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Can You Sue Your Employer if You Get Hurt in Rogers, Arkansas?

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Now that a lot of people are returning to work, our office is seeing more instances of work-related injuries. It doesn’t matter what kind of work you do, you’re always at risk of getting hurt. A lot of people think that white-collar workers don’t suffer workplace injuries. This isn’t true. While most work injuries are suffered by people who do physical labor, all employees are entitled to protection from workplace accidents.

The question is – what does this protection include? If you live in Arkansas, you should be aware that you only have one remedy if you get injured at work. You typically can’t sue your employer for personal injury. The only option you have is to file a worker’s comp claim. The problem with this is that it may not cover all of your losses.

For example, if you get hurt at work, you may suffer a lot of pain and suffering. You might even suffer property damage. Or, you could suffer a great deal of emotional distress. These things aren’t covered under workers comp. The only two things you’re entitled to are medical care and replacement wages. This may not seem fair. Here, we’ll talk about what your options are if you’re hurt on the job. We’ll also talk about the few exceptions to the one remedy rule. Contact our Springdale personal injury attorneys today.

Why Can’t You Sue Your Company Under Personal Injury in Arkansas?

One of the first things our clients ask when they meet with their attorney for the first time is why can’t they sue their employer? It seems unfair that you should be limited to just medical treatment and replacement wages. If you suffer really painful injuries, you should be entitled to pain and suffering, right?

If you get into a car accident and suffer terrific injuries, you can sue the other driver in court. You can demand all sort of damages, including pain and suffering. Yet, if you get hurt at work, you aren’t allowed to do this. You’re severely limited in the types of damages you can demand. There is a reason for this.

The legislature in Arkansas, and every other state, has decided for it to be this way. They don’t feel it would be fair to make employers pay to defense every single case. It can cost thousands of dollars to defense a personal injury lawsuit. If a company had to do this every time their workers got hurt, they’d go bankrupt in no time at all. And, if they had to pay damages for each of these cases, they surely wouldn’t last more than a few months. The government feels that it’s in everyone’s best interests to keep this from happening.

There are Exceptions to This Rule

For the most part, you cannot sue your employer under personal injury. There are a few exceptions to this rule. If your Rogers injury attorney can show that your employer was reckless, they may be able to file suit in court. Or, if you can prove that a third party was responsible for your injuries, you can always file a personal injury lawsuit against them. Since each case is different, it’s a good idea to talk to a personal injury lawyer in Arkansas right away. They can review your case and let you know what your options are. Just keep in mind – there are very few cases that meet these exceptions. For the most part, you’re going to be limited to filing a worker’s compensation case in Rogers.

Call and Discuss Your Case with an Experienced Workers Comp Lawyer in Rogers, Arkansas

If you or your spouse are hurt at work, you should call our office right away. The first thing you want to do is talk to an experienced workers comp lawyer. As much as you wish you could sue your employer, your options are limited. This means that you want to make sure your workers comp claim is handled properly. An attorney in Arkansas will make sure your case is handled right from the start.

You should call and talk to an experienced injury lawyer as soon as you’re injured. If you can call the same day of your accident, you should. Call our office and schedule your free initial consultation. You can sit down with someone who knows the law. You can even do your consultation over the phone or through Zoom. The consultation is free and you don’t pay a dime until your case is resolved.

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