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About 10 percent of workplace accidents in Arkansas have been fatal in recent years. From 2011 to 2019, there were 642 fatal workplace injuries in the state, with 62 of those fatalities occurring in 2019.
Causes of fatal accidents range from violence to physical accidents. Of the deaths in 2019, four can be attributed to violence and other injuries by people or animals; 31 to transportation accidents, seven slips, trips and falls; eight to exposure to harmful substances or environments; and 10 to contact with blunt objects and equipment.
Most companies with three or more workers are mandated by law to have workers’ compensation for their employees.
In Arkansas, a workers’ compensation policy is bought by the company. Employees do not pay for it or have it deducted from their paycheck. Coverage is, in most instances, under the auspices of a Workers’ Compensation insurance policy. It may also be paid out by a self-insured employer that has been approved. Not carrying workers’ compensation insurance means penalties for the employer and the potential loss of Workers’ Compensation protections under state laws.
Workers’ compensation gives injured or ill workers benefits as soon as possible, eliminating the need to find fault or file a lawsuit. As with any complex insurance system, some things can go wrong when filing an Arkansas workers’ compensation case. A Fort Smith workers’ compensation attorney at the Law Office of Jason M. Hatfield can help you file a claim.
In Arkansas, worker’s compensation is an “exclusive remedy.” This means an injured worker can only file a claim with the Worker’s Compensation Commission.
In Arkansas, injured workers have access to various types of workers’ compensation benefits. Depending on how severe the injuries are, workers’ medical costs, lost income, vocational rehabilitation (if applicable), and permanent disability may be available. Arkansas injured workers may receive the following benefits:
Medical costs: Includes doctor’s appointments, hospitalizations, surgeries, and other treatments and prescriptions. You have the right to request a change of physician one time. If that right is taken away, call our office for assistance.
Lost earnings: Workers who cannot work temporarily or permanently may be eligible to recover some lost wages. If you had to take a lower-paying job because you could not work in the position you had before being injured, you may be entitled to wage loss disability benefits.
Disability payments: There are temporary and permanent disabilities resulting from a work injury. An employee who breaks bones may be unable to work for several months. They may be eligible for temporary total disability (TTD). Permanent total disability (PTD) payments are for the most severe types of injuries where the injured worker cannot work again. These benefits are for life.
Vocational rehabilitation: Injured employees may be entitled to vocational rehabilitation if they cannot perform their regular job duties as they did before being injured. Workers can retrain for a new position.
Death benefits: A deceased Arkansas worker’s spouse, children and other dependents can obtain benefits to cover funeral and burial costs. The compensation also helps address the long-term consequences of losing their loved one’s lost wages.
Out of the thousands of claims filed every year in Arkansas, some are not approved. The following are the most common mistakes workers make that may compromise a claim:
Do these things immediately to ensure you get a good start on filing your workers’ compensation claim.
Inform them both verbally and in writing, and keep a copy of all written documents for your files. The faster you file your notice, the faster your workers’ compensation claim can be filed.
Include specific facts about your case, like witness names and contact information, as well as the time and location of the accident. Keep a copy of the form as evidence you filed to prevent your claim from being denied. Fill the form out even if you have already notified your employer in writing and verbally.
Do not delay, as that can be used as an excuse to deny your claim later. Tell the doctor your injury happened at work. Follow medical advice to the letter and get a note from the doctor if the injury prevents you from working.
Discuss your case with the Fort Smith workers’ compensation attorneys at the Law Office of Jason M. Hatfield. We protect your legal rights and help you navigate the complex workers’ compensation process. We can tell you if you may also have a personal injury claim against a third party.
A. If you were injured in Arkansas, you would be entitled to payment of all medical expenses, rehabilitation, medications, home health care, physical therapy, and so on.
If your injuries prevent you from working, you may receive weekly temporary total disability benefits. These benefits are calculated based on two-thirds of your average weekly wage subject to certain maximum benefits. Temporary total disability benefits (TTD) are discontinued when you are released by your authorized doctor to return to work.
If you sustained a permanent injury, a doctor assesses the impairment and rates it. The rating is used to determine the amount of permanent disability benefits a worker can claim.
Benefits paid for permanent disability depend on the impairment rating, the age and education of the worker, and whether they can return to the same or similar employment or may suffer any loss of ability to earn in the future.
A. You do have the option of representing yourself and opt for limited assistance from the Arkansas Worker’s Compensation Commission. If your injury is not serious and the employer’s worker’s compensation insurance company accepts the claim, you may not need legal representation.
However, serious injuries are another matter. It is in your own best interests to talk to an experienced workers’ compensation attorney as early as possible to find out if there is a possibility of a claim being made against another person other than the employer. If your injuries are serious, legal representation can go a long way toward ensuring you get appropriate compensation for your situation.
