In Arkansas, if you are injured as a direct result of your job, you may need to file a claim for workers’ compensation.
However, there are important deadlines you must meet to be eligible for workers’ comp.
These deadlines include a statute of limitations, which governs how long you have to file a claim for workers’ comp after you have been injured.
This post will examine the fundamental aspects of workers’ compensation and address important deadlines you must meet to remain eligible.
However, if you have filed or are considering filing a claim for workers’ compensation, you should reach out to a workers’ compensation attorney as soon as possible to help guide you through the process.
What Is Workers’ Compensation?
Before we dive into what the statute of limitations for a workers’ comp claim is, it is important to know what workers’ comp is and how it works.
Workers’ compensation, otherwise known as workers’ comp, is a form of insurance that is usually paid for by your employer.
An employer’s workers’ comp policy is tasked with covering medical expenses and paying the employee certain benefits until they are able to return to work.
In Arkansas, the workers’ comp law was enacted in 1939 to guarantee employees quick benefits if they were injured on the job.
Further, in Arkansas, workers’ comp claims are established on a no-fault basis, meaning that you do not have to show that your employer was at fault to be entitled to compensation for your injury.
In general, all you have to show is that you were injured as a direct result of your employment.
What Are Some Common Workers’ Compensation Injuries?
Workplace injuries happen every day. In fact, in 2020 alone, private industry employers reported about 2.7 million workplace injuries and illnesses. Some of the most common injuries reported included the following.
Lacerations
Lacerations are deep cuts to the skin or flesh. Lacerations can occur if the proper safety gear is not worn, if the employee is rushing to finish a job, or from working with sharp objects.
Sprains and Strains
A sprain is the stretching or tearing of the ligaments while a strain is an injury to the muscle or tendon.
Both can be painful and inhibit movement of the injured body part. Sprains and strains can happen at work, especially at labor-intensive jobs.
Often, these types of injuries occur when an employee is lifting a heavy object. Employers should take extra safety precautions when they require their employees to do heavy lifting.
Burns
Burns can be caused by electricity, heat, steam, sunlight, and sometimes radiation.
Burn injuries are common in restaurants and other jobs that require manual labor around heat sources. Employers should attempt to provide their employees with proper training around heat sources.
Cumulative Traumas
Cumulative traumas are a bit different from the other types of injuries listed here. These injuries are incurred through continuous and repetitive movement of a body part, muscle, joint, or tendon.
They are often seen in employees who have had long careers in manual labor jobs.
If you have suffered one of the above or another type of injury at work, you should consult with a workers’ compensation attorney immediately.
Workers’ Comp Statute of Limitations in Arkansas
Now that you know a little more about workers’ compensation and the types of injuries that often lead to a claim, it is important to know about the statute of limitations that governs the amount of time you have to file a claim.
In Arkansas, you have two years from the day of the injury to file a claim for workers’ compensation.
However, there are some exceptions to the Arkansas statute of limitations for workers’ comp claims. For instance, if the claim is on account of silicosis or asbestosis, you have one year after the disability appears to file a claim.
How Can Cottrell Law Office Help?
At Cottrell Law Office, we have years of experience dealing with workers’ compensation claims.
If you have been injured on the job in Arkansas, we can help you recover the compensation and benefits that you may be entitled to.
To contact our office, you can reach out to us online or call us at 855-503-8140.
Wesley Cottrell
Wes Cottrell earned his B.A. from Pittsburg State University in 1981 and his J.D. from the Washburn University School of Law in Topeka, Kansas in 1985. He was admitted to practice law in Kansas in 1986, in Missouri in 1987, in Arkansas in 1989, and Oklahoma in 1993. He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
Rate this Post
Loading...