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Arkansas Workers Compensation Lawyer

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In the state of Arkansas, an on-the-job injury is not automatically reported. The responsibility of reporting the accident falls to the employee, and not the employer. After the report is made, the employer must file a claim with the workers' compensation insurer. The insurer then chooses the doctor, who dictates treatment. If the injured worker has an issue at any point in the process, they are given a form to fill out and a waiting period, during which the insurer decides if the patient can change treatment or doctors. In essence, the entire process depends upon diplomatic disposition of the insurance carrier and its adjusters.

Workers' compensation is a type of insurance that accommodates employees who need compensation for medical care due to an injury during the course of work in exchange for the employee's right to sue their employer for negligence. Plans vary according to jurisdictions, though they can be made for weekly payments instead of wages as a type of disability insurance, compensation for past and future economic losses, the payment or reimbursement of the medical expenses as a type of health insurance, and benefits payable to the depends of workers who were killed as a type of life insurance. Not included in worker compensation plans are punitive damages for employer negligence and general damages for pain and suffering.

An injured worker is often ill-equipped to take on the behemoths that are the insurance carrier and the employer. The physical pain and mental stress that come with the injury often makes any fight a daunting task one that he or she would rather not attempt.

In Arkansas, workers' compensation is compulsory, and waivers are permitted. In regards to numerical exceptions, employment where two or more employees are employed by a building or building repair employer are exempt. Executive officers of a corporation or self-insured employers may waive coverage but they must provide coverage for employees of business. The employer has an initial choice of the physician, though it may be changed by the state agency. The employee is allowed to petition for a one-time change of physician. The waiting period for compensation benefits after the injury is seven days. Compensation is retroactive if the disability continues for two weeks from the date of the injury.

Although Arkansas law states that an attorney is unnecessary, the nature of the claims process dictates that the injured workers hire an attorney immediately. A workers' compensation attorney specializes in dealing with the complex system. Their knowledge of the laws are often what the claimant needs to be able to obtain benefits, while recuperating from injury. Filing motions, discovery, and presenting the case are just some of the things that a workers' compensation attorney can do on their client's behalf.

The attorney can also bring legal action against any third party that might be responsible for the initial injury. This includes manufacturers of faulty equipment. The attorney can seek punitive damages, pain and suffering, as well as attorney's fees.

Consulting a workers' compensation attorney is best not only after the initial claim is denied, but soon after the accident takes place. In Arkansas, the entire process seems to hinge on the actions of the employer and his insurer. The injured employee is often left at the mercy of the very people he must depend on for treatment. An Arkansas workers' compensation attorney can tip the scales to the benefit of the injured worker. They will ensure that the process runs smoothly, and that his or her client's rights are protected in the meantime.

It's important to choose an attorney with whom you are comfortable. They can alleviate a lot of the stress associated with an injury and finances, ass they focus on getting you the fair compensation you deserve while you focus on recovering.