Construction work is difficult and dangerous. Thousands of construction workers across Farmington and the surrounding area are injured in work-related accidents. These injuries range from minor cuts to catastrophic or even fatal injuries. Injured workers and their families have a right to apply for workers’ compensation benefits. However, there are situations when these benefits are insufficient to cover all the expenses and losses incurred after an accident.
Knowing your rights is crucial if you have been seriously injured. Whether it is filing a workers’ comp claim, appealing a denied claim, or filing a personal injury lawsuit against a liable third party. Our experienced Farmington, AR construction injury and accident lawyers will evaluate your claim and advise you of your options.
If you are injured in a construction accident, you and your family should be entitled to just compensation. Our team of lawyers and staff have been fighting for injured workers’ rights for over two decades. Call (479) 316-0438 to discuss your case.
Farmington Workers’ Compensation
Under Arkansas law, an employee is prohibited from filing a personal injury lawsuit against their employer if they are injured on the job. However, if a construction worker is injured in a work-related accident, they have the right to file a workers’ compensation claim.
Workers’ compensation could be thought of as insurance for employees. If you are hurt in a workplace accident, workers’ comp will cover your medical expenses and a percentage of your lost wages. These benefits are typically awarded rather quickly and without the need to prove your employer or any other party was negligent. Unfortunately, your employer’s insurance carrier will dictate the doctors you see and what treatments will be covered. It is not uncommon for workers’ comp benefits to fall short of the total losses associated with a serious construction injury.
Third-Party Claims After Farmington Construction Accidents
While many Farmington construction workers are familiar with workers’ compensation benefits, they might be unaware that third-party lawsuits exist.
A third-party lawsuit is a legal claim brought against another party, not your employer, who is responsible, fully or partially, for your injury. Depending on the facts of your case, this could be a person or business that contributed to your injury. To prevail in a third-party lawsuit, our Farmington construction accident lawyers will have to prove that the other party was negligent. While this could take significantly longer than processing a workers’ comp claim, the injured worker is entitled to substantially more financial compensation.
Examples of Third-Party Lawsuits After a Farmington, AR Construction Accident
Our Farmington construction accident lawyers have been litigating workers’ comp cases for over two decades. Many times, this includes bringing a personal injury claim against a negligent third party.
One of the most common third-party claims are against individuals who hurt a worker in a car or vehicle-related accident. While this might not seem likely on a construction site, it still occurs. Workers are sometimes hurt if an operator of a construction vehicle strikes them. Furthermore, construction workers also drive trucks from site to site. If another driver causes an accident, they should be held liable for any injuries the construction worker suffers. For instance, if someone is driving a dump truck from a construction site and is hit by a drunk driver, the drunk driver could be held legally and financially responsible.
Construction Site Accidents
Construction accidents are a common reason why people file workers’ compensation claims. Construction workers are hurt in falls, electrical accidents, and other work-related accidents. Additionally, many independent companies are working on construction sites, including general contractors, subcontractors, and the design and architectural firms that employ them.
For example, a construction worker could file a claim against the company that installed scaffolding if they fell and were hurt.
Defective or Malfunctioning Equipment or Machinery
Construction workers use all types of tools and equipment, from hand-held power tools to large cranes. There is an assumption that the equipment will function as intended. When a tool or piece of equipment malfunctions, it could seriously hurt the construction worker using it or others in the immediate area. If the cause of the accident was a product defect, then it might be possible to hold the manufacturer liable for any injuries or damages.
Property Owners or Managers
In some situations, it is possible to hold the property owner or manager accountable for an injury that occurs on a construction site or the building where the construction work is taking place. When a hazard exists on the property, the property owner could be held liable.
A toxic tort is a lawsuit that is brought when someone is injured because of exposure to toxins or dangerous chemicals. The exposure could be immediate, such sudden chemical leak, or over an extended period of time. Construction workers are often around dangerous chemicals, including asbestos, lead paint, and other hazardous chemicals. In many cases, a construction worker who was exposed to harmful chemicals could have grounds for both a workers’ comp claim and lawsuit.
For instance, a property owner could know that the construction site is contaminated with a harmful toxin. If a worker develops an illness because of exposure, they could have grounds to bring a lawsuit against the property owner.
Our Farmington, AR Construction Injury & Accident Lawyers Fighting for Your Rights
Construction accident injuries are often serious and life-altering. Injured workers could be faced with significant medical expenses while they are unable to earn a living. Workers’ compensation benefits only go so far. Our Farmington, AR construction injury and accident lawyers will help you fight for the compensation you deserve. Call (479) 316-0438 to review your case.