If you suffer an injury at work here in the Little Rock area, the moments that follow are crucial. An unexpected accident can be disorienting, but taking immediate, sure steps is the best way to protect your health and your right to workers’ compensation benefits.
Your decisions right now directly affect your ability to receive compensation for medical bills and lost wages later. Here are three critical actions.
Step 1: Report the injury immediately
You must ensure that your claim is properly recorded with your employer. Generally, you need to use the form approved by the Workers’ Compensation Commission and submit it to the specific person or location your employer has chosen. This written requirement may be waived if the injury makes you physically or mentally unable to report, or if your employer learns of the injury immediately after it happens.
However, a different rule applies if you need emergency medical care when the business is closed. If your injury is an emergency occurring outside of the employer’s regular operating hours, you must still inform your employer about the injury by the end of their next regular business day.
Do not delay, even if the injury seems minor. Vital steps include:
- Always notify a supervisor directly about what happened
- Note the exact time, place, and nature of your injury
Prompt reporting helps prevent later disputes about when and where the accident took place. These actions are the foundation of your claim.
Step 2: Seek approved medical attention
While your health is the top priority, you must follow the correct procedure for medical care. Under Arkansas’s workers’ compensation law, your employer has the right to select the initial primary care physician.
There is a crucial exception to the rule that you must pay for unapproved medical treatment. Even if you receive care outside the employer’s designated doctor, the insurance company may still be required to cover the costs if all of the following conditions are met:
- The employer or insurer disputes whether your injury is covered (compensable).
- You make a written request to your employer asking for medical assistance.
- The employer fails to refer you to a medical provider within 48 hours of your written request.
- The Workers’ Compensation Commission later determines that your injury is compensable.
- The employer had not previously offered you medical treatment for that injury.
If you meet all of these strict requirements, your medical treatment may be covered even if you initially sought unauthorized care.
Follow these key steps to protect both your health and your claim:
- Clearly state that your injury is work-related to every medical provider you see.
- Strictly follow all medical advice and attend all appointments.
- Do not miss physical therapy or skip medications.
Failing to follow the doctor’s orders can give the insurance company a reason to stop or deny your claim, arguing that you did not cooperate with your recovery.
Step 3: Document everything
Documentation is essential to protect your rights. Start collecting details immediately, even before you file a formal claim. The more information you gather, the stronger your case will be. Crucial actions include:
- Documenting contact info for any coworkers who saw what happened.
- Keeping a detailed diary of your symptoms, your physical limitations, and any days of missed work.
- Saving copies of all claim-related paperwork, including forms, letters, receipts and doctor notes.
Cooperate fully with your employer’s workers’ compensation procedures, but always remain truthful and consistent about the facts of your injury. Consistency in your records is key to a successful claim.
Protect your rights
When you suffer a work injury, remember the three key steps: report, treat and document. These actions help ensure you meet your legal obligations while focusing on your recovery. The complexities of the Arkansas workers’ compensation system can be confusing. Consulting with a skilled lawyer helps ensure your rights to compensation are fully protected.