Most employees in Arkansas should be aware of their employer’s workers’ compensation cover in case they are injured or become ill at work. Arkansas workers’ comp. law ensures that the majority of employers are required to have insurance to protect their workers and themselves from expensive litigation. Not all workers comp. claims are honored. Some may be denied for a variety of reasons. This doesn’t necessarily mean that you won’t obtain compensation, but it may mean making an appeal with the help of a workers’ comp attorney. Workers' Compensation Law in Arkansas The state agency that deals with workers’ compensation claims is the Arkansas Workers’ Compensation Commission. The Commission oversees employers’ insurance coverage and deals with appeals if your claim has been denied by your employer’s insurer. If you are injured or suffer from a workplace injury you should first of all let your employer know through your supervisor. Your employer should then advise its insurance carrier, as well as the Arkansas Workers’ Compensation Commission. Insurance should compensate all medical costs which are related directly to a workplace injury or illness. Your employer or the insurer may decide which medical facility deals with your treatment, although there is a potential to change your doctor if you are unsatisfied with the one you have been allocated. You may also be compensated for lost earnings. This may not start until after the first week of absence unless you are unable to return to work for more than two weeks. Compensation is calculated at two thirds of average earnings. Why Your Claim Could be Denied Your Arkansas workers' comp claim may be denied by your employer’s insurer for a number of different reasons. One common reason for a denial is that the injury or illness was not notified to the employer in time. Another common reason for a denial is a simple administrative mistake. This could happen when someone at your place of employment gets a date wrong and there is a misunderstanding about whether you were at work when you say you were injured. Claims may be denied because it has been alleged that your injury or illness was not work related or was pre-existing. Insurers may also claim that you did not take notice of your employer’s safety equipment or procedures or even that you were intoxicated. If these claims are not true, then you have the right to appeal the decision. The Arkansas Workers' Compensation Appeals Process If your employer’s insurer has denied you workers’ compensation, or the amount seems insufficient, you should submit your claim to the Arkansas Workers’ Compensation Commission. The Commission will assign an Administrative Law Judge to hear your claim and the insurer’s reasons for denying compensation. You must notify the Commission within two years of an injury and one year of a workplace illness. You will have a chance to make your case heard at a hearing. Your employer’s insurer will also have a representative at the hearing to present their side of the story. It may help to have documentation which proves that you were genuinely at work when the accident happened or when you became ill. Medical reports and doctor’s comments may be useful as are all receipts showing just how much the injury or illness has cost you. An experienced workers’ comp. attorney can provide advice about your rights under Arkansas law and help to represent you at the hearing. If you still disagree with the ALJ’s decision you can submit an appeal. The appeal hearing will be heard by a panel of judges appointed by the Commission. Why a Workers' Compensation Attorney May be of Help If your employer’s insurance company refuses to pay compensation or only awards a less than satisfactory amount you will be forced to seek a more favorable decision from the Workers’ Compensation Commission. It will help your case if you are well prepared and provide any information that might convince the judge that you deserve compensation according to state law. An experienced workers’ compensation attorney will know the law and can advise you what evidence you need to provide before going to the first hearing and, if necessary, to an appeal.
