What Is Workers’ Compensation Insurance in Arkansas?

Workers’ compensation insurance covers all workplace accidents and injuries to employees. Unlike personal injury claims, injured employees do not have to prove negligence, and collecting compensation is often quick. In addition, even if the workplace accident was due to employee negligence or error, they are also eligible to collect benefits, unless the accident was deliberate or willful.

Employers provide this insurance coverage to protect themselves from liability and personal injury lawsuits. When an employee is covered by workers’ compensation insurance, they are not allowed to file a lawsuit against their employer. In this way, workers’ compensation laws benefit both the employer and the employee.

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What Does Workers’ Compensation Insurance Cover?

It is important to know, however, that workers’ compensation insurance doesn’t cover everything. In fact, one common misconception about workers’ compensation claims in Arkansas is that just because your employer has workers’ comp insurance, you’ll be completely covered in the event of a workplace injury. That’s simply not the case.

We speak to injured workers all the time who were surprised to discover that their workers’ compensation claim doesn’t come close to covering the true cost of their accident, which is why they turn to us.

Workers’ compensation insurance covers:

• Medical benefits – This includes current medical bills, as well as those in the future for your injury. There is a medical expense cap of $10,000. Some of the expenses that are covered include:
  • Doctor’s bills
  • Lab test costs
  • Hospitalizations
  • Medication costs
  • Medical equipment
  • Diagnostic testing costs
•  Mental injury benefits – Some mental injuries are covered by Arkansas workers’ compensation laws. It is important to speak with a workers’ compensation attorney if you believe you have suffered a mental injury due to work. Your lawyer must clearly establish that this injury arose strictly because of the injury you suffered at work.
• Rehabilitation service benefits – Some physical rehabilitation or vocational rehabilitation may be covered.
• Lost wages –
  • Temporary total disability benefits – When you miss work due to a work-related injury, you are eligible to receive two-thirds of your average weekly wages over the past 52 weeks. This does not fully make up for the loss of your paycheck, however. As such, injured workers may need additional money to make ends meet.
  • Permanent partial disability benefits – If your injury results in permanent impairment, then you may be eligible to receive benefits even after you’ve returned to work. The amount of money and length of time you will receive these benefits is pre-determined and established by law.
  • Permanent and total disability – If you are permanently disabled and unable to work again, you may be entitled to disability payments for 450 weeks of additional payments.
• Funeral or end-of-life costs – If your work injury resulted in death, your family would be able to collect money to help pay for funeral expenses, as well as end-of-life costs.

Not Covered by Workers’ Compensation Laws in Arkansas

There are some workplace accidents that are not covered by workers’ compensation laws.

• Drugs and alcohol – In Arkansas, if you were under the influence of alcohol or drugs at the time of the accident, you would not be eligible to collect workers’ compensation benefits.
• Fighting – If you were injured in a physical fight with another employee, you would not be able to collect workers’ compensation benefits.
• Horseplay or recreation – Any injuries suffered as a result of horseplay at work or recreational activities at work will not be covered by workers’ compensation.
• Intentional – If you intentionally injured yourself while at work, then you would not be able to collect workers’ compensation benefits.
• Emotional injuries alone – Arkansas workers’ compensation typically doesn’t cover the costs of emotional injuries that exist without the presence of a physical injury. For example, if someone suffered a horrific, disfiguring accident at work and developed severe depression or PTSD, their therapy and psychological treatment would likely be covered under workers’ compensation laws. However, if someone suffers from depression and anxiety because they have a stressful job, this would not be covered.
• Heart-related injury – Few heart-related injuries are covered by Arkansas workers’ compensation law. There are some exceptions to this rule, however. If your attorney can prove that the heart-related injury was the direct result of an accident that occurred at work, you may be eligible for benefits.