The combination of hours of physical labor mixed with the use of powerful machinery can make for a dangerous work environment if proper precautions are not taken. Unfortunately, life happens and injuries on constructions sites are fairly common occurrences. Some injuries are fairly minor while others can prevent injured persons from working for an undiscernible amount of time. During that time, medical bills start to stack up and sometimes individuals are not properly compensated for lost wages.
If you have been injured in a construction site accident, allow Ken Kieklak, Attorney at Law to guide you through the process of obtaining coverage for your injuries. The rules and regulations surrounding compensation for construction injuries can be nuanced and confusing for individuals who are not familiar with this sort of procedure. We are here to help injured construction workers in Fayetteville, and we urge you to contact our Fayetteville workers’ comp. attorney so we can assist you in your road to recovery.
Common Construction Accident Injuries
There are numerous types of construction and thus, there is an array of accidents and injuries stemming from this profession. Some of the following accidents are most commonly found in this line of work:
- Arc flash/blast
- Electric shock
- Falling from heights
- Trench collapse
- Collapsed scaffolding
- Lack of protective gear
- Crane accidents
- Repetitive motion injuries
- Chemical spills
- Falling materials
- Exposure to toxic substances (example: asbestos)
This list is not exhaustive, and there are certainly several other injuries associated with construction work. According to a study by the Occupational Safety and Health Administration (OSHA), in the year 2015, one in five worker deaths were in construction. The leading causes (excluding highway collisions) of death on construction sites were falls, being struck by an object, electrocution, and caught in between hazards, respectively.
As a result of the accidents described above, there are numerous injuries that workers suffer, with the best-case scenario a scratch or scrape and the worst case scenario being death. Below is a list of common injuries sustained during construction site accidents:
- Cuts and lacerations
- Hearing loss
- Broken bones
- Knee and ankle injuries
- Neck, shoulder or back injuries
- Lost fingers or limbs
- Spinal cord injuries
- Vision impairment or blindness
- Stress injuries
- Heat exhaustion and heat stroke
- Head injuries and brain damage
- Illness and disease from chemical exposure
Types of Compensation Available for Construction Site Accidents
The type of compensation and how much compensation an individual receives for injuries suffers is tailored to the type and severity of the injury. It is also taken into consideration how long the individual will be out of work and what the medical costs will be to treat this particular injury. Workers compensation is available as a way to recover; however, it is not a very generous system and its funds do not always cover the extent of injuries suffered in an accident.
Sometimes, depending on the facts and injuries surrounding an accident, a personal injury claim is a better option so that an individual can be fully compensated for the severity of his or her injuries. There are situations, especially if they involve heavy machinery, where an employee who is injured can make a third-party claim against a manufacturer, property owner, and/or subcontractor. This is a way for an individual to collect workers compensation while simultaneously making a third-party liability claim.
Process for Receiving Workers’ Compensation
The first step towards receiving compensation for construction site injuries is to complete and submit the appropriate forms to make a claim. Most employers should have workers compensation documents on hand, but they can also be found on the Arkansas state website.
Next, you should notify your employer of your work-related illness or injury. You need to fill out a document known as an “Employee Notice of Injury” (Form AR-N). This report must contain specific details including the time, location, and nature of the accident that caused your injury. It should also include the names of any witnesses who can support the claim you are making. Your employer must also fill out a form called a “First Report of Injury” and submit it to the Arkansas Workers’ Compensation Commission and their insurer.
In the midst of this process, it is important that you have a thorough medical examination performed by a doctor. Prior to the examination you should inform the doctor that you were in a workplace accident and explain the type of illness and/or injury you are suffering from. Your employer may insist that you see a doctor of their choice for an initial exam; however, you may choose your doctor after that.
Arkansas Construction Worker Injury Lawyer
After you submit your claim to your employer, it is in their hands to kick start the compensation process with their insurance carrier. If they fail to begin the process within 10 days of receipt of your claim they could be fined up to $500. It is important that you follow up with your employer through the process so as to ensure you are properly compensated for your injuries. Retaining an Arkansas construction worker injury lawyer is an important step in speeding along the process and ensuring that you are properly compensated for injuries suffered. If you have suffered a construction site injury, visit us online or call (479) 439-1483 to schedule a free and confidential consultation. Ken Kieklak, Attorney at Law, will fight to get you the compensation you deserve.