If you are hurt in a work-related injury in Arkansas, you could be facing expensive medical bills and lost income if you cannot go back to work. Typically, if someone is injured because of another party’s negligence, they are entitled to file a personal injury claim to seek compensation for their financial losses. However, if it was a work-related injury, you could be required to file a workers’ compensation claim. No matter which option is best, you still have to comply with state-imposed deadlines. For a personal injury lawsuit, the deadline is controlled by the statute of limitations. If you have to file a workers’ compensation claim, the timeline is governed by Arkansas workers’ compensation law.
For personal injury lawsuits, Arkansas’ statute of limitations requires lawsuits to be filed within three years of the date of the injury. A personal injury claim takes time to build, so it is crucial not to delay speaking with our knowledgeable Arkansas personal injury attorneys. Workers’ compensation claims typically need to be filed within two years of the date of the injury.
Ken Keiklak is an experienced Fayetteville attorney who handles both personal injury lawsuits and workers’ compensation claims arising from work-related injuries. To discuss your available legal options, call our office at (479) 316-0438.
Arkansas’ Statute of Limitations for Personal Injury Lawsuits
If you are going to sue someone because their negligent or reckless conduct caused your injury, you must comply with Arkansas’ statute of limitations, which is a law that sets a deadline for filing civil or criminal claims. The statute’s purpose is to protect people from having to defend against a claim years after the evidence is lost or no longer available. Therefore, under Arkansas law, you must file your case within three years of the date of the injury.
While the purpose might be to protect defendants from frivolous lawsuits, it also compels plaintiffs to file timely cases. If you delay filing a personal injury case, your chances of success could significantly decrease if vital evidence is unavailable or if witnesses’ memories have faded. It is crucial to contact our experienced Fayetteville personal injury attorneys to advocate for your rights as soon as possible.
It is important to remember that in Arkansas, the clock starts running from the date of the injury. There are no discoveries or complicated exceptions that are found in other states. Therefore, you should not delay in determining if you have a case.
Work-Related Injuries in Arkansas and Personal Injury or Workers’ Compensation Claims
Most workers in Arkansas are protected by workers’ compensation insurance if they suffer a work-related injury. Workers’ compensation allows injured employees the ability to gain financial benefits for their medical expenses and lost income without going through litigation or proving someone else was at fault. However, the trade-off is an injured employee is prohibited from filing a personal injury lawsuit against their employer.
Just because you were hurt in a work-related injury does not mean you are always prohibited from filing a personal injury lawsuit. Under certain circumstances, an injured worker could have a viable claim against a negligent third party, such as a subcontractor, the owner of the property, another employee, or the manufacturer of a tool or piece of equipment. One advantage of a personal injury lawsuit is the ability to seek financial compensation for your total lost wages, instead of the percentage that is paid through workers’ compensation benefits. Additionally, you could also recover from your pain and suffering. Our skilled Farmington personal injury attorneys will examine your case to determine if you should file a personal injury lawsuit, a workers’ compensation claim, or both.
If you have a valid claim against a third party, you must comply with the three-year statute of limitations. However, if you are required to file a workers’ compensation claim, you need to follow the rules and deadlines outlined in Arkansas state law.
Worker’s Compensation Claim Deadlines in Arkansas
Injured employees do not have an unlimited amount of time to file a workers’ compensation claim if they are hurt on the job. An accident or injury must be reported to your employer, supervisor, human resource manager, or another applicable individual within 30 days of the incident. The notice should be in writing and include all pertinent information, including the date, time, what occurred, and the extent of your injuries. Additionally, you should also list any witnesses – this could prove invaluable if you have the right to pursue a personal injury claim.
Once your employer is notified, they should report the injury to their insurance carrier. You will probably be required to complete additional paperwork and see an approved doctor. Under Arkansas law, a workers’ compensation claim must be filed within two years of the accident date. While workers’ compensation claims appear straightforward, there are numerous errors that claimants make that jeopardize their benefits. Our Arkansas worker’s compensation attorneys will advocate for your rights and ensure that no critical deadlines are missed.
Contact Our Experienced Arkansas Personal Injury Attorneys if You Were Hurt in a Work-Related Accident
Work-related injuries often have far-reaching consequences, including significant and unexpected medical bills coupled with lost wages. Fortunately, if you were injured in Arkansas, you have options. Depending on the circumstances, you could have the basis of a personal injury lawsuit, a viable workers’ compensation claim, or both. No matter what options are available to you, you must comply with stringent deadlines. Ken Kieklak, a seasoned Bentonville personal injury attorney, will fight for your rights and ensure no deadlines are missed. Call (479) 316-0438 to arrange a free and confidential consultation.