Determined and Relentless Representation

Fort Smith Slip and Fall Workers’ Compensation Attorneys

Northwest Arkansas Lawyers Who Seek Justice for Injured Employees

In 2019 in Arkansas, sixty-two workplace fatalities, thirty-one transportation accidents, seven slips, trips, and falls, eight were exposed to harmful environments and substances, and ten were in contact with equipment.

Slips, trips, and falls are common in the workplace. Unfortunately, they can cause severe injuries and sometimes death. Although each work injury is different, the extent of an injury, how the accident happened, and the work conditions at the time are essential information. Every bit of information about a work place accident is significant for workers’ compensation benefits.

If the rules for submitting a workers’ compensation claim seem unclear, call the experienced slip, trip, and fall workers’ compensation attorneys at the Law Office of Jason M. Hatfield. We tell our workers’ compensation clients that seeking medical attention for any injury sustained at work is vital. We help steer your case in the right direction by sticking to the facts. Never offer an opinion on why you had the accident. Let us help you get the benefits you rightfully deserve.

Where Do Slip, Trip, and Fall Work Accidents Occur Nationwide

Nationwide, private industry employers reported 2.7 million nonfatal workplace injuries and illnesses in 2020. More than one million nonfatal injuries and illnesses caused workers to miss at least one day in 2020.

Healthcare is the fastest-growing sector of the U.S. economy, with over 18 million workers facing multiple job hazards, such as exposures to harmful chemicals and hazardous drugs, slips, trips, falls, and back injuries. Nonfatal occupational injuries and illnesses amongst healthcare workers are among the highest in any industry.

It does not matter if you feel your accident is minor and you feel okay to return to work. An employer must report that incident because if you do not report it, and weeks later, you need knee surgery, your employer may deny your claim. Always follow the submission guidelines for all worksite accidents. Your workers’ compensation benefits depend on you following the rules and providing the correct information as required.
 

Common Workplace Injuries

Aside from slip and fall accidents, several other common accidents can happen in the workplace. They include:

  • Back Injuries
  • Knee Injuries
  • Fractures
  • Crush Injuries
  • Shoulder Injuries
  • Vehicle-Related Accidents
  • Burns
  • Explosions
  • Sprains or Strains
  • Amputations

What Is Considered a Workplace Accident?

It would seem evident that if someone were hurt at work, the employee would be entitled to workers’ compensation. In many instances, that is what happens. In other cases, it may not be clear-cut, and filing a claim may be problematic.

It does not matter what type of work you perform; you need the proper skills and training to carry out your duties. If the employer does not provide these things or offer a safe workplace, there can be instances where an injured worker can file a third-party personal injury lawsuit to seek compensation.

If you have been injured at work after slipping and falling, and the employer is not cooperating with your actions to file a workers’ compensation claim, it’s time to speak to an experienced slip and fall workers’ compensation attorney at the Law Office of Jason M. Hatfield. We know how important it is to you and your family to receive compensation that will tide you over until you can return back to work. With over 20 years of experience, we know the ropes and are here to help you.

When Injured at Work, Here’s What You Should Do

Inform your employer about your accident and all injuries that are sustained. Put your notice in writing and deliver it verbally to a manager. Keep copies of any correspondence you have with your employer regarding your injuries. 

Get medical treatment quickly and keep notes of every step. Recording your journey from initial injury, diagnosis, treatment plan, rehabilitation and recovery is crucial for your case. Keep all receipts relating to your treatment and other medical bills. Once a physician has seen you, report the injury and complete an accident report in detail. Be accurate and state the facts about your accident.

After a claim is filed, your employer’s insurance company may ask you for medical records and other information. Keep detailed and accurate records of all visits to the doctor, all treatments, and tests you receive. This gives the insurance company the information they need to approve or deny your claim.

There are time limits on filing a claim and receiving benefits. Report your injuries as soon as possible. Arkansas law permits reporting up to two years from the injury’s date. However, waiting too long may mean your claim is denied for lack of proof and evidence. There are some instances where you only have one year to file a claim. Ensure there are no delay reporting issues. File your claim by the book and report your accident as quickly as possible.

Filing a Claim with the AWCC for a Slip and Fall Work Accident

In most cases, no matter how the accident happened or who may be responsible, your best option is to file a claim with the Arkansas Workers’ Compensation program. A claim must be filed within two years since the first day of the work injury. The only information needed to file is proof that the injuries happened and the accident was work-related.

Not all accidents are considered to be work-related. If an employee was walking into work before their morning shift, slipped and fell on asphalt outside of their work building, this may not be considered a work-related accident. There are exceptions that your experienced workers’ compensation attorney can outline for you for situation like this.

If your situation necessitates filing a third-party claim, or you are an independent contractor, you may not be able to use the workers’ compensation system. Instead, with the help of a third party lawsuit attorney, you would go through a standard court trial or even a settlement for damages.

