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Fort Smith Workers’ Compensation Burn Injury Attorneys

Arkansas Workers Compensation Attorneys Who Fight for Burn Injury Victims

Burn injuries at work are nothing to be trifled with. They can be painful, life debilitating, and sometimes, deadly. Healthcare services, construction, manufacturing, and autobody-related accidents are among the highest industries to receive the most burn injuries. The severity of burn injuries is most likely labeled as second-degree, third-degree, or fourth-degree burns. Depending on how severe a burn is, seeing a physician and specialists are critical in developing an effective recovery plan.

Several options are available for workers who have sustained a burn injury at work. The options available include:

  • Filing a workers’ compensation claim;
  • Filing for disability benefits from the Social Security Administration (SSA);
  • Filing for Social Security Disability Insurance (SSDI) payments. Sometimes these benefits are attainable through supplement workers’ compensation payments. A workers’ compensation burn injury attorney at the Law Office of Jason M. Hatfield can explain how your case would go and if there are other avenues to seek additional benefits; or
  • Filing a third-party lawsuit. An example would be if a worker suffered from burn injuries while doing work at a construction site, doing mechanic work and a vehicle fire erupts, an explosion from an unknown source, or other situations involving a third party. If filing a lawsuit is desirable and a settlement is reached, it can help with recovering lost wage pay, pain and suffering, and healthcare bills. By speaking with our team of workers’ compensation attorneys, we will analyze your unique situation and craft a plan to help you obtain the best outcome.

Common Types of Workplace Burns

According to the Occupational Safety and Health Administration (OSHA), electrocution is listed as one of the “Fatal Four” deadly construction site accident causes in the nation. On the other hand, being scalded is common for workers in private, commercial, and industrial kitchens. Other types of workplace burns include:

  • Fire Burns;
  • Scalds;
  • Contact with Hot Objects; and
  • Electrical Burns.

Often, high-pressure water hoses are used to clean deep fryers and commercial-grade dishwashers. Kitchen workers or other retail-food workers are at high risk for sustaining some type of burn. Also, engineers and mechanics are exposed to the possibility of obtaining a severe burn. This can happen when they are repairing vehicle parts, working with heavy machinery. HVAC compressors, and other equipment.

Two of OSHA’s frequently cited workplace safety violations are controlling hazardous energy and electrical wiring methods. Violations like these can result in fast and horrific burns. Although some home remedies might help a small burn, it’s best to seek medical attention and receive a proper diagnosis of the severity of the burn.

What You Need to Know If You Have Severe Burns

Burns can be classified as electrical, heat, or chemical burns. The SSA looks for burns severe enough to interfere with a claimant’s ability to work. If a burn affects other soft tissue, the SSA recognizes the injury as a disability if the applicant needs frequent, surgical management over a year. If a burn is not affecting other tissue, the SSA looks for severe limitations that would continue for at least twelve months.

If a burn injury does exist, and a worker cannot support themselves, then they can apply for disability benefits. Those who can work despite a painful injury often do not qualify for benefits. Before applying for Arkansas workers’ compensation, an Arkansas employee must gather evidence demonstrating that they do qualify for benefits. The SSA will then examine each claim.

If you are in a difficult situation, speak to the experienced workers’ compensation burn attorneys at the Law Office of Jason M. Hatfield about what medical evidence is required to prove the severity of your burn.

What Applying for Arkansas Workers’ Compensation Means

Applying for workers’ compensation means receiving benefits that cover medical expenses and paying replacement wages. It is important to remember that even though you are receiving benefits due to your accident, it is often limited to a specific period.

Burn injuries can be partial or leave a worker completely disabled. Varying degrees of burn injuries can lead to long-term or partial disabilities, depending on the severity.

The severity of the burn directly affects how long benefits may last. It also means that payments may not last longer than a few months, and you are expected to return to work. If you or someone you know is confused about their legal rights, contact us today and we will help guide you on the next best steps.

How SSDI Benefits Can Help Workplace Burn Injury Survivors

Applying for disability benefits in Arkansas largely depends on the type of benefits you want to apply for. For instance, if you do not have a long work history, it may be best to apply for SSI, a need-based program. If you have a work history and pay Social Security taxes, you can apply for SSDI. The valuable part of this process is that SSDI has a mandatory waiting period, but SSI may be able to supplement your benefits.

Workers’ compensation is complex and confusing, and the amount of information required to apply for benefits can often be overwhelming. The forms require in-depth and detailed medical and biographical information, including how your burn injuries interfere with your life and ability to work. You may also need a medical evaluation by a doctor to prove you have a severe disability.

