Claims Kit

Physician Selection Ark. Code Ann. 11-9-508,

Employers or their insurance representatives have the right to choose doctor(s) to treat injured workers, but notice of these choices must be given to employees. If the employer's representative has a managed care organization (MCO) for work-related injuries, a health notice (Form H) must be posted at the business. MCO regulations are found in Rule 33.

If the employer fails to provide the medical services within a reasonable time after knowledge of the injury, the Workers' Compensation Commission may direct that the injured employee obtain the medical service at the expense of the employer, and any emergency treatment afforded the injured employee will be at the expense of the employer.

Change of Physician

The injured employee has the right to petition the commission for a one-time only change of physician to one who is associated with a managed care entity certified by the commission or is the regular treating physician of the employee who maintains the employee's medical records and with whom the employee has a bona fide doctor-patient relationship demonstrated by a history of regular treatment prior to the onset of the compensable injury, but only if the primary care physician agrees to refer the employee to a certified managed care entity for any specialized treatment, including physical therapy, and only if such primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by the managed care entity initially chosen by the employer.

Penalties for Late Reporting Ark. Code Ann. 11-9-529

Any employer who after notice refuses to send any report required is subject to a civil penalty in an amount up to five hundred dollars ($500) for each refusal.

Posting Requirements Ark. Code Ann 11-9-407 and Rule 7

All employers with current coverage must have a poster of instructions (Form P) ( Form P (spanish)) on display in the workplace. Employers may lose some of the protection provided them if they fail to post these directions.

Employers or their insurance representatives have the right to choose doctor(s) to treat injured workers, but notice of these choices must be given to employees. If the employer's representative has a managed care organization (MCO) for work-related injuries, a health notice (Form H) must be posted at the business.

Reporting of Claim by Employer Ark. Code Ann. 11-9-529, Rule 099.08

Employers must report injuries involving either more than 7 days of lost time or indemnity payments on Form 1 within 10 days. Also, a Form 1 is required for all controversions including a medical-only case. Self-insured employers file Form 1 with the AWCC; other employers send it to their insurance representatives, who, in turn, reports to the state for the employer.

The employer is required by law to give notice (Form N) to workers reporting injuries informing them of their rights and responsibilities. Ark. Code Ann. 11-9-514(c)(1)