When you get injured at work, you and your family deserve to receive all the medical care and financial benefits you need to get back on your feet. We know from decades of experience that injured workers get taken advantage of by insurance companies and their attorneys. For a path to speedy financial recovery, put the law firm of Walker & Harp at work for you today.
One of the most overlooked aspectsof a workers’ compensation case is the possibility to collect from a third-party claim. Because workers’ comp is a no-fault system, it means that you can get benefits (including medical care and lost wages) even if the injury was all or partially your fault.
However, rarely are these situations black and white. For example, your slip and fall injury could have been caused by a faulty seal coating on the floor or pavement. Or, the kickback from the machine that broke your arm could have been from a defective part made by the machine’s manufacturer.
In cases like these, you could have a third-party claim in addition to your primary workers’ compensation claim. A third-party claim can allow you to collect payment for pain and suffering and emotional stress. Punitive damages may also be rewarded.
The goal of workers’ compensation in Arkansas and other states is to protect the interests of workers that get injured or become ill while on the job. While compensating employees for a workplace injury dates back to ancient Sumeria (present-day Iraq) nearly 4,000 years ago, it took the United States much longer to implement these safeguards.
Today, workers’ compensation covers all of the related medical expenses from the injury or illness, as well as the majority of the wages lost due to not being able to work. If the employee becomes partially or fully disabled, then he or she is also entitled to disability pay. Further, workers’ compensation insurance stipulates that ongoing care will be provided when necessary.
Regardless of the injury or illness, it should be covered by workers’ compensation if the condition happened on the job or was due to the employee’s work environment. There are three notable exceptions that disqualify an employee from compensation:
Employees are eligible when the following conditions apply:
To get workers’ compensation benefits in Arkansas, the first thing you need to do is notify your employer of the injury or illness. It’s recommended to do this immediately after the incident, though you do have up to two years from the date of the injury or illness to file a claim.
Your employer then has to notify their insurance company. You may need to answer some follow-up questions and could be interviewed. At all times, be 100% honest. Do not leave out any details, as lies or omissions could hurt your case later.
You’ll also see a doctor for an evaluation or treatment. Once your claim is approved, you should begin receiving benefits within 14 days. If you are unsure of any of these steps or you have concerns about how your case is being handled, get in touch with an Arkansas workers’ compensation attorney.
With the tagline, “Where Possible Lives,” Rogers is an idyllic place to call home. With gorgeous scenery, historic sites, and well-worn hiking trails, Rogers is the heart and soul of Arkansas. As the city continues to grow, we are committed to protecting the health and financial well-being of its residents.
It’s a smart idea to get in touch with a workers’ comp lawyer immediately. Filing a claim is a multi-step process, and one misstep could jeopardize your eligibility. Your employer or their insurance company may try to minimize your injury or make you return to work before you’re ready. Make sure your rights and health are protected by working with an experienced law firm that is on your side.
Contact us for a free consultation.
WALKER LAW GROUP, PLC. is located in Fort Smith, AR and primarily serves clients in and around Fort Smith, Van Buren, Greenwood, Alma, Clarksville and Northwest Arkansas.
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