In the state of Arkansas , an on-the-job injury is not automatically reported. The responsibility of reporting the accident falls on the employee, and not the employer. After the report is made, the employer must file a claim with the workers’ compensation insurer. The insurer then chooses the doctor, who dictates treatment. If the injured worker has an issue at any point in the process, he is given a form to fill out and a waiting period in which the insurer decides if he can change treatment or doctors. In essence, the entire process depends upon diplomatic disposition of the insurance carrier and its adjusters.

An injured worker is often ill-equipped to take on the behemoth that is the insurance carrier and the employer. The physical pain and mental stress that comes with the injury often makes any fight a daunting task--one that he would rather not attempt.

Although Arkansas law states that an attorney is unnecessary, the nature of the claims process dictates that the injured workers hire an attorney immediately. A workers’ compensation attorney specializes in dealing with the complex system. His knowledge of the laws is often what the claimant needs to be able to obtain benefits, while recuperating from injury. Filing motions, discovery, and presenting the case are just some of the things that a workers’ compensation attorney can do on his client’s behalf.

The attorney can also bring legal action against any third party that might be responsible for the initial injury. This includes manufacturers of faulty equipment. He can seek punitive damages, pain and suffering, as well as attorney fees.

Consulting a workers’ compensation attorney is best not only after the initial claim is denied, but soon after the accident takes place. In Arkansas , the entire process seems to hinge on the actions of the employer and his insurer. The injured employee is often left at the mercy of the very people he must depend on for treatment. This situation frequently results in a very disappointing situation for everyone involved. An Arkansas workers’ compensation attorney can tip the scales to the benefit of the injured worker. He will ensure that the process runs smoothly, and that his client’s rights are protected in the meantime.

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