Fayetteville Workers' Compensation Lawyers

Workplace injuries can have a profound impact on a person’s financial stability, physical well-being, and ability to perform their job effectively. In Arkansas, Workers’ Compensation laws are designed to provide benefits to individuals who suffer job-related injuries or illnesses. However, the claims process may involve challenges that require a strong grasp of the rules governing Workers’ Compensation benefits.

Whether someone is recovering from a repetitive stress injury or a sudden accident on a construction site, legal guidance may be necessary to address issues that arise during the process. At Osborne Law Firm, our Fayetteville Workers’ Compensation lawyers assist clients who have suffered work-related injuries and are seeking benefits under state law. Our legal team works to uphold the rights of injured workers and pursue what they are entitled to receive under the law. 

What Types of Injuries Are Covered Under Workers’ Compensation?

Workers’ Compensation in Arkansas covers a broad range of injuries and occupational illnesses. Covered injuries generally include those that occur as a direct result of work-related activities. This may involve falls, machinery accidents, burns, or exposure to harmful substances. Repetitive motion injuries, such as carpal tunnel syndrome, and mental health conditions caused by workplace trauma may also be included in certain cases.

To qualify for benefits, the injury must arise in the course of employment. This means that the harm must occur while the employee is performing job duties or activities related to their position. Certain injuries that occur during breaks, while commuting, or during activities outside the scope of employment may not be eligible. Pre-existing conditions aggravated by job duties may be considered if it can be shown that the aggravation occurred at work.

What Benefits Are Available Through Arkansas Workers’ Compensation?

Arkansas Workers’ Compensation provides several types of benefits to eligible workers:

• Medical benefits typically cover doctor visits, hospital stays, medication, and physical therapy related to the injury.  
• Temporary total disability benefits are available when an employee is unable to work for a period of time due to their injury. These benefits generally amount to a portion of the worker’s average weekly wage, subject to a statutory cap. 
• If the worker is left with permanent impairment, permanent partial disability benefits may apply, based on the degree of impairment and its effect on the person’s ability to work. 
• Death benefits may be available to surviving family members when a worker passes away as a result of a job-related injury or illness.

How Is a Workers’ Compensation Claim Filed in Fayetteville?

To initiate a claim, the injured worker must notify their employer of the injury as soon as possible. Delayed reporting may impact a person’s eligibility for benefits. The employer should then file a report with their Workers’ Compensation insurance carrier, which formally begins the claims process.

The injured employee may be required to seek treatment from an employer-approved healthcare provider. It is essential to follow all medical instructions and attend scheduled appointments. If the insurance carrier accepts the claim, benefits should be paid accordingly. However, if the claim is denied, the worker has the right to request a hearing before the Arkansas Workers’ Compensation Commission and contact our Fayetteville Workers’ Compensation lawyers. This hearing allows both sides to present evidence, and a judge will decide the outcome based on the facts and applicable laws. 

What Happens if a Claim Is Denied?

Claims may be denied for various reasons. For instance, the employer or insurer may argue that the injury did not occur on the job, that the worker failed to report the injury in a timely manner, or that there is insufficient medical evidence to support the claim. 

A denial does not mean that the case is over. With hearings, the first step is typically a pre-hearing conference, followed by a formal hearing before an administrative law judge. During this process, our legal team can gather evidence, present testimony, and respond to arguments made by the opposing side. If the judge issues an unfavorable ruling, additional appeals may be made to the full commission and, in some cases, to the Arkansas Court of Appeals.

Can I Choose My Own Doctor?

The employer or insurance company usually has the right to select the initial treating physician. If you choose to see a doctor without prior authorization, the treatment may not be covered unless it meets specific exceptions. However, if you are displeased with the authorized physician, you may request a one-time change of physician through the Arkansas Workers’ Compensation Commission.

This request must be made in writing and follow the procedures set by the commission. The second doctor is selected from an approved list unless the employer and worker agree otherwise. Continued medical care from the new physician may be covered if the request is granted. Disputes about medical treatment may also be resolved through the hearing process.

What if a Third Party Was Responsible for the Injury?

If a worker is injured due to the actions of a third party, such as a contractor, manufacturer, or driver, our Fayetteville Workers’ Compensation lawyers can help you file a personal injury claim in addition to a Workers’ Compensation claim. Workers’ Compensation typically provides limited compensation, but a third-party lawsuit may allow for additional damages, such as pain and suffering or punitive damages.

Any recovery from a third-party claim may impact the Workers’ Compensation benefits the employee receives, as there may be a requirement to reimburse the Workers’ Compensation insurer from the third-party settlement or award. These issues must be addressed carefully to avoid conflicts between claims and to determine the appropriate compensation from all liable parties.

When Should an Injured Worker Speak With a Lawyer?

While not every workplace injury will result in a dispute, there are situations in which legal representation is crucial. These include claim denials, disputes over medical treatment, questions about benefit amounts, or allegations of fraud. If the employer retaliates against the worker for filing a claim, additional legal protections may apply.

Osborne Law Firm can help with your filing process, appeals, and communication with insurance companies. We advise keeping organized records of your medical treatment, conversations with your employer, and any other documentation related to the injury and related expenses. Being prepared can help protect your worker’s position and clarify the facts of the case.

Let Our Fayetteville Workers’ Compensation Lawyers at Osborne Law Firm Fight to Protect Your Workplace Rights

From initial filings to hearings before the Arkansas Workers’ Compensation Commission, our Fayetteville Workers’ Compensation lawyers at Osborne Law Firm skillfully handle a range of cases involving job-related injuries. For a free consultation, call 479-521-7727 or contact us online. Located in Fayetteville, Arkansas, we gladly serve clients in Washington County, Benton County, Madison County, Northwest Arkansas, and the surrounding areas.