Individuals who get a workplace injury in Arkansas are intended to receive monetary gains under Arkansas Workers’ compensation law. Workers’ compensation provides medical treatment and a percentage of lost earnings. In some instances workers are permitted to claim damages from a negligent third party. Arkansas workers’ compensation attorneys would typically discuss the factors that play a significant role in obtaining damages for a workplace injury, whether that be a for workers compensation, negligence of a third party, or both.
Arkansas Workers Compensation Versus Personal Injury Lawsuits:
Numerous workers in Arkansas suffer serious and severe injuries on the job. Many people think of back injuries and amputations occurring at high-risk jobs, such as, construction sites. However, injuries take place in almost every employment. In any type of injury, an employee can seek compensation through worker’s compensation claims if injuries occur while in the course and scope of employment. It is important to have representation of a professional and experienced worker’s compensation lawyer to avoid any pitfalls associated with the rules and procedures. Workers’ compensation is designed to allow injured workers to obtain benefits without proving fault. Worker’s compensation has a lot of drawbacks along with benefits attached to it. Objective proof of injury is required, and the work comp assigned doctor must remove you from work in order to be entitled to a percentage of your lost wages. Pain and suffering are not recoverable under Arkansas work comp laws.
Conversely, in a personal injury lawsuit the injured party must prove the other party is negligent before a recovery can be made. An injured worker would be able to recover all of their lost wages and pain and suffering if the third party was negligent in causing those damages. Under Arkansas law, an employee is prohibited from suing their employer for negligence. Fortunately, an employee may file suit against a negligent third party, such as, a negligent driver, defective product manufacturer, negligent general contractor, etc.
Suing a Co-Worker for a Workplace Injury in Arkansas:
The motive behind the worker’s compensation law is to provide injured workers and their employers a quicker system in providing necessary benefits. This is done without the necessity of arguing who is at fault. As mentioned above, this benefit comes with limitations. Generally, employers are immune from being sued for workplace injuries. Suffering an injury doesn’t give you a license to sue a fellow employee. Another worker can be held answerable if the actions were intentional. For instance, if a fellow employee intentionally pushed you down on the stairs causing injury, they could be held accountable for the injuries suffered.
Third-Party Lawsuits for Work-Related Injuries:
Several injuries in the workplace are a direct consequence of carelessness and negligent conduct of a third party not related to work. Our attorneys will thoroughly review the facts, figures, and pieces of evidence involved. We will determine if a third party can be held accountable for the harm or damage.
A workplace injury in Arkansas could be caused by another motorist’s carelessness due to texting, drinking, or otherwise. You are permitted to bring in a claim against the negligent driver in this scenario. More examples of third-party that could be contributing factors include a delivery person who carelessly stocked boxes on shelves or pipes on trucks that fall and cause injury. Another example could be of an electrician leaving live wires uncovered or exposed in an office, or a building manager who fails to address poor lighting. Third-party claims do not prohibit you from pursuing worker’s compensation. Here, it’s essential to talk to a workers’ compensation lawyer for a better understanding of your legal rights and viable options.
Call Us for a Worker’s Compensation Attorney:
Worker’s injuries could be devastating causing a lot of pain and stress not only to the individual but also to their families. Moreover, it can put a financial constraint on the dependents of the injured worker. Worker’s compensation benefits are always there in hopes of quickly receiving necessary medical treatment and to keep your finances afloat. However, they are not sufficient to cover all of your damages. Attorneys will assist any form of workplace injury in Arkansas to navigate the extent and complications associated with worker’s compensation laws.
We are determined to make you whole by obtaining all benefits available under the law to compensate you for your injury and loss.