Third-Party Claims For Injured Arkansas Workers Infographic

Third-Party Claims For Injured Arkansas Workers Infographic

What Workers’ Compensation Benefits Include

Arkansas workers’ compensation benefits include:

  • Medical – Your employer will provide a list of approved doctors and allow you to select one, or they may choose one for you.
  • Mental Injuries – You must prove your condition was a direct result of a physical injury sustained during a work shift.
  • Rehabilitation – This may involve physical or vocational rehabilitation. A physician approves this.
  • Temporary Total Disability (TTD) – You can receive two-thirds of your average weekly wages over the past 52 weeks. However, there are maximums. 
  • Permanent Partial Disability (PPD) – If your injury permanently impairs you, you may be able to keep getting benefits when you return to work. 
  • Permanent and Total Disability – If you cannot work in any position due to your injuries, you can receive 450 weeks of workers’ compensation payments.

Benefits usually begin on the ninth day of your disability. You receive back pay on the first day of the incident if you miss more than two weeks.

Why Your Workers’ Compensation Claim May Be Denied

Contact an experienced slip and fall workers’ compensation lawyer at the Law Office of Jason M. Hatfield if your claim is initially denied. Have your claim reviewed so we can help you move forward.

Common reasons for claim denial include:

  • You did not notify your employer as soon as possible after the accident.
  • Your injury did not occur at work.
  • Disputes with an employer claiming you are not eligible for benefits.
  • You did not see an approved physician.
  • You did not follow the doctor’s orders and did not complete treatment.
  • The injury was a pre-existing condition. If the job makes it worse, you may be eligible for benefits.

Contact the Law Office of Jason M. Hatfield Today

If you were involved in a slip and fall accident, contact the Law Office of Jason M. Hatfield by calling (479) 361-3575. Our dedicated team of slip and fall accident lawyers is here to help. If you have started the process already and are experiencing problems with your employer or with filing, consult with our experienced workers’ compensation slip and fall attorneys at the Law Office of Jason M. Hatfield.

Call us today for a free initial consultation and to find out what you can expect when you file a workers’ compensation claim. We know you have questions, and we can answer them for you. The Law Office of Jason M. Hatfield is just one quick call away.

Fort Smith Personal Injury Lawyer

Fort Smith Slip and Fall Workers’ Compensation Attorneys

Fort Smith Personal Injury Lawyers

We pursue fair compensation on behalf of accident victims throughout Sebastian County

Suffering a serious injury can throw your life into a tailspin. You may suddenly find yourself in the hospital, missing weeks of work, and wondering what your future will look like. When will doctors say you can go home? When will you be able to return to work? Will there be any additional follow-up medical treatment you’ll need to pursue? How are you going to pay for all of this? These are common questions anyone would ask themselves if they were in your position. At the Law Office of Jason M. Hatfield, P.A., we are a compassionate team of Fort Smith personal injury lawyers who are here to help accident victims on their road to recovery. Our lawyers will take the time to sit down with you and listen to your story because we believe the more we know about your case, the better we can help.

Table of Contents

We handle a variety of Fort Smith personal injury cases

For more than 20 years, the Law Office of Jason M. Hatfield has provided exceptional representation to Fort Smith accident victims and their families. We believe that by holding people accountable for the harms caused by their negligent actions, we are not only helping clients, we are also helping make Arkansas a safer place. 

Accidents are one of the leading causes of preventable injury in Arkansas and across the United States. At the Law Offices of Jason M. Hatfield, we proudly represent clients who suffered injuries related to any of the following accidents.

Car Accidents

Motor vehicles are necessary in today’s society; however, our reliance on them creates a situation where many drivers overlook the dangers these vehicles present. Motorists owe a duty of care to the others on the road. This means that a driver who negligently causes a car accident that injures another motorist, passenger, bicyclist or pedestrian can be held liable for the injured party’s damages. In most cases, these Fort Smith car accident lawsuits are filed against the at-fault driver, and that driver’s insurance company has a duty to assign that negligent driver an insurance defense lawyer to defend the case under the insurance policy. A knowledgeable Fort Smith car accident lawyer can help accident victims effectively prepare their claims.
Arkansas Car Accidents Infographic

Over 500 people are killed in fatal Arkansas car accidents and another 2,000 seriously injured each year. Roughly 20 percent of all fatal traffic accidents in the state involve a driver who was under the influence of alcohol. 

Truck Accidents

Arkansas truck accidents make up only a small percentage of the total number of traffic accidents in the state. However, they comprise a much larger portion of those accidents resulting in serious or fatal injuries.

About one in six fatal Arkansas motor vehicle accidents involves a large truck like a semi-truck. 

