Employer refuses to file my claim...

by Michelle
(Wasilla, AK)

I was injured on the job. My employer says that workers compensation will not cover my injuries as I was not performing duties within the scope of my job when the injury happened.

Isn't an employer required to file the claim for workers comp regardless, and the adjuster makes this determination? What can I do to get my employer to file the claim on my behalf? Should I be reporting this refusal to anyone? Thank you.

Visitor Question:
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ANSWER for "Employer refuses to file my claim...":

Michelle (Wasilla, AK):

You're right. It's not up to your employer to decide whether or not you were injured while performing your job duties. It's up to the Arkansas State Workers' Compensation Board. If you were injured on the job you have a right to workers' comp benefits.

Don't accept your employer's decision. Instead, go directly to the Arkansas State Workers' Compensation Board and file your own claim. You can do this by accessing the Arkansas State Board's website here. You can also contact the Board directly at:

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

In addition, the Board has a special "hotline" dedicated to providing you with legal advice concerning your claim. To reach the Board's Legal Advisor call 800-250-2511.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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