The Work Comp Process
What Is Required To Win Arkansas Workers’ Compensation Claims?
In Arkansas the burden is on the injured worker to prove all aspects of their claim. Initially, we must prove that you are an employee working in the course and scope of your employment. It has become common for employers and insurance carriers to claim you are an independent contractor and not covered by the workers’ compensation act. Once it is proved that you are an employee, we must prove that you were injured while in the process of doing your job or advancing your employer’s interest. Most injuries are proved through specific incidents, such as, spinal disc herniations that occur while lifting heavy items, rotator cuff tears in your shoulder as a result of trips, slips, and falls, or traumatic brain injuries sustained in falls from platforms or roofs.
Much litigation occurs over the injury itself. Arkansas law requires that we prove injuries through objective medical evidence which is defined as beyond the injured worker’s control. Specifically, complaints of pain are not enough to prove your injury. Your injury must be proved by X-ray, CT Scan, MRI, Nerve Conduction or some other medical test. Additionally, muscle spasms documented by your physician are considered objective medical evidence. Many insurance carriers will deny your claim due to a pre-existing condition. However, an aggravation of a pre-existing condition is considered compensable when it occurs while you are performing your job.
It is important to report your injury to your supervisor as soon as it happens. Much litigation happens when an injury is not immediately reported as it gives the insurance carrier an opportunity to deny that the injury occurred at work.
What Benefits Are Available In Arkansas Workers’ Compensation Claims?
- Medical Expenses
- Temporary Total Disability Benefits
- Permanent Partial Disability Benefits
- Wage Loss Disability Benefits
- Permanent Total Disability Benefits
- Facial Disfigurement
- Vocational Rehabilitation