Most truck drivers understand the dangers of driving a huge vehicle and take the necessary precautions. However, unfortunately, that is not always the case. Truck drivers are under tremendous time pressure to travel as many miles as they can each day, which increases the chances of distracted driving or drowsy driving accidents. If you or a loved one were involved in a Fort Smith truck accident, speaking with an attorney is an excellent first step to gaining a greater understanding of how to hold a negligent truck driver accountable for their actions.
Smoke rising from a truck accident on highway

Motorcycle Accidents

While many people think motorcycle accidents usually involve a single vehicle, that is not the case. 

Arkansas motorcycle accident infographic

Motorcycles are involved in about ten percent of all fatal and non-fatal traffic accidents in Arkansas.

Many people are under the false impression that most motorcycle accidents are single-vehicle accidents. However, that is not the case; more than half of all Arkansas motorcycle accidents involved at least one other vehicle.

Unfortunately, due to the lack of protection motorcycles offer to riders, injuries in these accidents tend to be severe. Even if you are wearing a helmet, you can still suffer life-changing injuries, such as a traumatic brain injury, broken bones, severe burns and more. Fort Smith motorcycle accident victims should reach out to an experienced personal injury lawyer to help them prepare their claim.

Slip and Fall Accidents

Falls are among the most common causes of injury among older adults; however, every age group is at risk. Property owners have a legal obligation to keep their property safe for invited guests. The extent of a property owner’s duty varies, depending on the type of location they own and the nature of your visit. However, typically, a landowner must warn guests of known hazards that could threaten their safety. And when it comes to business, they have a heightened duty to conduct routine inspections to discover potential hazards that could be dangerous for customers. Fort Smith slip and fall accidents can happen anywhere, including:
  • Grocery stores
  • Shopping malls
  • Department stores
  • Public buildings
  • Hospitals and doctor’s offices
  • Parking lots and parking garages
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8 Stages of the Personal Injury Lawsuit Process in Arkansas

Sustaining an injury after a severe accident can be a very stressful experience. Most people considering a personal injury lawsuit have little to no experience with the process. Going through the personal injury process with an expert attorney can make the process less intimidating & more manageable. The Arkansas personal injury lawyers at the Law Office of Jason M. Hatfield, P.A. have outlined the eight stages of how the personal injury process works in the state.

Damages in a Fort Smith Personal Injury Lawsuit

Those who successfully bring a Fort Smith personal injury lawsuit can recover financial compensation for their injuries. While every case is unique, and it’s impossible to pinpoint what a damages award will look like without an in-depth case analysis, Arkansas law generally allows accident victims to recover for their economic and non-economic damages.

Economic Damages

Economic damages pay you back for the money you were forced to spend (or could not make) because of the accident. For example, medical bills, lost wages, decreased earning capacity and property damage are all types of economic damages. Proving economic damages is generally pretty straightforward, as you can present objective evidence of the amount of damages. For instance, we can present the court with your total medical bills to prove the cost of your medical treatment. 

Non-Economic Damages

Non-economic damages, on the other hand, are a little more complicated. These damages compensate you for the emotional and psychological effect the accident had on your life. For example, the following are all types of non-economic damages:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life 
  • Loss of familial relationships

Arkansas Personal Injury Guide Infographic

If you have been injured by someone’s negligence, whether from a car crash or a construction site accident, you may be able to receive economic recovery to help you move forward with your life. Here is a quick guide to Arkansas personal injury law to help answer questions you may have.

