Lincoln, AR Workers’ Comp Lawyer

Accidents at work are sometimes unavoidable, regardless of how safe you are. If you were injured on the job and cannot work, our lawyers can help you cover your damages in a Workers’ Compensation claim.

Workers’ Compensation benefits are available to most workers in Lincoln who are injured, as long as they are not classified as independent contractors. However, you must follow strict guidelines to recover your benefits. You must report your accident to your employer within 30 days so that they can file a claim with their insurer and the state. Your accident must also be work-related. You can still recover compensation if you accidentally injured yourself through your own carelessness, but not if the injuries were intentionally caused or the result of intoxication. If a third party other than your employer or coworker injured you, we can explore other legal options, like filing a lawsuit.

Call us at (479) 316-0438 to speak with our Workers’ Compensation attorneys, who are ready to provide you with a free case evaluation.

How to Qualify for Workers’ Compensation Insurance Benefits in Lincoln, AR

If you were injured on the job, Workers’ Compensation benefits might be able to help cover the damages your injuries caused. For most employees in Lincoln, Workers’ Compensation is the only way to get coverage since Ark. Code. § 11-9-105(a) bars injured employees from filing a lawsuit against an employer for a workplace accident, except in limited circumstances. To qualify, though, you will need to stick to highly specific procedures. However, you do not need to go at it alone, as our Worker’s Compensation attorneys are deeply familiar with the rules and guide you to final approval. We can also explore other legal options if a third party caused your injuries.

Confirm Employment Status

The first step is to confirm that Worker’s Compensation applies to you and your employer. Some workers are actually “independent contractors” and do not work directly for their “employer,” so they are not eligible for benefits. Independent contractors usually make their own schedules and control how they want to complete their work with very little oversight from the company with which they are contracting. However, do not assume you are an independent contractor, or you might lose out on coverage you had a right to claim.

An easy way to know if you are covered is if your employer posted Workers’ Compensation notices and posters around the workplace, as they are required to. If not, there is still a good chance that you are covered if you signed or verbally agreed to an employment contract, have your hours set by your employer, and have taxes taken out of your paycheck for you. You can also search the state “Workers’ Compensation Opinions Record Search” database online to confirm if your employer is insured.

The major distinction between regular employees and independent contractors is that contractors are typically free to sue the company if it acts negligently. As a general rule, traditional employees cannot sue their employers because Workers’ Compensation is the designated legal remedy.

Report Your Work-Related Accident

You must report your accident to your employer so that they can initiate the claims process. While you have 30 days to report the accident, you should waste no time notifying your employer. The sooner you report it, the sooner you will complete the necessary forms your employer needs to file their injury report with the state Workers’ Compensation Commission, the AWCC.

However, only “work-related” injuries will qualify for Worker’s Compensation benefits. This means the injuries occurred in the normal course of doing your job, regardless of the cause. It does not typically include accidents that happen on your way to work or heading home. Liability is not generally at issue since it need not be proved to get compensation. As long as your injuries were accidental, you should still qualify for coverage.

The insurance company will deny benefits if they believe that you caused the accident intentionally. For instance, an injured worker would not get benefits if they were hurt while horseplaying, starting a fight, or under the influence of alcohol or drugs. However, victims injured in assaults during the normal course of their job, like nurses hit by unruly patients, should still be covered by Workers’ Compensation.

If your employer intentionally injures you, Workers’ Compensation will be available, but you also have the option to sue. It is one of the few exceptions to Workers’ Compensation’s bar on lawsuits. If your employer hurt you because they violated safety regulations, failed to train employees, or committed other intentional misconduct, you can likely file a lawsuit.

Get Medical Treatment

You must also be independently examined by a doctor of the insurance company’s choosing to qualify for benefits. If you refuse to submit to the examination because it is not your physician, the insurance company cannot confirm for itself the extent of your injuries and how long you will be out of work, leading to a certain denial. However, you have a right to a second opinion, which our team can help arrange if the company doctor is downplaying your injuries or forcing you back to work before adequately healing.

Apply for Benefits

Your employer should be the one to report your accident, but unfortunately, some do not follow through. Regardless of whether it was an error or intentionally unreported, you have up to two years from the accident to submit your own report under § 11-9-702(a)(1). If you find yourself in this situation, § 11-9-105(b)(1) actually gives you the option to continue with your Workers’ Compensation or file a lawsuit against the employer for damages. A lawsuit is seriously worth considering since you can claim “pain and suffering” in a lawsuit but not through Workers’ Compensation.

Assess Other Legal Options

Besides your employer failing to file, you might consider filing a lawsuit in other situations. The prohibition on lawsuits only applies to lawsuits against an employer. You have no such restrictions placed on you if a third party caused your injuries. In some cases, the compensation from a lawsuit can supplement what you get from insurance. Note, however, that you cannot sue if you caused your accident yourself; Workers’ Compensation is probably your only route to recovery.

Contact Our Lincoln, AR Workers’ Compensation Lawyer Today to Get the Benefits You Deserve

For a free case review with our Workers’ Compensation lawyers, contact us today at (479) 316-0438.