A. Your employer is not required to keep your job open. However, if you are physically not able to do your usual job, you could be entitled to retraining at the employer’s expense. Whether or not you can return to work is also important as it relates to permanent disability benefits you may be able to claim.
However, serious injuries are another matter. It is in your own best interests to talk to an experienced workers’ compensation attorney as early as possible to find out if there is a possibility of a claim being made against another person other than the employer. If your injuries are serious, legal representation can go a long way toward ensuring you get appropriate compensation for your situation.
A. In Arkansas, lawyer’s fees for worker’s compensation cases are relatively low. This is because they are set by law and based on a percentage of the benefits the attorney obtains for the client.
Fees are typically only charged if the case is settled by “joint petition” or if the workers’ compensation claim is contested, and the lawyer successfully obtains benefits the insurance company had not voluntarily paid.
There are instances when an insurance company pays the entire amount of the attorneys’ fees. In other cases, the fee may be split between the insurance company and the client. Any fees agreed upon must be approved by the court.
However, serious injuries are another matter. It is in your own best interests to talk to an experienced workers’ compensation attorney as early as possible to find out if there is a possibility of a claim being made against another person other than the employer. If your injuries are serious, legal representation can go a long way toward ensuring you get appropriate compensation for your situation.
A: We are asked this question a lot, and for a good reason. If you are off work, you need to know approximately how long you will receive benefits so you can pay bills.
The answer to this question is that each claimant receives benefits for differing periods of time. This is because the length of time you would get benefits depends on how severe your injuries are and how long they are expected to last. Everyone heals at a different rate. This means that you get benefits biweekly until you are released back to work by your authorized treating physician.
An example is, again, depending on the nature of your injury, you may get temporary partial or temporary total benefits for as long as your authorized doctor believes you are continuing to heal from your work injury. Or, you may get permanent partial benefits for a period of time after the authorized medical provider releases you from care with an impairment rating, which also depends on the type of injury and how serious it is. If your injury results in you never being able to work again, total and permanent disability, you will likely receive benefits for the rest of your life.
At any stage of the claims process, you can appeal or question the outcome. It is best to discuss this with an experienced Fort Smith workers’ compensation attorney at the Law Office of Jason M. Hatfield.
Fees are typically only charged if the case is settled by “joint petition” or if the workers’ compensation claim is contested, and the lawyer successfully obtains benefits the insurance company had not voluntarily paid.
There are instances when an insurance company pays the entire amount of the attorneys’ fees. In other cases, the fee may be split between the insurance company and the client. Any fees agreed upon must be approved by the court.
However, serious injuries are another matter. It is in your own best interests to talk to an experienced workers’ compensation attorney as early as possible to find out if there is a possibility of a claim being made against another person other than the employer. If your injuries are serious, legal representation can go a long way toward ensuring you get appropriate compensation for your situation.
A: In Arkansas, there are three occasions when a survivor of a deceased worker may be entitled to death or survivor benefits. The first instance is when a worker dies as a result of an injury in the workplace. Family, or survivors, may also receive death benefits if the worker’s demise is not related to their employment.
If a worker sustains an injury at work that results in a permanent partial disability or a permanent, total disability and dies later, survivor benefits may still be available. In Arkansas, total dependents are eligible for survivor benefits, including dependents children, spouse, sisters, brothers, parents, grandparents, and grandchildren.
A funeral benefit of up to $6,000 is also paid. However, if a worker dies from a cause unrelated to a work injury, survivors are only entitled to the total accrued benefits to which the deceased would have been entitled.
The answer to this question is that each claimant receives benefits for differing periods of time. This is because the length of time you would get benefits depends on how severe your injuries are and how long they are expected to last. Everyone heals at a different rate. This means that you get benefits biweekly until you are released back to work by your authorized treating physician.
An example is, again, depending on the nature of your injury, you may get temporary partial or temporary total benefits for as long as your authorized doctor believes you are continuing to heal from your work injury. Or, you may get permanent partial benefits for a period of time after the authorized medical provider releases you from care with an impairment rating, which also depends on the type of injury and how serious it is. If your injury results in you never being able to work again, total and permanent disability, you will likely receive benefits for the rest of your life.
At any stage of the claims process, you can appeal or question the outcome. It is best to discuss this with an experienced Fort Smith workers’ compensation attorney at the Law Office of Jason M. Hatfield.
Fees are typically only charged if the case is settled by “joint petition” or if the workers’ compensation claim is contested, and the lawyer successfully obtains benefits the insurance company had not voluntarily paid.
There are instances when an insurance company pays the entire amount of the attorneys’ fees. In other cases, the fee may be split between the insurance company and the client. Any fees agreed upon must be approved by the court.
However, serious injuries are another matter. It is in your own best interests to talk to an experienced workers’ compensation attorney as early as possible to find out if there is a possibility of a claim being made against another person other than the employer. If your injuries are serious, legal representation can go a long way toward ensuring you get appropriate compensation for your situation.