Truck driving is a profession that requires people to work long hours and remain as attentive as possible. Many truck drivers do not suspect that sitting for long periods of time can result in the development of dangerous health issues. As a result, many are surprised to learn that they have developed a pulmonary embolism due to their work conditions. If you or a family member has a pulmonary embolism due to extensive truck driving, contact an experienced Fayetteville attorney for pulmonary embolism caused by truck driving.
With over 20 years of experience litigating a wide variety of legal issues, Ken Kieklak, Attorney at Law is here to help you pursue an injury claim against your employer. We are ready to fight for you when your employer attempts to take advantage of you for their own profits. To schedule a confidential legal consultation, contact the Ken Kieklak, Attorney at Law at (479) 316-0438, or contact us online.
How Pulmonary Embolisms Develop
A pulmonary embolism is an obstruction that affects pulmonary arteries located in the lungs. Pulmonary embolisms typically develop because a blood clot located in a person’s legs or another part of a person’s body breaks off and travels to the lungs. This is also referred to as deep vein thrombosis. Other common causes of pulmonary embolisms include:
- Air bubbles
- A tumor blocking blood flow
- Marrow from a broken bone
If left untreated, a pulmonary embolism can be a fatal health condition. In other cases, a pulmonary artery may remain clogged for so long that the artery may die, making it harder for oxygen to travel through a person’s lungs.
There are a number of risk factors for pulmonary embolisms. For truck drivers, the major risk is remaining sedentary for long periods of time while driving. Sitting behind the wheel of a truck means that the driver is not getting sufficient blood flow to all areas of their body. As a result, this will make it easier for clots to form in the truck driver’s lungs, legs, and other areas.
When driving long distances, it is important to stop to stretch and get the blood flowing. Unfortunately, many truck drivers have tight deadlines and schedules that they cannot afford to miss. In some cases, a truck driver could be coerced to drive for a longer time than they are legally permitted to drive. When this happens, an employer could be held liable for a driver suffering an injury like a pulmonary embolism.
To learn more about filing a lawsuit for a pulmonary embolism due to excessive truck driving, contact an experienced Fayetteville personal injury lawyer.
When to File a Trucking Injury Lawsuit
If you believe that your pulmonary embolism diagnosis is the fault of your employer, you should consider filing a lawsuit. In Arkansas, civil cases are subject to the statute of limitations. The statute of limitations dictates when a plaintiff must file a particular type of lawsuit before their claim is barred.
In Arkansas, the statute of limitations for personal injury cases is three years from the date of the injury. As mentioned, if a plaintiff does not file their lawsuit within this three-year timeframe, the court may bar their claim. this means that the plaintiff may not have alternatives to seeking compensation for their injuries.
While it may seem like a harsh rule, the statute of limitations is designed to protect all parties in a lawsuit. The court wants to ensure that a plaintiff promptly pursues their case, but also ensure that a defendant does not have to be on constant alert for a lawsuit that may never occur.
It is important to note that a truck driver could be eligible for Workers’ Compensation benefits for developing a pulmonary embolism as a result of their position. To receive Workers’ Compensation benefits, a worker must be injured in the course of their employment. For example, being injured in a commute to work may not qualify as a work-related injury.
It may be difficult to show that a plaintiff suffered a pulmonary embolism because it can take time for a clot to develop. As a result, there could be other factors that influenced why the plaintiff developed a clot. That is why it is important to speak to an experienced attorney that can help you determine an appropriate way to proceed with your claim.
Work with an Experienced Fayetteville Lawyer for Pulmonary Embolisms Caused by Truck Driving
If you or a family member is living with pulmonary embolisms after working as a truck driver, consult with an experienced Arkansas personal injury lawyer today. Ken Kieklak, Attorney at Law, has worked with residents of Fayetteville, Rogers, Fort Smith, and he is ready to help you pursue the compensation you deserve. To schedule a confidential legal consultation, call Ken Kieklak at (479) 316-0438.