Menu
In Arkansas, employers with three or more workers are, by law, supposed to have workers’ compensation insurance. Even though this is the law, some workplaces may not have workers’ compensation. According to the Office of Workers’ Compensation Programs 2022 Statistics, a total of 794 claims have been filed in Arkansas. A total of 253 final decisions were approved thus far. Despite having workers’ compensation where you may work, this does not mean it is easy to collect the benefits you are entitled to for your injuries.
Do these things immediately to ensure you get a good start on filing your workers’ compensation claim.
Do not assume anyone else will tell your employer. To be safe, put your notice in writing and deliver it verbally. Deliver it and/or speak to a manager or employer to ensure they are aware of your accident. Always keep copies of any correspondence you have with your employer regarding your injuries.
After the claim is filed, your employer’s insurance company probably will ask you for further information, such as medical records. Make sure you keep accurate records of all visits to the doctor, and of all treatments and tests you receive. This information gives the insurance company the information they need to either approve or deny your claim.
Get medical treatment quickly, and document every step of the process, from the injury to treatment. Make sure you keep all receipts relating to your treatment and any other medical bills you have paid. Once a physician has seen you, report the injury and fill out an accident report in great detail. Be as accurate as possible, and just state the facts relating to your accident.
There are time limits on filing a claim and receiving benefits. Report your injuries as soon as possible, even though Arkansas law allows up to two years from the date of the injury. If you do not report, you may not receive workers’ compensation benefits. There are situations in which you only have one year to file a claim. To ensure there is no delay in reporting issues that could plague your filing for benefits, do it by the book and report your accident as quickly as possible.
In most cases, Arkansas workers cannot file a personal injury lawsuit against their employers for on-the-job injuries. This is what workers’ compensation is for in the event of an accident, and workers’ compensation claims must be tried before administrative law judges. The Arkansas Workers’ Compensation Commission makes the rules for these administrative hearings.
However, should someone other than your employer be liable for the accident, an injured employee may file a third-party injury claim.
A claim can be made against a negligent third party in state circuit courts by filing and serving a formal complaint against the defendant. By being served a complaint, the negligent third party may be held liable for parts of or all of the plaintiff’s claim. Each element of negligence must be proved to a judge and jury in state circuit courts.
• Religious & Charitable Organization Workers
• Maritime Workers & Railroad Employees
• Federal Workers
• Maids
• Independent Contractors
• Volunteers/Interns
• Agricultural Workers
• Farm Laborers
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.
If you have sustained an injury at work, you can claim workers’ compensation. Workers’ compensation is an insurance against work-related injuries and illnesses. You qualify for the compensation if you are injured while performing your duties. If you’ve been injured at work, its best to hire a qualified Bentonville workers’ compensation lawyer. Bentonville AR employees can reach out to the Law Office of Jason M. Hatfield, P.A. today to have their cases reviewed.
Over the years, we have worked with a large number of Bentonville employees. Our attorneys work closely with the victims to make sure they receive fair compensation benefits. Typically, compensation benefits cover medical bills as well as wages lost due to a disability.
You are legally required to report the injury within a specific period. You must also undergo medical treatment to qualify for the benefits. Many employees are not aware of these requirements and end up disqualifying their claim to benefits. If you’ve suffered an injury at work, let us help you create a strong compensation claim.
Workers’ compensation essentially covers all work-related injuries. These include slips and falls, burns and electric shocks, amputations, explosions, exposure to chemicals, and more. You can also claim comp benefits if another person attacks you and causes you physical harm on the job. Other health problems caused by the nature of your work can also qualify for workers’ compensation.
It doesn’t matter if the injury was caused by a mistake you made. The only exceptions are if you deliberately caused the injury, were intoxicated or indulged in horseplay. As per Arkansas law, you qualify for the compensation benefits only if your company has 3 or more employees.