It’s beneficial to discuss your workers’ compensation burn injury with an experienced workers’ compensation attorney. An attorney can help you sort and gather your paperwork, point out what you may be missing, and find any mistakes that you have made which can potentially result in your benefits being denied. If they are denied, a skilled worker’s compensation attorney can help you apply for reconsideration or an appeal.

Who Is Responsible for Workplace Burns?

Responsibility for workplace burns revolves around the circumstances that caused an accident. If an Arkansas worker’s actions, or inactions, contributed to their injuries, it could be challenging to prove they were not at fault for the work accident.

On the other hand, if the employer failed to do the following, they could be held liable:

  • Properly train a worker in the safe use of equipment;
  • Provide them with proper safety gear;
  • Safely maintain equipment; or
  • Take action on warnings about a potential hazard.

If any of the above have occurred, there is a good chance the employer can be held responsible for a survivor’s burn injuries. This would mean that an employer could be held financially responsible for all costs of the survivor’s recovery, including lost wages and medical expenses.

Often, the difficulty is proving liability, which generally triggers an extensive investigation. This may be highly relevant if it is suspected that the employer hides details and does not keep good records or workers’ employment documentation. Discuss your case with a workers’ compensation burn injury attorney at the Law Office of Jason M. Hatfield when in doubt about a workplace burn injury.

Contact the Law Office of Jason M. Hatfield to Discuss Your Claim

Not sure you have a case? Not sure what you need to do or prove to qualify for workers’ compensation for your burn injuries? Are you confused about the process for applying? You are not alone. Reach out to the Law Office of Jason M. Hatfield by calling (479) 361-3575. Our dedicated team of workers’ compensation burn injury lawyers is here to help. 

Call us today for a free initial consultation and to find out what you can expect should you file a claim for workers’ compensation. We know you have questions, and we can answer them for you. The Law Office of Jason M. Hatfield is just one quick call away: (479) 361-3575.

Fort Smith Personal Injury Lawyer

Fort Smith Workers’ Compensation Burn Injury Attorneys

Fort Smith Personal Injury Lawyers

We pursue fair compensation on behalf of accident victims throughout Sebastian County

Suffering a serious injury can throw your life into a tailspin. You may suddenly find yourself in the hospital, missing weeks of work, and wondering what your future will look like. When will doctors say you can go home? When will you be able to return to work? Will there be any additional follow-up medical treatment you’ll need to pursue? How are you going to pay for all of this? These are common questions anyone would ask themselves if they were in your position. At the Law Office of Jason M. Hatfield, P.A., we are a compassionate team of Fort Smith personal injury lawyers who are here to help accident victims on their road to recovery. Our lawyers will take the time to sit down with you and listen to your story because we believe the more we know about your case, the better we can help.

Table of Contents

We handle a variety of Fort Smith personal injury cases

For more than 20 years, the Law Office of Jason M. Hatfield has provided exceptional representation to Fort Smith accident victims and their families. We believe that by holding people accountable for the harms caused by their negligent actions, we are not only helping clients, we are also helping make Arkansas a safer place. 

Accidents are one of the leading causes of preventable injury in Arkansas and across the United States. At the Law Offices of Jason M. Hatfield, we proudly represent clients who suffered injuries related to any of the following accidents.

Car Accidents

Motor vehicles are necessary in today’s society; however, our reliance on them creates a situation where many drivers overlook the dangers these vehicles present. Motorists owe a duty of care to the others on the road. This means that a driver who negligently causes a car accident that injures another motorist, passenger, bicyclist or pedestrian can be held liable for the injured party’s damages. In most cases, these Fort Smith car accident lawsuits are filed against the at-fault driver, and that driver’s insurance company has a duty to assign that negligent driver an insurance defense lawyer to defend the case under the insurance policy. A knowledgeable Fort Smith car accident lawyer can help accident victims effectively prepare their claims.
Arkansas Car Accidents Infographic

Over 500 people are killed in fatal Arkansas car accidents and another 2,000 seriously injured each year. Roughly 20 percent of all fatal traffic accidents in the state involve a driver who was under the influence of alcohol. 

Truck Accidents

Arkansas truck accidents make up only a small percentage of the total number of traffic accidents in the state. However, they comprise a much larger portion of those accidents resulting in serious or fatal injuries.

About one in six fatal Arkansas motor vehicle accidents involves a large truck like a semi-truck. 

Most truck drivers understand the dangers of driving a huge vehicle and take the necessary precautions. However, unfortunately, that is not always the case. Truck drivers are under tremendous time pressure to travel as many miles as they can each day, which increases the chances of distracted driving or drowsy driving accidents. If you or a loved one were involved in a Fort Smith truck accident, speaking with an attorney is an excellent first step to gaining a greater understanding of how to hold a negligent truck driver accountable for their actions.
Smoke rising from a truck accident on highway

Motorcycle Accidents

While many people think motorcycle accidents usually involve a single vehicle, that is not the case. 

