Workers’ compensation helps those who are injured on the job in Arkansas. Yet, for many employees, workers’ compensation can be confusing.
Here are five common myths about workers’ compensation coverage in Arkansas and the facts behind the stories.
Myth: If you file for workers’ compensation, your paycheck or your co-workers’ pay will decrease.
Fact: Workers’ compensation insurance coverage is paid by your employer – not by employees.
One common myth is to assume that workers’ compensation insurance is paid by the employee. No, under Arkansas law the employer is required to purchase workers’ compensation insurance for its employees. Your employer cannot charge that expense to you.
Injured workers are entitled to reasonable medical care and two-thirds of their wages while off work under the supervision of a doctor. Employers do not have to pay for pain and suffering. The employer also receives protection from many types of lawsuits, including negligence. IIt does not cost employees anything to report injuries to their employer. However, if the employee does not report the injury, the insurance company will try to avoid payment.
Myth: You qualify for workers’ compensation after an injury, no matter what you do.
Fact: You must report your injury to receive coverage.
Workers’ compensation applies to work-related injuries, no matter how they occur. However, your employer must know about the accident to ensure you’re covered.
Report the accident as soon as possible after it occurs. You can tell your boss, your HR department, or anyone in charge of the work site.
Other steps that can help you get workers’ compensation benefits:
- Attend all your medical appointments and follow your doctor’s instructions.
- Keep copies of all your paperwork and records related to the injury. This may include copies of notes from doctors’ visits, copies of bills or receipts, a list of your mileage when you travel to and from appointments, and other related information.
- If you earn any money after your injury, report it to the workers’ compensation carrier. Failing to report earnings can result in your case being delayed or benefits being denied. Keep a log of everything you report: date, time, amount, and where you sent the information.
- If you receive paperwork or other requests from your employer or the workers’ compensation carrier, complete these tasks promptly. Read the paperwork carefully before signing it. If you don’t understand it, ask a lawyer for help.
Myth: You’ll still have medical bills even after workers’ compensation.
Fact: Workers’ compensation pays for “reasonably necessary” medical care.
Another common myth is to assume that workers’ compensation is similar to medical insurance. Many healthcare plans use cost-sharing methods – meaning that even after insurance pays, you’re still stuck with part of the bill.
Workers’ compensation works differently. All “reasonably necessary” medical care for a work-related accident or on-the-job injury is covered by workers’ compensation benefits.
Common medical costs that workers’ compensation covers include:
- Surgery and hospital care,
- Medications,
- Medical devices like braces or crutches,
- Physical therapy,
- Visits to an approved doctor.
Other “reasonably necessary” costs may be covered as well.
Myth: Workers’ compensation will pay for any doctor you decide to see.
Fact: Your employer or their workers’ compensation insurer can choose the doctor you see.
In Arkansas, your employer or their workers’ compensation insurance carrier chooses the doctor. Talk to your employer to receive a list of doctors covered by workers’ comp.
If you choose to see a doctor your employer or their insurer doesn’t approve, workers’ compensation may not cover the cost of the visit. You may pay for that visit out of pocket instead.
You may petition the Arkansas Workers’ compensation commission to change to a different doctor. However, you can only change doctors one time.
Typically, a covered doctor will bill workers’ compensation directly. If you receive a bill, make a copy for your records. Submit the original bill to your employer or the workers’ compensation carrier.
Myth: Workers’ compensation won’t help you if you’re off work.
Fact: Workers’ compensation will help replace lost wages if you have to be off work for a certain amount of time due to your injury or illness.
Workers’ compensation provides benefits that replace lost wages for injured workers. However, these benefits typically only replace a portion of your lost wages – not the entire amount. Under Arkansas law you receive two-thirds of your average weekly wage, but there is a cap on total wages.
In Arkansas, you can seek benefits for time off work if you’re off work for at least seven days. These seven days must be approved by your doctor. Benefits begin on the 8th day that your injuries keep you away from work. If you’re off work for more than 14 days total, you may be paid for the first seven days.
If your doctor releases you to light duty, you must perform the light duty if your employer provides the work. If you refuse to try, then the insurance carrier will not be responsible for paying any wages.
Calculating the amount you’re owed for lost wages can be challenging. An experienced Arkansas workers’ compensation lawyer can help.
Injured at work? Talk to the team at the Law Office of Jason M. Hatfield, P.A. We’ll help you understand your legal rights and fight for the compensation you need.