Personal Injury Frequently Asked Questions

The most common personal injuries include:
  • Traumatic brain injuries
  • Whiplash
  • Amputations
  • Crush injuries
  • Back injuries
  • Spinal cord injuries
  • Fractures
  • Internal organ damage
  • Broken bones
  • Deep disfiguring cuts
  • Burns
  • Nerve damage
  • Paralysis
  • Scarring
  • Penetrating wounds from flying objects
  • Airbag injuries, including broken nose and/or jaw
  • Dislocations
Personal injuries are very common and each year across the nation, roughly 39 million Americans need medical treatment for a wide range of such injuries. Of great concern is the fact that medical errors and accidental injuries are the third leading cause of death.
For your personal injury attorney to help you build a case seeking compensation for your injuries, several pieces of evidence would be helpful. Those documents include:
  • Police reports
  • Statements made by witnesses
  • Survivor/client statement – this is a crucial document that outlines, in the survivor’s words what happened and how it affects their life.
  • Medical documents, including E.R. Records, doctor treatment notes, rehabilitation reports, and autopsy reports.
  • Any reports dealing with past safety concerns of a vehicle and/or past safety violations.
  • Pictures and/or video of the accident scene and injuries.
  • Any private investigation reports available (can be obtained through discovery).
  • The service history of the vehicle involved in the crash.
  • The 911 call transcript.
  • Any audio recordings available captured on a smartphone.
  • Relevant W2 forms that indicate lost wages
  • All receipts of medical expenses related to the accident, vehicle rental, payments to others to transport you.
  • Keep all your files relating to the crash together and keep a digital and physical copy. Use a spreadsheet to indicate what you have and what you still need to obtain.
Your attorney may have other documents they could use to build your case. They ask for those when they discuss your case with you when you find out your legal rights, and determine if you want to proceed with a personal injury claim.
If you have been hurt in an accident, there are some things that you need to do immediately, if possible. You want to protect your rights while seeking compensation for your injuries from an insurance company. Here are things you need to do as quickly as possible:
  • Call the police and make sure you get the accident report.
  • If possible, get the contact information of other witnesses.
  • Get medical help immediately or as soon as possible. Do not wait.
  • Describe all of your injuries no matter how small or big they are, as the doctor documents them for the medical record. These records are helpful for your personal injury attorney while seeking compensation for your injuries.
  • No matter what tests are ordered, get all of them done as instructed. Ask for x-rays, scans, or an MRI if the injuries are serious. Get the results of those tests for your attorney.
  • Do not provide “any” statement whatsoever to any insurance company, including your own. While you can notify them of the accident, do not provide any other details until you have retained a car accident attorney.
  • If you do not have an experienced car accident attorney, make sure you hire one as soon as you can.
  • Keep personal records of all your injuries, how you feel, your experiences, what medical treatment you obtained, what the outcome was, and keep receipts for all expenses related to the accident.
  • No matter how you feel, follow through on ALL doctor, therapist, and therapy appointments. Always show up and do what you were instructed to do, and do not skip any appointments.
  • Throughout this process of recovering from injuries in a car accident, dealing with insurance companies and your attorney, have patience. The process to recover compensation for your injuries can be a long one.
Personal injury cases can happen at any time and anywhere. The most common types of personal injury cases include:
  • Nursing home abuse, neglect
  • Traumatic brain injuries
  • Birth injuries
  • Aviation, boating accidents
  • Spinal cord injuries
  • Medical malpractice
  • Wrongful death claims
  • Slip and fall accidents
  • Car accident claims
  • Medical malpractice
  • Wrongful death claims
  • Dog bites
  • Defamation claims, as personal injury cases do not always involve physical injuries
  • Assault
  • Accidents in the workplace
  • Premises liability claims
  • Product liability claims
  • Construction injuries

    Contact the Law Office of Jason M. Hatfield P.A.

    While almost every accident victim can point to some type of damage they suffered due to the accident, identifying the full extent of your damages is critical to your full recovery. You only get one chance to bring a case, so you want to make sure you get it right. The Law Office of Jason M. Hatfield, P.A., represents injured workers from all over Northwest Arkansas including Fort Smith, SpringdaleFayettevilleRogersBentonville, Berryville and Harrison.

    Fort Smith Wrongful Death Cases

    Preventable accidents claim thousands of lives in Arkansas every year. Whether a loved one is lost after a motor vehicle accident, workplace accident or any other type of accident, the result is tragic. While many accident victims can physically recover from their injuries, sadly, many do not. Families who have lost a loved one in a preventable accident can pursue a Fort Smith wrongful death case against the at-fault party.

    Who can file a wrongful death lawsuit?

    A wrongful death claim is a type of personal injury case except that, instead of being brought by the accident victim, it is brought by their surviving family members. Wrongful death claims can be filed after any type of accident. The following family members can file a wrongful death claim:

    • Spouses
    • Children
    • Parents
    • Siblings
    • The personal representative of the accident victim’s estate
    What damages are available in a wrongful death lawsuit?

    The damages available through a wrongful death claim are similar to those in a personal injury claim and include:

    • Medical bills and expenses
    • Lost wages and lost earning capacity
    • Lost benefits (such as health insurance premiums)
    • Compensation for your loved one’s pain and suffering
    • Compensation for your own mental anguish

    Contact the Law Office of Jason M. Hatfield P.A.

    If you or a loved one was recently involved in a Fort Smith accident, do not hesitate to reach out to the Law Office of Jason M. Hatfield, P.A. In the aftermath of a fatal accident, families may be looking for answers that are hard to come by. At the Law Office of Jason M. Hatfield, our compassionate wrongful death lawyers can help you understand your options so you can make the decision that is best for your family. For more than two decades, attorney Hatfield and his dedicated team have served Fort Smith and the surrounding communities. As skilled negotiators, we can often resolve our clients’ cases without the need for a trial; however, we are also aggressive litigators and will not hesitate to take your case to trial if the insurance company is not willing to offer a fair settlement offer. To learn more and schedule a free consultation with a Fort Smith, personal injury lawyer, give us a call today at 479-361-3575. Calling is free, and we will not bill you for our services unless we can help you recover compensation for your injuries.

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