Arkansas motorcycle accident infographic

Motorcycles are involved in about ten percent of all fatal and non-fatal traffic accidents in Arkansas.

Many people are under the false impression that most motorcycle accidents are single-vehicle accidents. However, that is not the case; more than half of all Arkansas motorcycle accidents involved at least one other vehicle.

Unfortunately, due to the lack of protection motorcycles offer to riders, injuries in these accidents tend to be severe. Even if you are wearing a helmet, you can still suffer life-changing injuries, such as a traumatic brain injury, broken bones, severe burns and more. Fort Smith motorcycle accident victims should reach out to an experienced personal injury lawyer to help them prepare their claim.

Slip and Fall Accidents

Falls are among the most common causes of injury among older adults; however, every age group is at risk. Property owners have a legal obligation to keep their property safe for invited guests. The extent of a property owner’s duty varies, depending on the type of location they own and the nature of your visit. However, typically, a landowner must warn guests of known hazards that could threaten their safety. And when it comes to business, they have a heightened duty to conduct routine inspections to discover potential hazards that could be dangerous for customers. Fort Smith slip and fall accidents can happen anywhere, including:
  • Grocery stores
  • Shopping malls
  • Department stores
  • Public buildings
  • Hospitals and doctor’s offices
  • Parking lots and parking garages
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8 Stages of the Personal Injury Lawsuit Process in Arkansas

Sustaining an injury after a severe accident can be a very stressful experience. Most people considering a personal injury lawsuit have little to no experience with the process. Going through the personal injury process with an expert attorney can make the process less intimidating & more manageable. The Arkansas personal injury lawyers at the Law Office of Jason M. Hatfield, P.A. have outlined the eight stages of how the personal injury process works in the state.

Damages in a Fort Smith Personal Injury Lawsuit

Those who successfully bring a Fort Smith personal injury lawsuit can recover financial compensation for their injuries. While every case is unique, and it’s impossible to pinpoint what a damages award will look like without an in-depth case analysis, Arkansas law generally allows accident victims to recover for their economic and non-economic damages.

Economic Damages

Economic damages pay you back for the money you were forced to spend (or could not make) because of the accident. For example, medical bills, lost wages, decreased earning capacity and property damage are all types of economic damages. Proving economic damages is generally pretty straightforward, as you can present objective evidence of the amount of damages. For instance, we can present the court with your total medical bills to prove the cost of your medical treatment. 

Non-Economic Damages

Non-economic damages, on the other hand, are a little more complicated. These damages compensate you for the emotional and psychological effect the accident had on your life. For example, the following are all types of non-economic damages:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life 
  • Loss of familial relationships

Arkansas Personal Injury Guide Infographic

If you have been injured by someone’s negligence, whether from a car crash or a construction site accident, you may be able to receive economic recovery to help you move forward with your life. Here is a quick guide to Arkansas personal injury law to help answer questions you may have.