The first thing you should do is to contact your supervisor or employer. You are required by law to report the injury to the employer to qualify for compensation benefits. However, make sure you don’t sign any unclear documents that the employer may provide you. Better still, run these documents by your Bentonville workers’ compensation lawyer. The lawyer will advise you on whether or not you are obliged to sign. If you don’t take adequate precautions, you may sign away your right to workers’ compensation.
If you are injured, you also need immediate medical care. If you refuse to accept medical care, your employer and the insurance company can hold it against you. This also affects your workers’ compensation claims. So whether it’s a minor or major injury, you must seek medical care and attention.
It is highly recommended that you consult your employer’s insurance carrier for medical recommendations. Ask them about recommended doctors and medical facilities. This will put you on the safe side and make sure your medical bills are covered. However, if you have prior approval to consult a doctor of your choice, you don’t need to do this.
Another important thing to do after an injury is to hire a Bentonville workers’ compensation lawyer. A lawyer will help you bring together relevant evidence and create a formidable claim. This is important as your employer will very likely contest the claim and try to fight it. So you will need to prove your claim in front of a team of lawyers. Having a lawyer of your own significantly improves your odds of success.
In most cases, employees meet strong resistance when they file for compensation claims. Lawyers representing your employer may try to portray your injury as insignificant. They may paint your injury as a pre-existing condition which has nothing to do with your job. These are all tactics to disqualify your claim and refuse it altogether. In some cases, your employer will try to downplay the injury to pay a smaller settlement.
It’s hard to face all of this on your own. You have to file your claim, present the evidence, and meet various other requirements. Failure to do any of this may end up disqualifying your claim. Our Bentonville compensation lawyers help you meet all the requirements and formulate a well-presented claim. An attorney can also help you counter the lawyers of your employer firm or the insurance company.
Here at the Law Office of Jason M. Hatfield, P.A., we have been representing injured workers for years. We know the courts, the employers, and the insurance companies. Above all, we know the workers’ comp law like the back of our hands. We can help you navigate this landscape with success and get the benefits you deserve. When you hire us, you are very likely to get a fair settlement.
When you report a work-related injury to your employer, the employer notifies the company’s insurance carrier. This is typically done through a First Report of Injury or Illness filed by the employer with the carrier. You are then asked to undergo medical examination by a recommended doctor. You can also consult a doctor of your choice depending on your company’s policies.
If the employer and the insurance carrier accept your claim, you should receive the first compensation benefits within two weeks. If the claim is disputed, the Arkansas Workers’ Compensation Commission (AWCC) steps in. This is a government body that aims to mediate workers’ compensation claims. AWCC calls upon you, your attorney, your employer, and the insurance company to discuss the claim. If the matter is still unresolved, you can file a claim for compensation.
You must follow the directions of the insurance company to qualify for compensation. These include consulting the recommend doctors and undergoing the recommended tests or procedures. Failure to do so can be used by the carrier against you in the court.
Workers’ compensation is insurance against your work-related injury. So it compensates you for all the losses you incur because of that injury. Benefits primarily cover medical costs, including doctors’ bills as well as costs of medicine and tests. If you need rehabilitation or therapy as a result of the injury, these are also covered.
In addition, compensation benefits include lost wages. If the injury has left you unable to work for a specific period, you qualify for lost wages benefits. However, you qualify for the wage benefits if you are forced to miss work for more than seven days.
In case of a serious injury resulting in death, the family of the deceased can also seek death benefits. These cover funeral costs as well as lost wages for the family of the deceased.
Our personal injury attorneys have been working with Bentonville residents for many years. If you have suffered a personal injury and qualify for a claim, we make sure that you get it. We handle personal injury claims related to truck accidents, car accidents, medical malpractice or neglect, and other cases. Our aim is to help you get fair compensation for the loss you have suffered.
Car Accidents: Automobile accidents can lead to physical pain, disability, and even death in more serious cases. If you or a loved one has been involved in a car accident, you know that it’s a very traumatic experience. The medical bills and legal problems only compound the problem. We are here to help you by providing legal aid to seek compensation when possible.
