Note: Jenna’s story is a fictional scenario presented to help illustrate why someone would benefit from the help of a lawyer for a workers’ compensation claim.
Introduction
To answer this question, let’s first define what workers’ compensation insurance is. “Workers’ comp” or “workman’s comp” ensures that employees who are injured on the job or contract an illness as a result of their work-related duties receive compensation for expenses like lost wages and medical bills. Most Arkansas employers with three or more employees are required to carry this coverage.
What should I do if I was injured or got sick because of my job?
There is a process to receiving these benefits. This includes:
1. Reporting the incident to the employer
2. Filing a claim within two years of the injury
3. Completing forms and mailing them to the Arkansas Workers’ Compensation Commission
Workers’ compensation cases can be complicated. To give you an idea of their complexity, the AWCC currently has 41 rules covering this topic. For this reason, there are attorneys who specialize in this area of law.
These attorneys can help you throughout the process. They can:
- Advise you of your rights and options according to state laws.
- Abide by the statute of limitations, or deadline, for required paperwork.
- File a claim, ensuring all necessary documents are completed and submitted properly.
- Protect your rights, ensuring that you receive the compensation you are entitled to and are not penalized or treated unfairly for filing a claim.
- Manage the ongoing aspects of the claim, such as dealing with the insurance company and/or employer.
- Fight for you if your employer/the insurance company tries to deny or dispute your claim. This includes the appeals process, which may involve hearings.
- Help you gather evidence to support your claim, such as medical records, pictures of the incident, witness statements, expert opinions, and proof that you were hurt or sick because of your job.
- Negotiate settlements, which may involve mediation or arbitration (alternative resolutions to resolve a dispute).
- Represent you in court if you and the other party’s attempt to negotiate a settlement fails.
Lawyers also make the process easier for people who want to focus on their recovery. When you’re in pain and physically uncomfortable, it can be difficult to deal with the ins and outs of workers’ compensation laws.
Attorneys make sure injured or ill workers receive the compensation they deserve so they can heal and have their financial needs taken care of.
What types of injuries or illnesses does this insurance cover?
It is important to note that in workers’ compensation cases, no one has to be at fault for the employee to receive coverage. The injury or illness just has to be work-related, meaning that the duties of your job were the main cause of your injury or illness.
People may seek compensation for any of the following, and this list does not include every injury or illness workers’ comp insurance covers:
- Burns
- Sprains
- Frostbite
- Fractures
- Hearing loss
- A slip, trip, or fall
- Carpal-tunnel syndrome
- Repetitive strain injuries (RSIs)
- Exposure to harmful substances
- Lacerations and puncture wounds
- COVID-19 and other occupational diseases
- Back injuries
- Repetitive motion injuries
- Lifting injuries
- Shoulder injuries
- Rotator cuff tear
- Cervical injury
- Lumbar injury
Accidents that occur at work but outside of company time or outside the scope of employment are not covered. Also, injuries or illnesses that occur at work while the employee ignored safety rules, violated policies, or engaged in illegal activity are not covered.
Employees are also not eligible for benefits if there was intent to harm themselves or another person. If the employer is arguing that any of these were the case, and they weren’t, you may need a lawyer to prove otherwise.
Jenna’s story
Jenna works as an X-ray technician at a hospital where she was exposed to toxic levels of radiation. Although she took all the safety precautions necessary, per her training, she still developed a disability due to it. It caused her to miss many shifts and schedule expensive appointments with her doctor.
Jenna’s injury was work-related, and because she did everything she could to avoid the injury and still suffered financial damages from it, she was covered under workers’ compensation insurance.
Jenna filed a claim on time and correctly completed all the requested documents. She got a call from her employer saying the claim was denied because she knew what she was signing up for when she decided to work at a hospital, and it’s her responsibility to accept the risks.
Even though Jenna knew working at a hospital came with the potential risk of hazardous exposure, she still suffered from a job-related incident that wasn’t her fault. This resulted in lost wages and medical bills. She knew her employer had workers’ compensation insurance, so she got a lawyer to argue that she’s entitled to those benefits.
Her lawyer helped her win her case by proving that her disability was a direct result of her fulfilling her job duties at the hospital. Jenna received a good chunk of money to recover the damages.
Conclusion
Workers’ compensation claims can be difficult to win on your own, especially when you are injured or ill. Here at The Law Offices of Craig L. Cook, we believe in fair compensation. This is why we are here to help!
We handle workers’ compensation cases, and we have over 40 years of combined experience fighting for our clients in Arkansas. You can book a free consultation with us today to ask questions about your case and figure out your next steps.
We understand being sick or hurt is the last thing working people need. This is where we step in to take over the legal aspect while you focus on getting better. Contact us today to start the process of receiving benefits!
