Workers Compensation Instructions To Employers And Employees {AR-P}

Form A R-P Ark. Code Ann. §11-9-403, 407 AWCC Rule7 Updated: 06-16-14 ARKANSAS WORKERS' COMPENSATION COMMISSION 324 Spring Street, Little Rock, AR 72201 Mail: P. O. Box 950, Little Rock, AR 72203-0950 Little Rock Office - 1-800-622-4472 / 501-682-3930 Springdale Office - 1-800-852-5376 / 479-751-2790 P WORKERS' COMPENSATION INSTRUCTIONS TO EMPLOYERS AND EMPLOYEES All employees of this establishment entitled to benefits under the provisions of the Arkan sas worke rs' com pen sation law s are h ereb y no tified th at the ir employer has secured the payment of such compensation as may at any time be due employees or their dependents. This employer is required by s tate law to provide workers' compensation coverage or this employer has waived the exclusion or exemption from the operation of the workers' compensation laws, and the em ployer certifies by the display of this poster that workers' compe nsation coverage is no w prov ided by a w orkers' compensation insurance polic y or b y en rollm ent in the A rkan sas S elf-In sura nce Pro gram or b y the Pu blic E mp loye e C laims Div ision of th e A rkan sas In sura nce De partm ent. (Place label indicating Insurer's Name, Claims Office Address, Claims Office Phone Number and Po licy Expiration D ate) IN CASE OF JOB-RELATED INJURIES OR OCCUPATIONAL DISEASES The Em ployer Shall: 1. 2. Provide all necessary medical, surgical and hospital treatment, as required by law, following the injury and for such additional time as ordered by the Workers' Compensation Commission. Provide com pensation paym ents in a ccord ance with the prov isions o f the law . The first installment of compensation becomes due on the 15th day after the employer has notice of the injury or death, except in those cases w here liability has been denied by the employer. Provide pro mpt reporting of accidents to appropriate parties. Keep a record of all injuries received by its employees. 3. 4. The Em ployee Shall: The emp loyee shall report the injury to the employer on Form N and to a person o r at a place specified by the employer, unless the injury either renders the employee physically or mentally unable to do so, or the injury is made known to the employer immediately after it occurs. The employer shall not be responsible for disability, medical, or other benefits prior to receipt of the employee's notice of injury. All reporting procedures specified by the employer must be reasonable and shall afford each employee reasonable notice of the reporting requirements. The foregoing shall no t apply when an employee requires emergency medical treatment outside the employer's normal business hours; how ever, in that event, the employee shall cause a report of the injury to be made to the employer on the employer's next regular business day. Failure to give such notice shall not bar any claim (1) if the employer had knowledge of the injury or death, (2) if the employee had no knowledge that the condition or disease arose out of and in the course of employment, or (3) if the Commission excuses such failure on the grounds that for some satisfactory reason such notice could not be given. Objection to failure to give notice must be made at or before the first hearing on the claim. Statutory Information: Ark. Code Ann. § 11-9-514(b) states: "Treatment or services furnished or prescribed by any physician other than the ones selected according to the forego ing, except emerg ency treatme nt, shall be at the claima nt's expense." Ark. Code A nn. § 1 1-9-514(f), ho wever, indicates: W hen com pensability is controverted , subse ction (b) shall not apply if: (1) The employee requests medical assistance in writing prior to seeking the same as a result of an alleged compensable injury; and (2) The employer refuses to refer the em ploye e to a m edical provid er within forty-eight (48) hours after such written request as provided above; and (3) The alleged injury is later found to be a compensable injury; and (4) The emp loyer h as not made a previous offer of m edical treatment. If you have any questions regarding your rights under the Arkansas workers' compensation laws, you may call an Arkansas W orkers' Compensation Commission legal advisor at our toll-free number listed above. All em ploye rs wh o com e within the o peration of the Arkansas wo rkers' comp ensation law s and have com plied w ith its provisions must post this notice in a CONSPIC UOU S place in or about their place or places of business. P American LegalNet, Inc. www.FormsWorkFlow.com AWCC Form P (Posting Notice) A posting notice is mentioned in Ark. Code Ann. §11-9-403, Ark. Code Ann. §11-9-407 and AW CC R ule 7. AWCC Form P satisfies all requirements. Form P: 1. 2. 3. Is to be on display in a conspicuous place; Tells employers what to do when an employee is injured; Instructs employees to notify the employer immediately (or no later than the close of the next business day) when injured; Lists the claims office that will be handling the insurance aspects of the case; Gives the claims office telephone number; Announces the expiration date of the insurance policy; and Provides telephone numbers for Arkansas W orkers' Co mpensation Com mission legal advisors if either party needs assistance. 4. 5. 6. 7. Employers without Form P may lose the use of Form N as a defense in litigation. Employees disobeying instructions on Form P may delay their benefits or jeopardize the awarding of any benefits in a contested case. The AW CC furnishes samples, not supplies, of Form P. Carriers are to send their insureds an adeq uate num ber, and self-insureds must arrange with a printer for the supply they need. Carriers and employers may enlarge Form P for posting purposes. Information about Form P is available from the Support Services Division (1-800-622-4472 or 501-6823930). Ark. Code A nn. §11-9-106(a): "Any person o r entity who w illfully and knowingly makes any material false statement or representation, who willfully and knowingly omits or conceals any material information, or who w illfully and knowingly employs any device, scheme, or artifice for the purpose of: obtaining any benefit or payment; defeating or wrongfully increasing or wrongfully decreasing any claim for benefit or payment; or obtaining or avoiding workers' compensation coverage or avoiding payment of the proper insurance prem ium, or who aids and abets for any of said pu rposes, under this chapter shall be guilty of a Class D felony. Fifty percent (50%) of a