately, you must inform your employer about your accident and the injuries sustained.

Do not assume anyone else will tell your employer. To be safe, put your notice in writing and deliver it verbally. Deliver it and/or speak to a manager or employer to ensure they are aware of your accident. Always keep copies of any correspondence you have with your employer regarding your injuries. 

Keep accurate records.

After the claim is filed, your employer’s insurance company probably will ask you for further information, such as medical records. Make sure you keep accurate records of all visits to the doctor, and of all treatments and tests you receive. This information gives the insurance company the information they need to either approve or deny your claim.

Get medical attention.

Get medical treatment quickly, and document every step of the process, from the injury to treatment. Make sure you keep all receipts relating to your treatment and any other medical bills you have paid. Once a physician has seen you, report the injury and fill out an accident report in great detail. Be as accurate as possible, and just state the facts relating to your accident.

Report the injury and seek legal advice.

There are time limits on filing a claim and receiving benefits. Report your injuries as soon as possible, even though Arkansas law allows up to two years from the date of the injury. If you do not report, you may not receive workers’ compensation benefits. There are situations in which you only have one year to file a claim. To ensure there is no delay in reporting issues that could plague your filing for benefits, do it by the book and report your accident as quickly as possible.

What Workers' Compensation Benefits Include

There are many benefits that Arkansas workers can use to their advantage. Workers’ compensation benefits for injuries that happened during an employee’s shift include:
  • Medical Benefits – Your employer must approve the doctor treating you.
  • Mental Injuries – You must prove that the condition developed because of a physical injury sustained at work. Benefits are capped at 26 weeks.
  • Rehabilitation – Physical or vocational rehabilitation may be covered. Your doctor must order physical rehabilitation. Vocational rehabilitation is only available if you cannot do what you used to do at work.
  • Temporary Total Disability (TTD) – Missing work due to an injury means you receive two-thirds of your average weekly wages over the past 52 weeks. There are maximums. Speak to an experienced Rogers workers’ compensation lawyer.
  • Permanent Partial Disability (PPD) – If your injury permanently impairs you, you may continue to get benefits when you return to work. This depends on the level of impairment.
  • Permanent and Total Disability – If you cannot work in any position due to your injuries, you receive workers’ compensation payments after your healing period has ended.
Benefits typically kick in on the ninth day of your disability. If you miss more than two weeks, you receive back payment to the first day. It’s important to discuss your options with your employer, HR representative, or Arkansas workers compensation lawyer.

Top Reasons Workers’ Compensation Claims May Be Denied

If your claim is denied, contact a Rogers workers’ compensation lawyer at the Law Office of Jason M. Hatfield. Have your claim reviewed, so we can help you move forward. Top reasons for claim denials include:
  • Your injury did not happen at work.
  • You did not notify your employer as soon as possible after the accident.
  • You were under the influence of alcohol or drugs when the accident took place.
  • You did not get treatment from an approved physician.
  • You did not follow the doctor’s orders and/or did not follow through with treatment.
  • Your injury was a pre-existing condition. However, if your job worsened the injury, you may be eligible for benefits.

Qualifications for Receiving Workers’ Comp Benefits in Rogers, Arkansas

Qualifications for receiving workers compensation benefits in Rogers, Arkansas can include the following:
  • You were working when you were injured.
  • Your job directly caused the injury.
  • Being able to show your accident at work aggravated a pre-existing condition.
  • You sustained a verifiable injury.
  • You are unable to work.
There may be other requirements to meet for being eligible for workers’ compensation, and that depends on the nature of the case, the circumstances, and the type of injuries sustained. This list is not exhaustive.
Workers comp benefits

Third-Party Liability Claims in Arkansas

Rogers Workers' Compensation Lawyer
A Rogers workers’ compensation lawyer can explain the legal process. It’s best to discuss your case with an experienced attorney in our Fort Smith or Springdale office. We will prepare your case for potential discovery, mediation, or litigation.

In most cases, Arkansas workers cannot file a personal injury lawsuit against their employers for on-the-job injuries. This is what workers’ compensation is for in the event of an accident, and workers’ compensation claims must be tried before administrative law judges. The Arkansas Workers’ Compensation Commission makes the rules for these administrative hearings. 

However, should someone other than your employer be liable for the accident, an injured employee may file a third-party injury claim.

A claim can be made against a negligent third party in state circuit courts by filing and serving a formal complaint against the defendant. By being served a complaint, the negligent third party may be held liable for parts of or all of the plaintiff’s claim. Each element of negligence must be proved to a judge and jury in state circuit courts.

Employees Ineligible for Workers’ Compensation Insurance

Employees in all occupations can sustain damages while on the job. However, it is important to understand that not all Arkansas workers may be eligible for workers’ compensation.

Some ineligible workers include:

•  Religious & Charitable Organization Workers
•  Maritime Workers & Railroad Employees
•  Federal Workers
•  Maids
•  Independent Contractors
•  Volunteers/Interns
•  Agricultural Workers
•  Farm Laborers

Contact a Lawyer Today at the Law Office of Jason M. Hatfield, P.A.

If you were injured on the job while working in any of the above occupations, you may be entitled to seek compensation. Although you cannot file a workers’ compensation claim, you may have the option of filing a personal injury lawsuit. The personal injury attorneys at the Law Office of Jason M. Hatfield can help you understand your legal rights. Our experienced team will help you file a lawsuit and gather information for your specific case. The Law Office of Jason M. Hatfield, P.A. represents Rogers workers’ compensation claims from Northwest Arkansas, including Fort SmithSpringdaleFayettevilleBentonville, Berryville, and Harrison. Call us today for your free consultation (479) 361-3575.

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