Simmons Foods is located in Siloam Springs, right near Bentonville. Simmons Foods’ workers in Bentonville and the surrounding areas could be injured at work, and they might be entitled to file a lawsuit to seek compensation for the injuries they faced. As many Simmons Foods workers are agricultural workers, they might not be covered under Workers’ Compensation and could need the help of a personal injury lawyer to get the compensation they need.
Our Bentonville Simmons Foods workplace injury lawyer, Ken Kieklak, might be able to help. Ken Kieklak, Attorney at Law, has decades of experience handling injury cases, and he can fight to help you get compensation for your injuries and hold the responsible parties accountable – including Simmons Foods in some cases. For a free legal consultation on your potential case, call us today at (479) 316-0438.
Suing Simmons Foods for Workplace Injuries and Accidents in the Bentonville Area
If you work at Simmons Foods, your right to sue your employer for injuries might be restricted in some cases. In Arkansas, employees in many industries are covered by Workers’ Compensation, which limits your right to sue and instead uses a no-fault insurance system to pay injured workers. If you were injured on the job, this might limit your total payout, so many workers look for exceptions that allow them to sue instead.
Workers in the agricultural industry are not usually covered by workers’ comp. This means that they can still sue if they were injured at work; they just need to prove that their employer was at fault to win a lawsuit against them. Some Simmons Foods workers could be considered agricultural workers and would be allowed to sue for workplace injuries. Talk to a lawyer to check your eligibility.
While “employees” might not be able to sue, workers who are classified as independent contractors still can. These workers are usually not covered by workers’ comp. plans and can sue for injuries instead. Note that not all work involving an employment contract makes you an “independent contractor,” so you should talk to a lawyer about your ability to sue Simmons Foods if you have any doubts.
Lastly, Workers’ Compensation has some exceptions that let you sue for workplace injuries. Workers can always sue third parties instead of their employer, which could include other workers or people outside the company entirely. That could include a driver who hit you while you were running a delivery or a manufacturer of a defective piece of equipment that injured you. You can also sue your employer for assault and other intentional injuries at work.
Proving a Workplace Injury Lawsuit Against Simmons Foods in Bentonville
If you were injured in an accident at work at Simmons Foods, you could be entitled to damages in a lawsuit. However, you must prove your injury case in court before you can win damages. To do so, you usually need to prove that your employer was actually at fault in your case.
In many injury cases, the employer is not the one that did something wrong. Employers can often dodge liability by claiming that a coworker of yours caused your injuries or that a third-party equipment manufacturer should be liable. However, an employer could share liability if they failed to train the dangerous coworker or if they negligently repaired or maintained the “defective” equipment.
If your employer is not at fault, our lawyers can file a claim against a responsible third party instead. We can also file claims against both Simmons Foods and a third party if they shared liability.
To actually prove the injuries and fault in your case, you will likely need to provide evidence that links your injury to the decisions and mistakes at your job. This could come in the form of your own testimony about what happened, testimony from witnesses, security camera footage, logs saying who was in charge when the accident happened, and medical records documenting your injuries.
Calculating Damages for Injuries at Simmons Foods in Bentonville, AR
The damages you can claim in your injury case will depend heavily on the facts of your case. In each case, the value of the damages will be different, but there are usually three main areas of damages you can claim compensation for: medical bills, lost wages, and pain and suffering damages. There could also be punitive damages in your case.
The cost of treating a serious injury can be very expensive. If you faced hospital bills and bills for follow-up care, these can often be compensated. You can also claim financial compensation for any ongoing needs, like rehabilitation and physical therapy.
Injuries at work can often be serious enough that you cannot go back to work right away. If you missed work, it could be difficult to afford medical expenses or even day-to-day needs like housing and food. Replacement wages for your lost income can be claimed as damages in most injury lawsuits.
Pain and Suffering
Although the judge and jury cannot see your pain or numerically measure it by looking at records, they can still award damages for pain and suffering. More severe injures are typically worth higher damages for pain and suffering, but your lawyer can help you calculate pain and suffering damages in your case.
In some cases where employers are especially negligent or commit a series of misdeeds, a court can award victims additional damages to punish the at-fault employer. These damages are rare, so talk to a lawyer about whether they might be available based on the facts of your case.
Call Our Bentonville Lawyer for Simmons Foods Workplace Injuries
If you or a loved one was hurt while working at Simmons Foods in or around Bentonville, call Ken Kieklak, Attorney at Law. Our Bentonville Simmons Foods workplace injury lawyer represents injured victims and their families and offers free legal consultations. Call us today at (479) 316-0438 to schedule your free consultation.