Trucking Accidents: Trucking accidents cause significant damage and serious injuries. Some of these injuries can be debilitating, significantly affecting the victim’s quality of life. If you have been injured in a trucking accident, we help determine the guilty party. We also assist you in seeking fair compensation from trucking companies, insurance carriers, or any other parties.
Motorcycle Accidents: Motorcycle accidents are quite common. If you’ve been in one, you have to deal with medical bills, paperwork, and other hassles. It’s easy to get confused and overwhelmed by all of this. You may end up settling for a small amount when you qualify for a larger sum. This is why it is important to hire a Bentonville motorcycle accident attorney to help you file the compensation claim.
Nursing Home Abuse: Here at the Law Office of Jason M. Hatfield, P.A., we work with nursing home abuse victims. If you or a loved one has suffered neglect, medical malpractice, or any other form of nursing home abuse, contact us. We ensure that you get damages and fair compensation from the nursing home or any other guilty party.
Wrongful Death: The untimely death of a loved one can be devastating. It also puts the emotional and financial lives of the dependents in jeopardy. As per law, you can seek compensation for wrongful death if you are among the dependents. Such compensation covers the financial and emotional loss you face because of the death.
It can be hard to face the medical bills and time away from work after you’ve suffered a work-related injury. This is why it is so important to file for workers’ compensation benefits. These benefits help you get through a tough period. They also let you stay financially afloat if you are unable to work for a period.
The Law Office of Jason M. Hatfield, P.A. works with injured workers all across Bentonville AR. We help you recover lost wages, pay your medical bills, and recover without worrying about the money. Our workers’ compensation lawyers work closely with you to make sure you get a settlement you deserve. So make no delays and call us today to discuss your case.
If you get hurt while on the job, you may be entitled to workers comp benefits. These benefits include medical treatment and replacement wages. Your Fayetteville workers compensation lawyer will make sure your claim is handled properly from the start.
When you get hurt, you have to report your injury to your manager or Human Resources. They’ll have you fill out an incident or accident report. They’ll send your report to their insurance carrier.
It’s important that you seek medical treatment right away. You will have to see a company approved doctor. This is a condition of receiving workers comp benefits in Arkansas. If you don’t comply with this requirement, you may risk having your claim denied.
If, for some reason, your claim is denied, your Fayetteville workers comp attorney can help you file an appeal. While there are several reason your claim could be denied, as long as you meet certain criteria, it should be approved.
If you get hurt at work, as mentioned earlier, you need to report your accident to your supervisor. They’ll make sure Human Resources is aware that you’ve been hurt. They’ll also make sure you complete an accident report.
Your Human Resources director should help you complete the necessary Form N. They should also make arrangements to get you medical treatment right away. If your injuries are very serious, they’ll call for an ambulance. If not, they’ll simply make an appointment with a company approved doctor on your behalf.
If your employer refuses to help schedule your medical care, you need to call your workers comp lawyer right away. They’ll deal with your employer and the insurance company so you don’t have to.
There are all sorts of injuries you can suffer while on the job. It really depends on what kind of work you do. If you do physical labor, you’ll probably suffer physical injuries. Some of these include:
Not everyone does physical labor. You may work in an office environment. This doesn’t mean you can’t get hurt. You may suffer vision or hearing problems. Your chair could break and you could fall and hurt your back. Or, you may suffer from carpal tunnel syndrome.
Your lawyer will help prove that you were injured. The seriousness of your injuries will determine how long your benefits will last. They can also impact the amount of your settlement.
As with any other sort of personal injury, you only have a certain amount of time to file a worker’s compensation claim in Arkansas. Legally, you only have two (2) years from the date of your injury to file your claim.
If you miss this deadline, your claim will be forever barred. This is why it’s a good idea to retain an experienced workers comp lawyer in Fayetteville. They’ll make sure you file your claim in time. They’ll also fight to get you the compensation you deserve.
If you get hurt on the job, your employer should be responsible for your medical care. Their insurance carrier is required to pay for all medical care related to your work injuries. You do have to make sure your treatment is authorized before it’s performed.
