Arkansas Worker Injury Claims: Workers Comp Denial and Appeal

Employers with three or more employees must provide workers compensation coverage to their employees by purchasing workers compensation insurance. Employers do not have to purchase workers compensation insurance for domestic workers in private residences, employees hired to do maintenance, repair or remodeling in private homes, or agricultural workers. Volunteers and newspaper or magazine sales people are also not covered under worker’s compensation protection laws.

Work Related Injuries

Covered injuries include accidental injuries that cause harm to a part of the body or a prosthetic appliance, including eyeglasses, contacts, hearing aids or prosthetic limbs. An injury is defined as accidental if it is caused by a specific incident or event that has a unique time, place and occurrence.

Injuries that are not caused by a specific incident may also be covered if the injury is caused by repetitive muscle stress, such as carpal tunnel, or if the injury is a back injury, neck injury, or loss of hearing. Work related diseases and mental illness might also be covered under certain circumstances if there is a strong connection between the mental or physical illness and the work environment.

Injuries that result from assaults that happen at work as a result of non-work related hostility, injuries that occur at work while performing recreational activity, injuries that occur while not performing job related services, or injuries that occur while intoxicated are not covered.

Filing an Arkansas Workers Compensation Claim

When an employee is injured, the employee must complete a First Report of Injury or Illness and give this report to his employer. The report should be filed immediately after the injury occurs or is known, unless the employee requires immediate medical care and it is outside of normal business hours. If immediate medical care is required, the employee should notify his or her employer the next business day. Failure to notify will not bar workers compensation recovery if the employer had knowledge of the injury or illness.

The employer or employer’s insurer will give the injured employee a list of doctors to choose from. The employee must visit the assigned doctor to have his injuries documented for worker’s compensation claims. Medical records and reports must be submitted to the insurer with workers compensation claim.

Workers Comp Claim Denials

Claims may be denied if they are filed in an untimely manner, if the paperwork is not properly completed, if an approved physician did not complete the notice of injury, or if the injury did not arise out and at work.

Appealing an Arkansas Workers Compensation Denial

Appeals must be filed with the Adjudication Division o the Arizona Workers’ Compensation Commission. The Division consists of 13 administrative law judges divided into six geographic districts. Prior to a hearing in front of an administrative law judge, a preliminary conference will be held to provide an opportunity to confer with a legal advisor and/or to provide an opportunity to settle the claim.

If a settlement is not reached at the preliminary conference, an administrative law judge will conduct a hearing on a claim. Injured employees must receive at least ten days notice of when the hearing will be held. The Workers’ Compensation Commission is entitled to conduct necessary investigation, including requesting injured employees submit to additional medical examination.

Collecting Arkansas Workers Compensation Benefits

Workers compensation covers approved medical expenses related to an injury sustained on the job for up to two years after the injury occurred. Some medical expenses must be pre-approved and you must get permission before changing doctors.

If you miss at least seven days of work, you may become eligible to receive lost wages beginning form the eighth day on. If you are unable to work for more then 14 days, you may also receive benefits for the first seven days of missed work. Temporary and permanent disability benefits are also payable for injure workers. These benefits are based upon a percentage of your wages.

Death benefits and burial expenses are paid to dependents including widows and children. The widow or child must prove actual dependence on the lost wages of the deceased worker to obtain payment for lost wages.

Hiring an Arkansas Workers Compensation Lawyer

Workers compensation lawyers can help at all stages of the process. The Workers Compensation Commission recommends hiring an attorney for preliminary conferences and claims hearings to help you understand the workers compensation laws and build evidence to support your claim.

Arkansas Workers Compensation Office Locations

State of Arkansas Workers' Compensation Commission
324 Spring Street
P.O. Box 950
Little Rock, Arkansas 72203-0950
1-501-682-3930 / 1-800-622-4472

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