What is the Statute of Limitations on Construction Site Injuries in Arkansas?
If you are injured in Arkansas and wish to file a personal injury lawsuit, you must comply with the statute of limitations. The statute of limitations sets the deadlines for when an injury lawsuit must be filed. The court will likely dismiss any case that is filed beyond the appropriate date.
For a personal injury claim arising from negligence, including construction site injuries, a person must file their claim within three years of the date of the injury. However, if you were injured at a construction site and were working at the time, you could be required to file a workers’ compensation claim. Below, our Fayetteville personal injury attorney will review the statute of limitations and the timeline for a workers’ compensation claim in more detail.
If you were hurt at a construction site, no matter if you were working or not, contact Ken Keiklak, Attorney at law. It is important to review your case with our experienced Arkansas personal injury Attorneys so you understand your available options. Do not hesitate to call (479) 316-0438 to schedule a free appointment.
Deadline to File a Personal Injury Claim for a Construction Site Injury in Arkansas
Construction sites are dangerous for construction workers and those who live near or pass through a construction area. Many people throughout Arkansas are injured when they walk past a construction site, whether it is new construction or the rehabilitation of an existing structure. Debris is often left in the walkways around a construction area and workers sometimes drop tools, equipment, or materials that come crashing down and injure unsuspecting people on the ground. When an injury is caused by negligence, you could have the basis for a personal injury claim against the construction worker or the construction company. If you were hurt, it is critical to speak with our Arkansas personal injury attorneys as soon as possible.
One reason to speak with an attorney sooner than later is that you have a limited amount of time to file a lawsuit. Under Arkansas law, if your injury results from the negligent conduct of another party or company, you have three years from the date of your injury to file a case. Therefore, if you are the victim of a slip and fall accident or suffered a traumatic head injury, you must comply with Arkansas’s statute of limitations.
Three years might seem like a long time but you should not wait long to contact an attorney. First, it takes time to prepare a personal injury case. Second, and probably more importantly, if you wait too long, valuable evidence could be destroyed, missing, or otherwise unavailable. If the construction site is no longer there when you reach out for legal help, it will be difficult, if not impossible understand how the injury occurred. Furthermore, surveillance video that might have existed has probably been erased and witnesses who saw the incident will likely have a faded memory of what happened.
Employees that are injured on a construction site might have to file a workers’ compensation claim. Under Arkansas law, most employees are entitled to financial benefits to cover their medical bills and lost wages through their employer’s insurance. However, this law also prohibits employees from filing personal injury lawsuits against their employers. Nonetheless, an injured employee could have a third-party claim against the property owner, a subcontractor, or an equipment manufacturer. It is critical to talk with or Arkansas workers’ compensation lawyers if you were hurt while on the job.
Timeline for Filing a Workers’ Compensation Claim After a Construction Accident in Arkansas
If you were a worker hurt on a construction job and need to file a workers’ compensation claim, you might not have to comply with the statute of limitations, but you still need to follow a prescribed procedure.
The first mistake injured workers make is failing to report the injury on time. Under Arkansas law, an employee who is injured on the job must report the accident within 30 days after it occurred. Failure to meet this requirement means you could lose out on the benefits you deserve.
Your notice should be more than verbal. It should be in writing and include the time, date, and area of the construction site where you were hurt. Do not forget to explain the type and severity of your injury or injuries.
Typically, the notice should be given to your employer, supervisor, or another appropriate person with oversight over the construction job.
Filing a Claim
Giving the employer notice of your injury is not filing a benefits claim. Typically, a workers’ compensation claim must be filed within two years of the date of the injury. While there are a few exceptions when the claim could be filed later, delaying your claim any significant amount of time increases the risk your benefits could be denied. If you have been injured while working at a construction site, you should contact our Arkansas workers’ compensation attorneys.
Call Our Arkansas Personal Injury Attorneys if You Were Injured at a Construction Site
Whether you were hurt while passing through or around a construction site or are a construction employee who was hurt while on the job, you should contact our Bentonville personal injury attorneys as soon as possible. Personal injury lawsuits in Arkansas are governed by the state’s statute of limitations, while Arkansas workers’ compensation law controls benefits claims. In either case, Ken Keiklak, Attorney at Law, understands the importance of filing a timely lawsuit or claim. Our office is committed to ensuring no deadlines are missed. Call (479) 316-0438 to discuss what steps you should take after a construction site accident.
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