Most employers in Arkansas with three or more employees are required by law to have workers’ compensation insurance coverage, although there are some exceptions to this general rule.
Even though Arkansas workers’ compensation law protects you, getting the benefits rightfully yours can be challenging.
Having an experienced and knowledgeable workers’ compensation attorney guide and assist you through the process is crucial.
At the Cottrell Law Office, it is our job to ensure you are treated fairly and your claim is processed as it should be.
Workers’ comp is here to protect you, and we are here to make sure it does.
Common Types of Workers’ Comp Accidents
Workplace accidents occur daily in just about every industry. Most of the time, they happen when you least expect them.
Some of the most common workplace accidents include:
- Construction mishaps,
- Motor vehicle crashes,
- Slip and falls,
- Overexertion injuries,
- Exposure to toxic chemicals, and
- Repetitive use injuries.
These types of accidents can result in a plethora of injuries. Many injuries are instantly evident after the accident. But some injuries are slow burning and develop over time.
Either way, your injury—if it occurred at work or resulted from your work—is likely compensable under Arkansas workers’ compensation law.
Let’s take a closer look at conditions covered under workers comp in Arkansas.
Medical Conditions Covered by Workers’ Comp
Under Arkansas workers’ compensation law, almost any type of injury that occurs during employment is supposed to be eligible for workers’ compensation benefits.
Workers’ comp is no-fault insurance. This means that injured employees are not required to prove negligence or fault to be eligible to collect workers’ compensation benefits.
Importantly, even if a worker’s actions contributed to their injury, they may still be able to collect benefits.
Some of the most common workplace injuries that are covered under workers’ compensation include:
- back and neck injuries,
- knee injuries,
- shoulder injuries,
- repetitive motion and overuse injuries,
- broken bones,
- crush injuries, and
- head injuries.
Most physical injuries are covered. However, there are some conditions not covered under workers comp in Arkansas.
Injuries or Illnesses Generally Not Covered or Requiring More Proof
The most common scenario of non-covered injuries are ones willfully caused by the employee.
For instance, if a worker engages in a physical altercation with another employee or becomes injured due to intoxication.
The Arkansas legislature further specifies types of injuries that are not covered or ones in which there is a higher burden to meet.
Many mental injuries or illnesses are not compensable. A mental injury is not compensable unless caused by physical injury to the employee’s body.
A mental injury is not considered to arise out of or during the course of employment unless a preponderance of the evidence can demonstrate it.
Generally, anxiety or panic attacks are not compensable.
However, it may be covered if you are a victim of a violent crime at work and later suffer anxiety, flashbacks, or PTSD.
Heart or Lung Illness
A heart or lung injury, illness, or death is compensable only in relation to other factors contributing to the physical harm and the accident is the primary cause of the physical damage.
Rapid Repetitive Motion Injury
Repetitive motion injuries, also referred to as repetitive strain injuries (RSI), describe the pain and inflammation in tendons, muscles, and nerves.
The pain and inflammation are the results of overuse or repetitive motion. A typical example is carpal tunnel syndrome.
Employees must meet a higher standard of proof that their injury results from rapid and repetitive motion.
To qualify for benefits, you must prove that over 50% of the injury happened at work.
Do I Need an Attorney to File an Arkansas Workers’ Compensation Claim?
Workers’ Comp insurance carriers are not quick to hand out money. Remember, they are insurance companies that are in the business of making money.
They investigate claims rigorously and look for even little reasons to deny or delay a claim. It is best to have a knowledgeable workers’ comp lawyer advocating for you.
Our team can help alleviate the stress of the application process for you.
Arkansas Workers’ Compensation Attorney
We understand what a trying time in your life this may be. Let us use our 32 years of experience to assist you through this process.
Contact our office to schedule a free, confidential consultation today.