Is it possible to file an Arkansas worker’s comp claim for a highway construction injury? Construction work zones can be found on roads, highways, and interstates all across the United States. While they are necessary, these locations put construction workers in danger of catastrophic injury or death.
Construction workers may have numerous legal avenues to get compensation for their injuries and financial losses if this happens. To find out if you have a case against the at-fault party, you should contact the knowledgeable Arkansas worker’s comp attorney.
Fatal Work Zone Accidents as a Result of Driver Negligence:
Construction workers in roadside work zones are always in danger of being wounded or killed in a car accident due to the unpredictable nature of traffic patterns. In 2016, more than 140 construction workers were killed in car accidents on the side of the road. According to the National Safety Council, this was a nine percent rise over the 130 employees who died in roadside construction incidents in 2015 according to FHWA.
In the United States, one work zone death happens per 4 billion vehicle miles traveled and every $112 million spent on road construction. Rear-end accidents accounted for approximately a quarter of all fatal work zone fatalities in 2019, according to FHWA. The FHWA attributed many of the deaths of roadside workers to driving carelessness and reckless behavior, such as run-overs, back-overs, and falls.
Workers’ compensation is a no-fault system, which means that workers do not have to prove that their employer is to blame for their injury to be reimbursed. This implies that an employee who is wounded in a car accident on the side of the road may be entitled to benefits to cover medical expenses and missed income until he or she is medically healed and able to return to work.
Arkansas worker’s comp claims, however, do not cover extra damages such as pain and suffering or loss of happiness, enjoyment, and wellbeing. To seek more compensation, you should consult an attorney to see if you are eligible to bring a case against the at-fault party.
Third-Party Claims
A third-party injury claim is another option for a worker who has been injured in a construction zone. Except in a few unusual circumstances, Arkansas worker’s comp is usually an employee’s only recourse against his or her employer.
A wounded worker may be eligible to bring a personal injury claim against a third party that caused or contributed to the accident. Additionally, the worker may be eligible for this additional compensation in addition to the benefits obtained through an Arkansas workers’ comp claim.
What this means is that if a construction worker is hit by a driver who is carelessly driving through a construction zone, he or she may be eligible to file a personal injury claim against the negligent driver.
Damages in personal injury cases are not as restricted as they are in Arkansas worker’s comp claims. The following are examples of possible damages in various sorts of claims:
- Damage to property
- Medical costs in the past, present, and future
- Compensation for lost salary in full
- Earning potential has been lost
- Certain pleasures have been taken away from life
- Suffering and pain
Consider calling our personal injury lawyers in Arkansas to see whether you have a third-party injury claim against the at-fault driver. We will examine the accident and the roles played by each party to see if you are entitled to further compensation for your injuries through your Arkansas worker’s comp claim.
Contact the Law Office of Jason M. Hatfield Today
You can contact us as soon as possible if you were hurt in a work zone accident and believe you may be entitled to workers’ compensation. At the Law Office of Jason M. Hatfield, we provide free, no-obligation consultations to injury victims in which we analyze the details of their accident and assess who is to blame for their injuries.
All of our services work on a contingency basis, meaning you pay us nothing up front, and only owe us if we are successful in recovering compensation for your claim. During your initial consultation, we will explore the circumstances surrounding your accident and establish which legal alternatives may be available to you. We will not hesitate to pursue maximum compensation for your claim if we discover you have a case against a third party. Contact our office today to see if you have a case.