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Can You Receive Workers’ Comp for a Neck Injury in Arkansas?

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Many people experience neck injuries at the workplace. Workers’ comp for a neck injury in Arkansas depends upon various factors. Neck pain can be mild or severe. In severe cases, it may hinder you from performing your normal job, and your employer may be required to provide you light duty. Understanding and evaluating your legal options is vital to attain financial compensation for neck injuries.

Workers’ Comp for a Neck Injury in Arkansas; Are You Eligible?

In 2019, there were 2.8 million non-fatal workplace injuries in the USA. These incidents are increasing at a rapid speed. It is necessary to know whether you are eligible for workers’ comp for a neck injury in Arkansas. Numerous people suffer from neck injuries. This could be the result of an accident such as a car crash or could be from a slip and fall at work. More examples include lifting a heavy object due to the nature of your work, or falling from a height such as scaffolding while performing job duties.

Slip and fall incidents from heights usually occur on construction sites. The workers at a construction site are more likely to incur such injuries.  If you experience a neck injury while performing your work-related duties you may receive workers’ compensation benefits. These benefits include medical treatment and compensation for your lost wages.  These wages are supposed to reduce your financial burden while you recover from workplace injuries.

The eligibility criteria for workers’ compensation include the following:

  1. You must be an employee of the organization where you experienced the injury. If your employer does not have workers’ compensation insurance, then you can make a claim for benefits from the general contractor.  The injury must be work-related and occur while you are performing employment services.  Independent contractors are not entitled to workers’ compensation benefits.
  2. Your employer must have insurance for workers’ compensation if your employer has at least three workers. Most companies in Arkansas have workers’ compensation insurance. If your employer does not have insurance for worker’s compensation, then you have the ability to file a personal injury claim against your employer.
  3. In order to prevail on a workers’ compensation claim, you must prove your injury with objective medical evidence.  This is usually proven with X-rays, CT scans, or MRIs.  Additionally, muscle spasms diagnosed by a medical professional are defined as objective medical findings.

Reporting & Treatment Requirements for Workers’ Compensation:

To win your claim with workers’ comp for a neck injury in Arkansas it is necessary to accurately follow the steps to file your workers’ compensation case. It is essential to report your injury incident immediately to your employer. Your claim can be rejected if you fail to notify your employer about the injury. The information provided to file the claim must be accurate and complete.

Furthermore, medical treatment from the doctor listed by your employer is highly significant. First of all, you should get a complete checkup to rule out any underlying condition caused by the injury. Secondly, the medical report is substantial evidence in your case. The doctor listed by your employer will also provide a medical report to your employer stating whether you can return to work or not. If you fail to attain a medical report or follow a doctor’s treatment, your case can be rejected.

How Much Workers’ Compensation Can You Get for Neck Injury:

The amount of compensation for workplace injury depends upon the severity of your injuries. Commonly, 2/3 of your average weekly pay is provided in workplace injury as compensation. This is called temporary total disability (TTD).  Your personal injury lawyer will guide you through the steps and the amount you can claim for your neck injury.

Your workers’ compensation claim can be denied for the following reasons:

  • The injury occurred outside the workplace while not performing employment services
  • False information provided when notifying your employer
  • Lack of objective medical treatment evidence
  • Employer disputing the claim, i.e., claims you are an independent contractor

If your claim is denied, there are more ways to appeal for your rights. You have up to 2 years to file for worker’s compensation after you experience the injury.

It is important to know that if your employer carries workers’ compensation insurance you cannot put forward a personal injury claim for negligence in a circuit court against your employer. However, you can make a negligence claim against a third party in civil court.  Third parties are negligent parties that are not your employer or co-employees.  Third-party claims can include negligent drivers that cause a car accident while you are performing job duties, manufacturers of faulty equipment that result in an injury, or a negligent subcontractor that causes an injury while at the workplace.

Negligent actions of third parties are filed in civil court and are entitled to be tried by a jury of twelve of your peers.  Workers’ compensation cases are tried by an administrative law judge that is appointed by the Governor of Arkansas.  Your personal injury lawyer will explain your rights and the differences between the courts.

Neck Injury Workers’ Compensation Attorney in Arkansas:

We can help you if you or your loved ones have ever experienced a workplace injury. We ensure that you receive the compensation you deserve when it comes to a workers’ comp for a neck injury in Arkansas. Years of experience and professional skills make us the best choice for legal consultation. Our lawyers and team assist in obtaining evidence and getting the maximum amount for your claim.

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