You also need to make sure you’re treated by a company approved doctor. The good news is that your providers aren’t allowed to bill you personally for your care.
Every state is different when it comes to workers compensation benefits. There are two main types of benefits: replacement wages and medical care. For the most part, unless you work in a very unique industry, you’ll be eligible for both types of benefits. These benefits will continue until you are ready and able to return to work.
If you get hurt on the job, your employer’s workers comp insurance should cover your medical expenses. Your employer is responsible for all medical bills related to your work injury. However, this doesn’t mean you won’t run into some issues.
It’s important that you follow these requirements when it comes to your workers comp claim:
If your claim is approved, you should be entitled to the following types of medical treatment:
Your workers comp lawyer in Arkansas will make sure you get the benefits you’re entitled to. If there is an issue or you’re denied care, your lawyer will reach out to your employer or their insurance carrier.
In addition to medical treatment, you’ll also be entitled to cash benefits. These are replacement wages that are paid to you every other week until you return to work. These wages are intended to help you take care of your family while you recover from your injuries.
Your cash benefits are equal to about 2/3 of your average weekly wages. So, if you normally make $500 per week, you’ll receive about $333 per week while on workers comp. You can’t receive less than $20 per week regardless of your average weekly wages. The most you can receive is $876 per week.
In order to qualify for benefits, you have to be out of work for at least seven (7) days. Once you’re out of work for fourteen (14) days, you’ll start receiving your replacement wages. The length of time you’ll receive benefits depends on how serious your injuries are.
In addition to weekly replacement wages, you may also be entitled to permanent injury damages. The amount you receive will depend on how bad your injuries are and which part of your body is injured.
These benefits are referred to as permanent partial disability benefits. Certain injuries, such as back injuries, are worth more than others. You’ll also be entitled to more if your injuries are permanent as opposed to just temporary.
When you first meet with your workers comp lawyer in Fayetteville, they’ll review your case and let you know what it may be worth. There’s no way to know for sure exactly how much your case is worth. Your attorney will know more once they talk to your employer’s attorney.
When you’re hurt at work, you’re going to have two (2) options. First, you may be able to collect workers comp benefits. If you were injured while on the job, this is the avenue your attorney will take. If, however, a third party is responsible for your injuries, you may have to file a personal injury lawsuit. This is the case if your employer is negligent as well.
If your injuries were suffered while on the job, you should be entitled to benefits. If you qualify for workers comp, you won’t be allowed to file a lawsuit against your employer. Their workers comp insurance will cover your medical treatment and replacement wages.
The good news is that, either way, you should be entitled to compensation. Your workers comp benefits are typically paid to you on a weekly basis. They continue until you recover from your injuries are able to return to work.
The other option your Fayetteville workers compensation lawyer will discuss with you is settling your case. If you suffer permanent injuries, you may be entitled to a lump sum. Your attorney will work hard to settle your case. Nobody wants to stay on workers comp for years on end. It’s not ideal for you or your employer.
Our firm handles all sort of personal injury cases. If a third party is responsible for your injuries, you may need to call an experienced personal injury attorney. We handle more than just workers comp. We handle the following types of personal injury cases:
If you’ve been hurt on the job, you’re going to need to call an experienced Fayetteville workers compensation lawyer. Contact the Law Office of Jason M. Hatfield P.A.! You have a right to medical benefits and replacement wages. As long as you meet the criteria for a workers comp claim, your claim should be approved.
If for some reason your claim was denied, your lawyer will help you file an appeal. They’ll also make sure your case is handled the right way from day one. Call today and schedule your initial consultation with an experienced personal injury attorney in Fayetteville.
The consultation is absolutely free and you pay nothing until you settle your case.
Suffering an on-the-job accident is something that you never expected to happen to you. You are careful at work, and you assume that your employer takes your safety seriously. However, even if they do, accidents can still happen. According to the Bureau of Labor Statistics, Arkansas has one of the highest worker injury and death rates. Most recently, in 2019, more than 24,000 employees experienced a workplace accident. These accidents resulted in more than 10,500 employees missing at least one day of work or requiring transfer to another position.
