Serving clients in Fayetteville and all of NW Arkansas
Most Americans spend more time at work than they do any other place, including their own homes. However, unlike the relative safety we have when we are at home, sometimes our workplace is not as safe and accidents and injuries happen. An on-the-job injury can put a person out of work for days, weeks, or even permanently. Workers Compensation in Arkansas is designed to help an injured employee to certain expenses during their recovery, and for payments if an employee has suffered a permanent injury.
While you can choose to represent yourself in a worker’s compensation claim, many people find the complicated laws and minimal help they can receive through the Arkansas Workers Compensation Commission to be too complicated and skewed towards the employer.
To schedule a private legal consultation with an experienced disability lawyer, call Ken Kieklak, Attorney at Law at (479) 251-7767, or contact us online today.
The Most Common Workplace Accidents in Sebastian County
It only takes a second for an accident to happen in the workplace, and even the most cautious employee may find themselves involved in an accident. Some of the following accidents have consistently resulted in injured workers in Sebastian County and throughout the United States.
On the job violent acts – Workplace injuries do not always result from the conditions on the job, but also the people who are there with you. Employers who turn a blind eye to possible workplace violence can potentially be responsible for any resulting injuries. Employers and companies should monitor their employees and to implement programs meant to curtail possible violent acts.
Repetitive motion injuries – Under Arkansas’s workers’ compensation system a worker who is exposed to a repetitive motion injury may be able to recover compensation for their injuries if the injury is the result to limited to rapid repetitive motion for back or neck and hearing.
Machine entanglement – Working with heavy machinery is a regular part of many people’s jobs particularly in the construction and manufacturing industries. However, when your body is caught in the moving parts of a machine it can often result in severe and permanent damage including muscle damage, nerve damage, amputation, and even death.
Vehicle crashes – If your job or profession requires that you drive a vehicle as a regular part of your job and you are subsequently injured because of an auto accident, then you may be entitled to worker’s compensation to compensate you for your injuries and for time you may miss from work.
Falling object injuries – In 2014, there were 67 fatal workplace injuries and 5,260 non-fatal injuries. One of the leading causes of nonfatal and fatal workplace injuries were falling pieces of equipment and objects. These injuries are more common in certain industries such as the construction and manufacturing industries, however, regardless of the industry type falling objects often cause severe head injuries and traumatic brain injuries.
Can I Sue my Employer or Anyone Else?
Arkansas employs a complex workers’ compensation system to provides an exclusive remedy for workers who are injured during the course of their employment. This means that if a worker is injured at work they generally cannot file a claim against their employer directly, but rather, they are limited to filing a claim with the Workers Compensation Commission. While this exclusive remedy may bar employees from filing a civil complaint in court, it was designed to help the employee. In the past, employees who filed personal injury claims against their employers because of an injury at work found themselves lost in the civil justice system and often found themselves responsible for paying their employer’s legal fees.
When the workers’ compensation system was implemented it barred employees from filing personal lawsuits and rather had workers present their claim before an Administrative Law Judge in the interest of time and money. However, because of the limited types of damages that an Administrative Law Judge can order an injured employee may find that they have not been fully compensated for their injuries and may question if they can file a case against other parties who may have been involved in the accident. In the event that an employee is injured by a piece of machinery or another device, they may be entitled to Workers’ Compensation benefits as well as they may have a claim against the company who designed, supplied, and or installed the equipment. Many of these cases are brought before the civil courts as opposed to the workers’ compensation commission because the equipment lacked adequate warnings or important safety devices failed.
Sebastian County Workplace Injury Attorney Ken Kieklak is Ready to Fight for You
For nearly 20 years, Ken Kieklak has provided respected and trusted legal advice to people throughout the state of Arkansas. Whether you are seeking Social Security representation, a personal injury litigator, or help with a wrongful death claim, Ken is eager to get to know you and understand your situation. For your free and confidential legal consultation call us at (479) 251-7767 or contact us online.
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