Arkansas Workers Compensation: Understanding Employee Rights & Employer Obligations
Introduction
Workplace accidents and injuries can occur at any time, and when they do, they can have a significant impact on the affected individual’s life. Fortunately, Arkansas, like most states in the US, has a workers’ compensation system that is designed to protect employees who get injured or sick while on the job. This system provides compensation to employees for medical expenses, lost wages, and other costs associated with a work-related injury or illness.
In this article, we will examine the Arkansas workers’ compensation system, including the rules and regulations that govern employee benefits and employer obligations. We will also provide an overview of how injured or ill employees can file for compensation.
What is Workers’ Compensation in Arkansas?
Workers’ compensation is an insurance program that provides benefits to employees who suffer injuries or illnesses related to their work. Arkansas law requires most employers in the state to provide workers’ compensation insurance coverage to their employees.
The Arkansas Workers’ Compensation Commission is the governmental body that administers and regulates the workers’ compensation system in the state. The commission provides benefits to eligible employees and resolves disputes between employees and employers.
Employee Eligibility for Arkansas Workers’ Compensation
To be eligible for workers’ compensation benefits in Arkansas, an injured or ill employee must meet specific requirements, including:
1. Employment Status
The employee must be a paid employee of a company that has workers’ compensation insurance coverage in place. Specifically, Arkansas workers’ compensation law requires employers with three or more employees to carry workers’ compensation insurance, with exceptions for certain types of businesses.
2. Work-Related Injury or Illness
To be eligible for workers’ compensation, the injury or illness must be work-related. The employee must have suffered the injury or illness while performing work-related duties or while on the employer’s premises.
3. Notice Requirement
Employees must notify their employer of their job-related injury or illness within 30 days of the incident. Failure to notify the employer may result in a loss of workers’ compensation benefits eligibility.
Types of Benefits Available Under Arkansas Workers’ Compensation
Eligible employees can receive several types of workers’ compensation benefits. These benefits include:
1. Medical Expenses
Workers’ compensation covers all reasonable and necessary medical expenses for the treatment of a work-related injury or illness. These may include doctor visits, hospital stays, surgery, medical tests, and prescription medications. An injured employee has the right to select their physician under Arkansas law.
2. Temporary Total Disability Benefits
If an injured or ill employee is unable to work for a temporary period due to a work-related injury or illness, they may receive temporary total disability benefits. These are weekly payments that are equal to two-thirds of the employee’s average weekly wage.
3. Permanent Partial Disability Benefits
If an employee suffers a permanent work-related injury or illness that results in a permanent partial disability, they may be eligible for permanent partial disability benefits. The amount of these benefits varies based on the nature and severity of the disability and its effect on the employee’s ability to work.
4. Temporary Partial Disability Benefits
If an employee is able to work but is unable to earn their full pre-injury wage due to medical restrictions, they may be eligible for temporary partial disability benefits. These benefits are equal to two-thirds of the difference between the employee’s pre-injury and post-injury wage.
5. Death Benefits
If an employee dies as a result of a work-related injury or illness, their dependents may be eligible for death benefits. These benefits may include funeral expenses, medical expenses, and income replacement.
Employer Obligations Under Arkansas Workers’ Compensation
Employers in Arkansas have several obligations under the state’s workers’ compensation law. These obligations include:
1. Workers’ Compensation Insurance Coverage
Employers with at least three employees must carry workers’ compensation insurance coverage in Arkansas. The policy must cover any work-related injury or illness that occurs during the course and scope of employment.
2. Notice to Employees
Employers must provide notice of their workers’ compensation coverage to all employees. The notice must include information on how to file a workers’ compensation claim, the name, and contact information of the insurer, and the procedures to follow if an employee is injured on the job.
3. Prompt Reporting of Injuries
Employers must report any work-related injury or illness promptly to the Arkansas Workers’ Compensation Commission and the employer’s workers’ compensation insurer. The report must include the date, time, place, and nature of the injury or illness.
