In our last blog post, titled “The Social Security Application Process and Why is it Taking So Long?” we discussed the obvious delays in reviewing applications for social security disability benefits.  At the time of that blog post, the national average to review an initial application was 233 days or almost 8 months.  We also discussed the reasons for these delays including a backlog in cases after the COVID-19 pandemic, lack of funding, and a lack of personnel. On December 20, 2023 Martin J. O’Malley was sworn in as the new Commissioner of the Social Security Administration.  ..read more

How Much Does a Workers Compensation Lawyer Cost? In Arkansas, the attorney fees for injured workers are set by statute and therefore every attorney in Arkansas charges the same rate. Attorney fees for injured workers in Arkansas are generally 25% of your recovery.  That means that if there is no recovery, then there is no fee owed.  Also, if the employer/workers’ compensation carrier disputes your claim, they must pay one half of the fee. Ark. Code Ann. §11-9-715(a)(1)(A) specifically states: Attorney’s fees shall be twenty-five percent (25%) of compensation for indemnity benefits p ..read more

Short answer:  Not in Arkansas. Long answer:  In Arkansas, workers’ compensation benefits are what we call an exclusive remedy.  That means if you get hurt on the job and receive workers’ compensation benefits, that’s what you get from your employer. Period. At first glance it seems unfair that you can’t sue your employer for negligence if your injury was caused by an unsafe practice or reckless situation at work. However, it’s a two way street. If your work injury was caused by your own negligence or failure to take proper precautions, it is still covered by workers’ compensati ..read more

We try to keep these posts focused on our practice areas, but this one will be a bit different.  I was recently interviewed by Zuza Kosteka for her podcast, “Law Bound.”  I spoke with Zuza about my law school experience, being an Arkansas attorney, and how I wound up here at Martin Law Firm in Fayetteville representing injured and disabled individuals. Listen or watch here: Spotify Youtube As always, if you have any questions about Social Security disability, workers’ compensation, or a wreck you’ve been in, please don’t hesitate to reach out to us. Consultations are free, and we are ..read more

The United States Federal Government has two programs that provide monetary assistance to disabled individuals:  Social Security Disability Insurance (also known as SSDI or Title II benefits) and Supplemental Security Income (also known as SSI or Title XVI benefits). How we prove that an adult is disabled is the same for both programs (more on that in another blog post, I promise).  However, a person may quality for one or both programs. Title II Social Security Disability Insurance (SSDI) is based on what you pay in while you are working.  This is a bit oversimplified, but SSDI ..read more

It’s safe to assume my answer to this question is a firm “NO,” but I think I should explain why. Reddit has a pretty famous subreddit called /r/AskALawyer.  You might be able to find some helpful tidbits there, but if you’ve been hurt at work in Arkansas, that’s not the best place to get legal advice.  Workers’ compensation is not a standard, nation-wide system.  Rather, it is different from state to state, and the laws, rules, and regulations can be incredibly different.  A person who sustains an injury in “State A” might receive a greater amount in money and other benefit ..read more

It is difficult to say what a fair workers compensation settlement would be in Arkansas because there are several factors to consider. Medical Benefits To begin the process, you need to be aware of the benefits provided under the Arkansas Workers Compensation.  Generally, if you have a claim in Arkansas you are entitled to medical treatment for your compensable injury.  In addition to medical treatment, you are entitled to mileage to and from your doctor’s appointments.  Also, the Arkansas Workers Compensation rules provide a fee schedule for treatment.  So, much like any o ..read more

The novel coronavirus that causes COVID-19 is not only potentially deadly, but can be transmitted by individuals who are not showing any symptoms, so people might fear that they’ve contracted the illness even if they feel fine. While the virus has existed in the United States for months, obtaining a test is still difficult in many areas and getting the results can take several days. It’s understandable that a person who believes he or she was exposed to coronavirus might suffer significant emotional harm regardless of what the test result eventually shows. As more Americans are afflicted with ..read more

The COVID-19 pandemic has opened up a whole new avenue of potential workers’ compensation claims. If you believe you were exposed to coronavirus and caught the virus while on the job, then you might be able to collect workers’ compensation benefits. As we’re still in the early stages of this healthcare crisis, pinning down exactly where and how someone contracted the illness could be complicated. However, with the high expenses associated with respiratory care and a condition that could keep you from working for weeks or months, it’s worthwhile to explore your options. Facts that could have a ..read more

If you have been injured on the job, then your employer will normally send you to a doctor of their choice.  Under Arkansas Statute 11-9-514, if the employer selects the initial physician, the injured employee then has the right to petition the commission one time for a “change of physician.”  What this means is that if you are an employee who is injured on the job and the employer selects the first physician, you have the right to change doctor’s – once.  To file a petition you will need the name and address of the employer selected physician and the name an ..read more