Morrilton, AR Workers’ Compensation Lawyer
Workers in Morrilton come to their jobs rarely expecting to be injured. If you are injured at work, you might be aware that Workers’ Compensation can help but do not know how or how to claim it.
Our team can help prepare and file your claim so you get the benefits you need quickly. In most situations, Workers’ Compensation is the only way to get compensation since injured workers typically cannot file lawsuits for workplace accidents. Always report your accident to your employer right after so they can file a claim with insurance. Contact our lawyers after so we can monitor your claim. Some employers do not file claims when they should, costing victims the compensation they deserve. We can help prepare forms, gather medical records, and appeal your claim if the insurance company is pushing back.
For a free and private case review with our Workers’ Compensation lawyers, contact us at (479) 316-0438 today.
What You Must Do to Recover Workers’ Compensation After Getting Injured at Work in Morrilton, AR
When someone is injured at work in Morrilton, Workers’ Compensation will likely be available to cover medical expenses and lost earnings. Unless you are a federal, maritime, railroad, or religious employee, you should be covered by your employer’s insurance without having to prove who was at fault. However, Ark. Code § 11-9-105(a) makes this the sole remedy for workers to cover their losses, meaning they will generally have no other legal options to get compensation. Workers are barred from filing lawsuits against their employer and coworkers, except under very specific circumstances.
Thus, you must ensure you complete the required steps within a certain amount of time to recover benefits. After reporting your accident to your employer, our Workers’ Compensation lawyers can help you fill out the numerous claim forms required and confirm the damages you should recover. If your employer’s insurance company disputes your claim, we can represent you during mediation and appeal hearings.
Report the Accident to Your Employer
Most Morrilton businesses must carry Workers’ Compensation insurance for accidents arising during the course of work, as per § 11-9-401(a)(1). After you are injured at work, notify your employer as soon as your injuries allow. It does not need to be reported instantly, like if you were immediately transported to the hospital first. Generally, sooner is better since you only have 30 days to notify your job.
You must complete Form N, the “Employee’s Notice of Injury,” and give it to your employer so they can submit a “First Report of Injury” to the Arkansas Workers’ Compensation Commission (AWCC). Our team can walk you through it, but it essentially provides details of the accident, like time and location, and any witnesses present at the time.
Get Medical Examinations
Typically, the next step after getting emergency medical care and the first report is filed is to get an independent medical exam. It is “independent” because a doctor of your own choosing does not do the exam. Instead, a doctor selected by your employer and insurance company will conduct the exam. The doctor will provide them with their medical opinion regarding the extent of your injuries and how long before you can return to work.
However, you might disagree with the independent medical exam’s results. Perhaps the doctor cleared you for work when you indicated you were still injured. Or, they might have overlooked other conditions in their diagnosis. We can help you get a second opinion so your benefits are not denied. If you refuse any requests for examination, your claim will likely be denied.
File with the Arkansas Workers’ Compensation Commission
While your employer is supposed to report your accident to the AWCC, they might forget or intentionally withhold the report. Fortunately, § 11-9-702(a)(1) gives you two years from the date you were injured to file your own claim with the AWCC. Alternatively, you might also be able to sue your employer under § 11-9-105(b)(1) if they did not file a claim when required.
You will need to complete numerous forms besides Form N, including Form C for compensation. You must fill out other forms if you plan on claiming permanent disability or death benefits on behalf of a family member. We recommend completing these forms with our team so they are accurate and supported by evidence, greatly improving your chances of getting your claim approved. Once approved, you should start receiving benefits after the ninth day following approval or the day of your injury if your disability is longer than two weeks, according to § 11-9-501(a).
File an Appeal
Of course, not every claim goes smoothly. If your claim is denied, we can help determine why and how to correct it. Many times, when a claim is rejected, it is because it is not supported with enough medical evidence or the forms above were incorrect or missing information. In these circumstances, the problem might be solved with a discussion between our team and the insurance company and submitting the appropriate documentation.
If the issue is more complicated, such as disputing the cause of the accident or the amount of compensation you are entitled to, we can file an appeal under § 11-9-711 with the AWCC. The appeal process will start with mediation between our attorneys and the insurance company. Mediation is like a court hearing but often much less formal and without the rules of a legal proceeding. We must still provide evidence and arguments, and you must testify honestly, but we do not have to accept mediation results.
We can request a formal administrative hearing with an Administrative Law Judge of the AWCC. The judge will listen to arguments, review evidence like any other trial, and give a binding ruling on the claim. If the hearing is unsuccessful, we might still be able to file a lawsuit in federal court.
Call Our Workers’ Compensation Attorneys in Morrilton, AR Today for Help Getting the Benefits You Deserve
Call us at (479) 316-0438 to speak with our Workers’ Compensation attorneys and get your free case evaluation.