Serving clients in Fayetteville and all of NW Arkansas
According to the Bureau of Labor and Statistics, there were nearly three million reported nonfatal workplace injuries in 2014. Injuries can range from overexertion to falls and trips. However, while the injuries may be different often a common theme among injured workers is confusion. That is because the worker’s compensation system is complex and hard to understand. It can become even more confusing and frustrating for anyone who has been injured on the job because of a product or machine that they were using.
If you have been injured while at work, don’t struggle with these questions and concerns contact an experienced attorney today. For over 20 years the attorneys at the Law Practice of Ken Kieklak have been providing injured workers with the guidance and legal support they need to recover from their workplace injuries.
Types of Workplace Injuries
Workplace injuries happen in a variety of different contexts and in many different situations. Not only can these injuries cause serious injuries, but they can also impact and compromise your ability to earn a living. Many injured workers are unable to return to the same work that they performed before their injury and are left wondering how they will be able to continue to provide for their families. While it is impossible to explain and examine all the various injuries, the following is a list of some of the most common.
Occupation diseases – Workers in certain occupations face hazards from toxic and noxious chemicals which can lead to chronic and life threatening diseases. Typically, an occupational disease arises from the conditions a specific type of worker is exposed to
Overexertion injuries – Professions that work with heavy equipment and products include a high risk for overexertion injuries. These injuries commonly result from pulling, lifting, pushing, holding, or carrying heavy equipment and materials. In addition to resulting in a disproportionate amount of workplace injuries, these injuries are frequently cited as the most expensive for employees.
Neck and back injuries – Neck and back injuries are some of the most detrimental injuries a worker can face. These injuries can result from a variety of conditions but are commonly attributed to slips and falls, particularly when a worker falls from any height. These injuries can comprise herniated discs, broken or fractured vertebrae, whiplash and soft tissue injuries, and spinal cord nerve damage.
Sprains and strains – According to the National Safety Council every seven seconds a worker is injured while they are on the job. One of the leading causes of workplace injuries includes sprains and strains. Sprains and strains are particularly prevalent amongst manufacturing and retail workers, and while often discounted as being minor, these injuries commonly require workers to take lengthy stays in their employment to heal.
While employers are required to maintain a safe working environment, many injuries are related to the employer failing to follow safety regulations and specifications. Equipment that is poorly designed or improperly maintained can also lead to accidents and injuries. However, it is not always clear what the cause of an accident and injury is, and this crucial determination can alter how and if you can recover for your injuries and from whom.
Can I Sue My Employer for a Workplace Injury?
A worker who has been injured while on the job is in a different position than a person who is injured outside of work. While it may seem obvious to anyone who has been injured at work that they can sue their boss, many would be surprised to find that workers are generally prohibited from filing a personal injury case against their employer.
Before the current Arkansas Workers compensation laws were implemented, a worker who sustained any injury during the course of employment would proceed against their employer just as any other personal injury litigant would proceed. A worker would file a personal injury civil suit and would then be subjected to lengthy periods of time while the case was going through the various stages of litigation. Often both the company and the litigants would be exhausted by the time they reached any settlement of judgment and many would simply drop their cases because it was impossible for them to recover for their injuries. Fortunately, the current worker’s compensation laws prohibit a worker from filing a claim against their employer for a work-related injury. Instead, a worker who has been injured during the course of their employment is required to file their case with the Arkansas’ Workers Compensation Commission. The Arkansas Worker’s Compensation Commission oversees claims and is responsible for awarding injured workers financial compensation for their injuries.
Have You Been Injured While at Work and Need a Fort Smith Workplace Injury Attorney?
If you have been injured while working, it may be prudent for you to contact an attorney who can help explain and clarify your legal rights. For over twenty years the attorneys at the Law Practice of Ken Kieklak have been doing just that; providing legal support and guidance for injured workers. Contact us today for your free and confidential consultation. For your free and confidential legal consultation call us at (479) 251-7767 or contact us online.
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