At the Law Office of Jason M. Hatfield, we proudly represent injured workers in workers’ compensation claims. Our Springdale workers’ compensation lawyers have decades of experience successfully investigating, preparing, negotiating, and litigating compensation cases when necessary. We understand what is at stake in these cases and take them as seriously as you do.
Given the frequency with which workplace accidents occur, Arkansas lawmakers developed the workers’ compensation system to address the growing need for a quick and fair way to connect injured employees with the benefits they need. Prior to the workers’ compensation system, an injured workers’ only option was to file a personal injury claim against their employer; however, under general principles of personal injury law, an employer is only responsible for a worker’s injuries if the worker can prove their employer was negligent.
The workers’ compensation system, on the other hand, is a no-fault program. This means that employees who experience a workplace injury can pursue a workers’ compensation claim without proving that someone else was responsible for the accident leading to their injuries. In most cases, even employees injured partly due to their own negligence can recover workers’ compensation benefits.
Workplace accidents can happen in any industry, at any moment, and without notice. They are not limited to those professionals traditionally regarded as dangerous. For example, some of the most common workplace accidents include:
• Motor vehicle collisions
• Slip and falls
• Multi-story falls
• Burns
• Exposure to harmful substances or chemicals
• Repetitive use injuries
• Construction accidents
Regardless of the nature of the accident leading to your injuries, the dedicated Springdale workers’ compensation lawyers at the Law Office of Jason M. Hatfield can help you submit an accurate and compelling application for benefits.
To qualify for workers’ compensation benefits, you must suffer some injury, disability or illness related to your employment. Almost all accidents that occur on the job will meet this requirement. However, proving eligibility for illnesses, conditions and diseases can be more challenging due to the various potential causes. For example, if your hand was crushed in a machine while working in a factory, the injury is almost certainly going to be considered work-related. However, if you develop a repetitive use injury after spending years working the same occupation, you may face a harder time establishing eligibility. That is not to say that it is impossible—only that your employer or their insurance company may challenge the work-relatedness of your injuries. An experienced Springdale workers’ compensation lawyer at the Law Office of Jason M. Hatfield can help you understand your rights and effectively prepare an application on your behalf.
After suffering a workplace injury or work-related illness, you may be eligible for workers’ compensation benefits. However, figuring out which benefits you qualify for is not always straightforward. Add to this the fact that employers and their insurance companies may challenge your claim, and the process can get even more difficult.
Under Arkansas law, there are two types of workers’ compensation benefits, medical coverage benefits and income-replacement benefits.
Medical coverage benefits provide compensation to you for the medical treatment you needed as a result of the accident. The amount of medical coverage benefits will vary based on the treatment you received. However, these benefits cover the following:
• Emergency room treatment
• Follow-up doctors’ appointments
• Any physical or occupational therapy that is deemed necessary
• Prescription drug coverage
• Reimbursement for travel to healthcare appointments
• Prosthetic devices
• Surgeries
Essentially, if any medical cost relates to the accident, it should fall on the employer, not the injured worker.
In addition to medical coverage, workers’ compensation benefits also provide ongoing income-replacement benefits to injured workers. This ensures that workers who are hurt on the job do not miss out on the income they could not earn while recovering from their injuries and are disabled or otherwise unable to work. There are four types of income-replacement benefits:
Temporary Partial Disability Benefits
Temporary Partial Disability (TPD) benefits are paid to injured workers who have been released by the workers’ compensation doctor to return to work part-time, with certain restrictions. These benefits are the least common workers’ compensation benefits.
TPD benefits are paid at a rate of two-thirds of the difference between your average weekly wage over the last 52 weeks and the amount of money you are making at your current position. However, TPD benefits cannot exceed the maximum weekly benefit amount for Temporary Total Disability Benefits, currently set at $876 per week.
