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  1. #1
    Join Date
    Mar 2009
    Posts
    2

    Default Company Will Not File a Workers Comp Claim

    My question involves workers compensation law for the state of: Arkansas
    I am contracted to work with the Army National Guard in Arkansas (where I live) but the company I work for is in Texas. I fell on Feb. 26 as I was coming inside to clock in. I do not have to clock in for my company but for the Army. When I fell, I landed on my left hip. When I got up I could not hardly walk. I came inside and notified my supervisors at the Army after I clocked in and waited for the company I work for to open so I could contact them. The Army Doctor that I work with came over and looked at me and said that I had knocked my pelvis out of whack. My employer told me to go to the ER but that it would probably not be covered under worker's comp since I was not clocked in when it happened. I have copies of a case in AR that was overturned to the favor of the employee with the same incident. This case was never turned into Worker's comp by my employer and I'm thinking I need to get a lawyer to send it in. What do you think?? Do I have a case or not??? Thanks for your responses.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Company Will Not File Claim

    What's the issue here? You hurt yourself, went to the hospital, got treated, and then what?

    Are you claiming an ongoing disability or inability to work? (You need to miss seven days of work before you're eligible for worker's comp wage loss benefits in Arkansas, and are paid for those seven days only if your total disability is fourteen days or more; the days missed don't have to be consecutive.)

    Is the hospital pursuing you for an unpaid bill, or did your employer pay the bill?

    I'm not suggesting that your employer shouldn't report a work-related injury; I suspect they're concerned about their insurance rates. But what consequence are you suffering as a result of their choice not to submit the claim?

    You don't need a lawyer if the issue is simply the failure of your employer to file the report of injury. You can call the state's Legal Advisor service, 1-800-250-2511.

  3. #3
    Join Date
    Mar 2009
    Posts
    2

    Default Re: Company Will Not File Claim

    I was off work 2 days after going to the hospital but had to go back because I cannot afford to be off. I have been going to a chiropractor and therapy for 3 weeks and now they want to do an MRI. I need help paying for all of this. My insurance has a $3000 deductible and does not cover spinal manipulation. I am doing some better but would have gotten better sooner if I had not had to return to work so soon.

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