Answering Your Workers’ Compensation Questions
If you have been hurt on the job, you are facing a challenging road ahead and you probably have numerous questions about workers’ compensation insurance. After reporting your injury to your employer, you should contact an experienced lawyer who can help you through the process of obtaining your benefits.
At my law firm, Daniel A. Webb, PA, in Little Rock, Arkansas, I help clients with their workers’ compensation needs. With more than 20 years of experience, I have a thorough understanding of the workers’ compensation process. I take a personalized, committed approach to representing injured workers. When you work with me, I will personally walk you through every step of fighting for the financial relief you need.
What is workers’ compensation?
Workers’ compensation is an insurance program for people injured at work. All employers with more than a few employees are required to either carry workers’ compensation insurance from an approved provider or provide that benefit themselves.
What types of accidents are covered under workers’ compensation?
Workers’ compensation covers most physical injuries that occur on the job. It is important to note that injuries occurring outside of the workplace (which include preexisting conditions) are not covered by workers’ compensation. Emotional illnesses are covered in Arkansas, but these benefits can be extremely difficult to obtain.
What benefits does workers’ compensation provide?
Workers’ compensation can cover:
- Medical care, including doctor visits, surgery, hospital care and the like
- Ongoing care, including physical therapy and follow-up treatments as needed
- Medication
- Adaptive technology, including crutches, ramps, wheelchairs, etc.
- Other medical supplies
There are other benefits available, depending on your circumstances.
When should I report my injury to my employer?
You should report your injuries immediately to your employer. This is the first and most essential of the steps required to obtain your benefits. Although you have 30 days before you have to report your accident or work-related injuries, it is best to do it right away in order to create a record linking your symptoms to the work-related accident or incident.
Do I get to pick my treating doctor?
No, under Arkansas rules, your employer or their insurer generally gets to choose your treating physician for your workers’ compensation case. However, if you experience issues with the chosen doctor, you may be able to request a change. Additionally, you have the right to seek a second opinion on your own if you disagree with the treating physician’s assessment of your injuries and treatment needs.
Is there a waiting period for getting lost wage benefits in Arkansas?
Yes, there is a waiting period for workers’ compensation payments to cover lost wages. If you qualify for such payments, you generally won’t start receiving them until after you have missed seven days of work. If you end up missing 14 or more days, you will retroactively receive lost wages for those first seven days.
Does it matter who was at fault for my injuries?
In Arkansas, workers’ compensation is a no-fault system. Typically, you qualify for benefits as long as the injury was work-related, regardless of fault. However, fault issues could still impact your case. Certain behaviors, like intentional misconduct or on-the-job intoxication, could disqualify you from benefits. Also, if someone other than your employer was at fault, you might be able to pursue a personal injury claim against them in addition to your workers’ compensation claim.
If workers’ compensation covers my injuries, why do I need a lawyer?
Any type of workers’ compensation claim can be difficult to obtain. Your employer, the insurance company and the medical providers hired for workers’ compensation assessments are all motivated to deny or at least minimize your claim. There are complex procedures to follow for applying for benefits and appealing any denial of your claim. Working with an experienced attorney is the best way to ensure that you get the benefits you need.
Contact Daniel A. Webb, PA
I offer free consultations, and I am happy to talk through your case with you. Call me at 501-372-2400 or fill out my online contact form to schedule your free initial consultation. Together, we can cover all the angles and protect your future.