Workers are injured in all types of work-related accidents. People who work at a computer all day often develop carpal tunnel syndrome, while others suffer from back problems from sitting for an extended period. However, construction work is one of the most dangerous types of employment. Construction workers work at great heights, around large pieces of equipment, and are often working surrounded by hazards such as exposed wires or toxic chemicals.
When someone in Arkansas is hurt during the course of their employment, they could apply for financial help through workers’ compensation. Workers’ compensation will typically cover an injured worker’s medical bills and a portion of their salary. However, there are times when an injured construction worker could also have grounds for a personal injury claim.
Our experienced Harris, AR construction accident and injury lawyers assist injured individuals fight for the compensation they need to help them recover. Whether filing a workers’ compensation claim, appealing a denied claim, or bringing a third-party personal injury claim, our lawyers are ready to help you. Call (479) 316-0438 today.
Workers’ Compensation Claims in Harris, AR
Arkansas workers’ compensation laws protect employees who are hurt while on the job. By filing a claim, an injured worker could be ensured that their medical bills will be covered and they will receive a percentage of their salary without having to go through any lengthy litigation. This means that the injured employee will not have to wait months, or years, to receive the financial assistance they require. As a trade-off, an injured worker is prohibited from bringing a personal injury claim against their employer, limiting their potential compensation.
Even though the workers’ comp process might appear straightforward, it is still helpful to have experienced legal counsel working at your side. Some insurance companies will try to limit their liability by alleging the injury was not work-related or that the injuries are not as serious as you believe. Because the insurer picks your doctor, you might not believe you are receiving the best treatment possible. In other cases, a workers’ comp claim is denied and our Harris, AR construction accident injury lawyers could file an appeal on your behalf.
Third-Party Personal Injury Claims and Harris, AR Construction Accidents
One of the advantages of workers’ comp is not having to prove another party was negligent to receive financial benefits. In many work-related injuries, they might not be a negligent party. For example, your employer could provide you with a perfectly designed and comfortable chair, yet you still develop a painful back injury. If you were required to prove negligence in this situation, you might never receive any compensation.
Construction sites are unique workplaces. If you are a construction worker in Harris, AR, you might find yourself working alongside general contractors, sub-contractors, and employees from other companies hired for very specific purposes. None of these entities are your employer. Therefore, the prohibition under Arkansas law regarding filing a personal injury claim might not apply. If you are injured because a subcontractor or an employee from another company was careless or reckless, you could have grounds to bring a lawsuit against them. Our Harris, AR construction accident and injury lawyers are available to examine the facts to determine if you have a case.
Who Could be Held Liable for a Harris Construction Accident Injury
Determining who could be held liable for your construction accident injury depends on how the accident occurred. A claim would have to be brought against a party that is not your employer and our office would have to prove that the other party was negligent.
General and Sub-Contractors
A large construction project requires many different and varied skilled workers. Ironworkers, electricians, and carpenters are just a few of the many types of workers found at a construction site. If a subcontractor caused your injury, they could be held responsible for your financial losses. For example, if a subcontractor fails to secure scaffolding properly and it collapses, any workers injured in the accident could have grounds to file a lawsuit against the company responsible for the installation.
Property Owners and Managers
An injured construction worker might have a viable claim against the property owner or manager. If the property was aware of a known hazard and failed to disclose or address it, they could be held accountable under the legal theory of premises liability.
Construction sites are often littered with large pieces of construction equipment. Furthermore, construction workers rely on various tools and safety equipment. If an accident occurs because a piece of equipment malfunctions, the manufacturer could be held liable.
Do I File a Workers’ Compensation Claim or Personal Injury Lawsuit After a Harris, AR Construction Accident?
If you are hurt at work, you should file a workers’ compensation claim. The benefits you receive are necessary to pay your medical expenses and cover your lost wages if you are out of work for weeks or months. However, this does not mean you should stop there. While workers’ comp benefits are helpful, they do not cover everything.
If you have grounds for an injury claim, you are entitled to file both types of claims. Through a personal injury claim, you could recover medical expenses and the full amount of your lost wages. Additionally, you could be compensated for damages not included under workers’ comp benefits, such as pain and suffering.
Our Harris, AR Construction Accident & Injury Lawyers Are Here to Help You
Construction sites are dangerous and when an accident occurs, the injuries are often severe. Worker’s compensation is available to help you through this difficult time. However, to receive the full compensation you deserve, you should talk with our Harris, AR construction accident and injury lawyers. Call (479) 316-0438.