Temporary Total Disability Benefits
Temporary Total Disability (TTD) benefits provide injured workers with ongoing payments while they are unable to work due to a work injury, disability or illness. You can also obtain TTD benefits if your doctor restricts you to light-duty work and your employer refuses to make such work available. In most cases, TTD benefits are paid to workers who suffer serious injuries but are expected to recover to the point where they will eventually return to work.
TTD benefits begin after you have missed seven days of work. You will continue to receive them as long as you are recovering from your work injury. However, the employer has the option of providing you with light-duty work instead of paying TTD benefits.
TTD benefits are paid at a rate of two-thirds of your average weekly wage over the most recent 52-week period. While a worker’s average weekly wage may be easy to determine in some circumstances, once you take into account overtime, shift differentials, commissions and mileage payments for those paid per mile, such as truck drivers, it can get much more complex. The maximum TTD benefit per week is $876 for claims brought in 2024.
Permanent Partial Disability Benefits
Permanent Partial Disability (PPD) benefits are available if you have suffered a permanent disability but can still work, albeit in a different position. Notably, you do not have to be totally disabled to receive PPD benefits. However, you must have a permanent partial impairment that is identifiable by objective medical evidence. PPD benefits begin at the end of your healing period, meaning these benefits are often paid after you no longer qualify for TTD benefits.
The amount of PPD benefits you receive depends on a variety of factors, including:
• Your average wage over the preceding 52-week period
• Your determined level of impairment
Once you reach the point where additional medical care will not improve your condition, a doctor will assess your condition and assign you an impairment rating. If your impairment rating is zero, you cannot receive PPD benefits. However, if you are permanently impaired, you will receive benefits depending on the level of impairment.
The maximum amount of PPD benefits you can receive per week in 2024 is $657.
Permanent Total Disability Benefits
Permanent Total Disability (PTD) benefits are available to injured workers who cannot earn any meaningful wage as a result of their work-related injuries, illness or disability. While it is challenging to qualify for PTD benefits, if you can qualify, you will receive workers’ compensation benefits until the age of retirement and possibly longer.
PTD benefits are available after you reach the point where you will no longer benefit from additional medical treatment. For example, if you received TTD benefits for some time and then are declared totally disabled. PTD benefits are paid at the same rate as TTD benefits, which is $876 per week in 2024.
At the Law Office of Jason M. Hatfield, we have extensive experience helping injured workers through the workers’ compensation process. Over the decades we have been handling Springdale workers’ compensation cases, we have recovered benefits on behalf of countless workers.
Are all employers covered under the Arkansas Workers’ compensation system?
Not necessarily; however, most are. Under Arkansas law, an employer with three or more employees must purchase a workers’ compensation insurance policy. However, even some employers with fewer than three employees, such as building construction companies, must also purchase workers’ compensation insurance.
How long do I have to file a claim for workers’ compensation after a Springdale workplace accident?
Under Arkansas law, you must file a workers’ compensation claim within two years from the date of injury or within a year of the last payment of wages. However, many employees assume that after they report the accident to their employer, their employer will file a workers’ compensation claim on their behalf. This is not necessarily the case. Injured workers should ensure their interests are protected by consulting with an experienced Springdale workers’ compensation lawyer as soon as possible.
Can I choose my own workers’ compensation doctor?
Initially, your employer has the right to select the doctor that will evaluate you for workers’ compensation purposes. However, if your employer refuses to provide you with a doctor’s name, or in cases of an emergency, you can visit a doctor of your choice. You can also petition to have your workers’ compensation doctor changed; however, this is a relatively complex process best left to an experienced Springdale workers’ compensation lawyer.
If you suffered injuries in an on-the-job accident and are wondering whether you may qualify for workers’ compensation benefits, reach out to the Law Office of Jason M. Hatfield for immediate assistance. We represent injured workers across Northwest Arkansas, including Springdale, Fort Smith, Fayetteville, Rogers, Berryville, Bentonville and Harrison. To learn more about the services we provide and schedule a free consultation, call us today at 479-361-3575. You can also connect with us through our online contact form.