4. Cooperation with the Workers’ Compensation Process
Employers must cooperate with their employees and the Arkansas Workers’ Compensation Commission to ensure timely and appropriate payment of workers’ compensation benefits.
Filing an Arkansas Workers’ Compensation Claim
Employees who suffer work-related injuries or illnesses must follow specific procedures to file a workers’ compensation claim. These procedures include:
1. Prompt Notification of the Employer
The employee must notify their employer of the work-related injury or illness as soon as possible but not later than 30 days after the incident.
2. Filing a Claim with the Workers’ Compensation Commission
Employees must file a claim with the Arkansas Workers’ Compensation Commission within two years of the date of the accident, injury, or onset of the illness. This claim should include all the relevant details, including the date, time, place, and nature of the injury or illness.
3. Obtaining Medical Documentation
Employees must obtain medical documentation from their physician and include it with their workers’ compensation claim. This documentation should provide details on the diagnosis, treatment plan, and expected recovery time.
4. Appealing a Denied Claim
Unfortunately, not all workers’ compensation claims are approved. In cases where a claim is denied, employees may appeal the denial by following the procedures outlined by the Arkansas Workers’ Compensation Commission.
Conclusion
Arkansas workers’ compensation law is designed to protect employees’ rights in the event of a work-related injury or illness. Employers must provide workers’ compensation insurance coverage to eligible employees, and employees must follow specific procedures to file a claim. Employees who suffer a work-related injury or illness may be eligible for various benefits, including medical expenses, lost wages, and disability benefits. Employers who fail to comply with Arkansas workers’ compensation law may face significant legal consequences.
Valuable Information on Arkansas Workers’ CompensationÂ
Arkansas Workers’ Compensation Laws
A large number of workers’ compensation laws are located under the state’s revised code on labor, but the majority of information in this article is referenced form the state’s Workers’ Compensation Commission.  If you have more questions apart from this article, you can click on the link under the WCC:
You can also obtain other valuable information about workers’ compensation insurance in Arkansas by calling the Legal Advisor Division at (800) 250-2511.
Employee Facts about Workers’ Compensation Insurance: Arkansas
If you have been injured in the workplace, it is your duty to report the injury as soon as possible. Â The employer or the insurance carrier has the right to choose the medical coverage you receive.
In order to receive medical care and other benefits under workers’ compensation insurance in Arkansas, a number of steps will have to occur:
1. The employer will have to file a report with the insurance carrier by completing a First Report of Injury or Illness.
2. The employee will then go to the doctor and the doctor will complete a thorough physical to determine if the injury was work related.
3. The employee should then all take appropriate steps under Arkansas workers’ compensation laws to receive coverage:
• complete all WC forms in time
• attend all appointments
• report any earning you receive after the injury or illness to the insurance carrier
• ask the insurance carrier for other treatment if you’re not satisfied
• return to work on the date the doctor specifies
• keep all records filed and safe for future reference
In order to receive medical and wage benefits under Arkansas workers’ compensation laws, the employee needs to receive medical care and payment within one year of the injury.  Workers’ compensation insurance in Arkansas will cover all medical expenses and supply wage loses if you are disabled for more than 14 days.
Employer Facts about Workers’ Compensation Insurance: Arkansas
Except for certain exempt professions, employers with three or more employees are required to carry insurance according to Arkansas workers’ compensation laws.  An employer may be self-insured with approval from the state.
In order for an employer to properly receive notice about an injury from an employee, they must be given written notice with (Form N).  Once the employer has been notified of the injury, the form is sent to the insurance representative who will then report the injury to the state.  Additionally forms may be necessary as well under Arkansas workers’ compensation laws.
For example, if the benefits under workers’ compensation insurance in Arkansas are delayed or halted, the employer may have to submit a Wage statement (Form W) to the insurance representative and/or a Supplemental Report (Form S) for any status change in the employee’s condition.
If an employer does not carry workers’ compensation insurance in Arkansas, they can receive heavy fines and severe penalties.  For more information on information employers should know, visit the link.
