Washington County Workers’ Compensation Lawyers

Workers’ Compensation is a system designed to provide financial support to employees who suffer injuries or illnesses due to their work. It can cover medical expenses, lost wages, and other related costs. However, even though this system exists to provide support, many workers face difficulties when trying to access these benefits. That is where the Washington County Workers’ Compensation lawyers at Osborne Law Firm can make a significant difference.

Without proper legal guidance, you may encounter challenges, including claim denials or delays in receiving benefits. If you are dealing with such issues or need help navigating the Workers’ Compensation process, we can explain your rights and fight to pursue a fair resolution.

What Is Workers’ Compensation?

Workers’ Compensation is a state-mandated program that provides benefits to employees who sustain injuries or illnesses while on the job. These benefits typically cover medical treatment, rehabilitation, disability, and a portion of lost wages. In exchange for these benefits, employees generally give up their right to sue their employer for negligence in most circumstances. 

How Do I Know if I Am Eligible for Workers’ Compensation Benefits?

Most Arkansas employers with at least three employees must have Workers’ Compensation insurance, according to state laws. Employees do not purchase this coverage and it should not be deducted from their pay, either. Companies that do not follow these laws may be subject to penalties.

To be eligible for Workers’ Compensation, you must meet certain criteria. Typically, Workers’ Compensation benefits are available to employees who suffer injuries or develop illnesses while performing work-related duties. This includes physical injuries, repetitive stress injuries, or illnesses caused by exposure to harmful substances at the workplace. Employees who are classified as independent contractors, volunteers, or temporary workers may not be eligible for Workers’ Compensation benefits, though the specifics depend on state laws and the terms of the worker’s contract. In many cases, if an employee is injured while performing job duties, they are likely entitled to Workers’ Compensation benefits, but certain exceptions may apply.

Our Washington County Workers’ Compensation lawyers can evaluate your specific situation and provide guidance on your eligibility. If there is any uncertainty about your case, we can offer a professional assessment to clarify whether you are entitled to benefits under state law.

How Do I File a Workers’ Compensation Claim?

Filing a Workers’ Compensation claim involves a series of steps, and any misstep can delay the process or lead to claim denial. 

The first step is reporting your injury or illness to your employer. This should be done as soon as possible after the incident, to comply with reporting deadlines. After reporting your injury, your employer will provide you with the necessary paperwork to initiate the claim. Depending on the state where you live, you may need to file the claim with the state Workers’ Compensation board or with an insurance company handling claims for your employer. Once your claim is submitted, it will be reviewed by the insurance provider or the state agency responsible for Workers’ Compensation in your area.

Can I Receive Workers’ Compensation Benefits for a Repetitive Stress Injury?

Yes, Workers’ Compensation can cover Repetitive Stress Injuries (RSIs) that result from consistent motions or physical strain in the workplace. These injuries, such as carpal tunnel syndrome or tendonitis, often develop over time due to repetitive tasks. However, as with all of these claims, you must prove that your injury is work-related. This can involve providing medical documentation and evidence linking your job duties to the development of the injury. It is important to report the injury to your employer as soon as symptoms appear and seek medical treatment promptly.

What Happens if My Workers’ Compensation Claim Is Denied?

There are several reasons why a Workers’ Compensation claim may be denied. Examples include a lack of sufficient medical evidence, failure to file the claim on time, or disputes over whether the injury occurred while performing job duties. If your claim is denied, you have the right to appeal the decision.

The appeal process can be difficult to manage without legal assistance. A Washington County Workers’ Compensation lawyer can help you prepare your appeal, gather new evidence if necessary, and represent you during hearings. Our team can also advise you on how to approach negotiations if the initial claim denial was based on a misunderstanding or incomplete information.

How Much Will I Receive in Workers’ Compensation Benefits?

Workers’ Compensation benefits are generally intended to cover a portion of your lost wages and the cost of medical care related to your injury. The amount you may receive in Workers’ Compensation benefits depends on several factors, including the severity of your injury, your medical treatment costs, and the wages you were earning before the injury occurred. In most cases, benefits are calculated as a percentage of your average weekly wage, up to a specified maximum amount. The amount of coverage also reflects your location and the nature of your work. If your injury results in a permanent disability, you may be entitled to long-term benefits.

A Washington County Workers’ Compensation lawyer can explain how these benefits are calculated and whether you are receiving the full amount to which you are entitled. We can also help if you believe the benefits offered do not adequately address the extent of your injury or the impact it has had on your life.

Can I Sue My Employer for a Work-Related Injury?

In most cases, Workers’ Compensation benefits are the exclusive remedy for employees who are injured at work. This means that employees cannot sue their employer for a work-related injury, as Workers’ Compensation benefits are meant to cover medical expenses and lost wages. However, there are exceptions. If your injury was caused by gross negligence or if your employer intentionally caused harm, you may be able to pursue a separate legal claim against them. Additionally, if a third party (such as a subcontractor or equipment manufacturer) was responsible for the injury, you may be able to pursue a personal injury lawsuit against that third party.

Let the Washington County Workers’ Compensation Lawyers at Osborne Law Firm Fight to Protect Your Rights

If you suffered a work-related injury or illness, the guidance of our experienced Washington County Workers’ Compensation lawyers at Osborne Law Firm can be invaluable. We are committed to helping employees understand their rights and receive the compensation they deserve. For a free consultation, call us at 479-521-7727 or submit our online form. Located in Fayetteville, Arkansas, we gladly serve clients in Fayetteville, Arkansas, and the surrounding areas.