Personal Injury Frequently Asked Questions

The most common personal injuries include:
  • Traumatic brain injuries
  • Whiplash
  • Amputations
  • Crush injuries
  • Back injuries
  • Spinal cord injuries
  • Fractures
  • Internal organ damage
  • Broken bones
  • Deep disfiguring cuts
  • Burns
  • Nerve damage
  • Paralysis
  • Scarring
  • Penetrating wounds from flying objects
  • Airbag injuries, including broken nose and/or jaw
  • Dislocations
Personal injuries are very common and each year across the nation, roughly 39 million Americans need medical treatment for a wide range of such injuries. Of great concern is the fact that medical errors and accidental injuries are the third leading cause of death.
For your personal injury attorney to help you build a case seeking compensation for your injuries, several pieces of evidence would be helpful. Those documents include:
  • Police reports
  • Statements made by witnesses
  • Survivor/client statement – this is a crucial document that outlines, in the survivor’s words what happened and how it affects their life.
  • Medical documents, including E.R. Records, doctor treatment notes, rehabilitation reports, and autopsy reports.
  • Any reports dealing with past safety concerns of a vehicle and/or past safety violations.
  • Pictures and/or video of the accident scene and injuries.
  • Any private investigation reports available (can be obtained through discovery).
  • The service history of the vehicle involved in the crash.
  • The 911 call transcript.
  • Any audio recordings available captured on a smartphone.
  • Relevant W2 forms that indicate lost wages
  • All receipts of medical expenses related to the accident, vehicle rental, payments to others to transport you.
  • Keep all your files relating to the crash together and keep a digital and physical copy. Use a spreadsheet to indicate what you have and what you still need to obtain.
Your attorney may have other documents they could use to build your case. They ask for those when they discuss your case with you when you find out your legal rights, and determine if you want to proceed with a personal injury claim.
If you have been hurt in an accident, there are some things that you need to do immediately, if possible. You want to protect your rights while seeking compensation for your injuries from an insurance company. Here are things you need to do as quickly as possible:
  • Call the police and make sure you get the accident report.
  • If possible, get the contact information of other witnesses.
  • Get medical help immediately or as soon as possible. Do not wait.
  • Describe all of your injuries no matter how small or big they are, as the doctor documents them for the medical record. These records are helpful for your personal injury attorney while seeking compensation for your injuries.
  • No matter what tests are ordered, get all of them done as instructed. Ask for x-rays, scans, or an MRI if the injuries are serious. Get the results of those tests for your attorney.
  • Do not provide “any” statement whatsoever to any insurance company, including your own. While you can notify them of the accident, do not provide any other details until you have retained a car accident attorney.
  • If you do not have an experienced car accident attorney, make sure you hire one as soon as you can.
  • Keep personal records of all your injuries, how you feel, your experiences, what medical treatment you obtained, what the outcome was, and keep receipts for all expenses related to the accident.
  • No matter how you feel, follow through on ALL doctor, therapist, and therapy appointments. Always show up and do what you were instructed to do, and do not skip any appointments.
  • Throughout this process of recovering from injuries in a car accident, dealing with insurance companies and your attorney, have patience. The process to recover compensation for your injuries can be a long one.
Personal injury cases can happen at any time and anywhere. The most common types of personal injury cases include:
  • Nursing home abuse, neglect
  • Traumatic brain injuries
  • Birth injuries
  • Aviation, boating accidents
  • Spinal cord injuries
  • Medical malpractice
  • Wrongful death claims
  • Slip and fall accidents
  • Car accident claims
  • Medical malpractice
  • Wrongful death claims
  • Dog bites
  • Defamation claims, as personal injury cases do not always involve physical injuries
  • Assault
  • Accidents in the workplace
  • Premises liability claims
  • Product liability claims
  • Construction injuries

    Contact the Law Office of Jason M. Hatfield P.A.

    While almost every accident victim can point to some type of damage they suffered due to the accident, identifying the full extent of your damages is critical to your full recovery. You only get one chance to bring a case, so you want to make sure you get it right. The Law Office of Jason M. Hatfield, P.A., represents injured workers from all over Northwest Arkansas including Fort Smith, SpringdaleFayettevilleRogersBentonville, Berryville and Harrison.

    Fort Smith Wrongful Death Cases

    Preventable accidents claim thousands of lives in Arkansas every year. Whether a loved one is lost after a motor vehicle accident, workplace accident or any other type of accident, the result is tragic. While many accident victims can physically recover from their injuries, sadly, many do not. Families who have lost a loved one in a preventable accident can pursue a Fort Smith wrongful death case against the at-fault party.

    Who can file a wrongful death lawsuit?

    A wrongful death claim is a type of personal injury case except that, instead of being brought by the accident victim, it is brought by their surviving family members. Wrongful death claims can be filed after any type of accident. The following family members can file a wrongful death claim:

    • Spouses
    • Children
    • Parents
    • Siblings
    • The personal representative of the accident victim’s estate
    What damages are available in a wrongful death lawsuit?

    The damages available through a wrongful death claim are similar to those in a personal injury claim and include:

    • Medical bills and expenses
    • Lost wages and lost earning capacity
    • Lost benefits (such as health insurance premiums)
    • Compensation for your loved one’s pain and suffering
    • Compensation for your own mental anguish

    Contact the Law Office of Jason M. Hatfield P.A.

    If you or a loved one was recently involved in a Fort Smith accident, do not hesitate to reach out to the Law Office of Jason M. Hatfield, P.A. In the aftermath of a fatal accident, families may be looking for answers that are hard to come by. At the Law Office of Jason M. Hatfield, our compassionate wrongful death lawyers can help you understand your options so you can make the decision that is best for your family. For more than two decades, attorney Hatfield and his dedicated team have served Fort Smith and the surrounding communities. As skilled negotiators, we can often resolve our clients’ cases without the need for a trial; however, we are also aggressive litigators and will not hesitate to take your case to trial if the insurance company is not willing to offer a fair settlement offer. To learn more and schedule a free consultation with a Fort Smith, personal injury lawyer, give us a call today at 479-361-3575. Calling is free, and we will not bill you for our services unless we can help you recover compensation for your injuries.

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