In most Arkansas Workers’ Compensation Commission (AWCC) cases, filing an injury claim with the Arkansas Workers Compensation Commission is the only remedy. It also does not require workers to prove any fault. No matter what type of industry a person works in, there is always a risk of obtaining severe injuries on the job. If an injury happens at the workplace during one’s daily job duties, the injured employee may seek compensation by filing a workers’ compensation claim.
If a third party is involved in causing a worker’s injuries or death, it does not affect the worker’s rights, or the rights of their dependents, to launch a claim or court action against a third party. A third-party lawsuit is a civil action and typically involves proving negligence. Arkansas is one of four states that allow workers to file personal injury lawsuits against a co-worker.
Various rules, regulations, restrictions, and exceptions complicate workers’ compensation claims. This is why the Fort Smith Law Office of Jason M. Hatfield offers you outstanding legal representation in not only any aspects of a workers’ compensation claim but in representation for a third-party lawsuit. We can explain that to you while discussing your case and determine that you may be able to file a third-party lawsuit to seek compensation for your injuries.
Sustaining severe injuries is no joke and should be taken seriously. Navigating a third-party lawsuit and trying to understand Arkansas law alone is not ideal. Only an experienced Fort Smith third-party lawsuit attorney can help determine what type of case you have, craft an effective strategy, and fight on your behalf.
Negligence must be present if you wish to file a third-party claim due to a workplace incident. An injured employee would be considered the plaintiff, and the employer would be considered the defendant.
The short answer is usually no. Being injured by a co-worker does not grant a person permission to file a lawsuit. An injured employee must prove that specific conduct from another worker were intentional.
On the other hand, if you were in a truck heading to another job site and the driver of the car was negligently speeding and involved in a collision, the driver could be held liable for any injuries you sustained.
It is essential to know that third-party claims do not prohibit you from filing a workers’ compensation claim. At the Fort Smith Law Office of Jason M. Hatfield, we can explain all your legal options and rights to allow you to make an informed decision about your course of action.
Yes, the AWCC can deny your claim. The primary goal of an insurer is to make profits. That provides a strong incentive to deny claims, even valid ones. If there is a reason for an insurance company to reject your request for workers’ compensation, it probably will. Go HERE to find out why your workers’ compensation claim was denied.
Due to the complexity of this type of issue, checking in with an experienced personal injury attorney who also works with workers’ compensation claims is the best of both worlds.
The Fort Smith Law Office of Jason M. Hatfield can explain all the angles to you, how the process works, what you may expect, what roadblocks you may encounter, and what your legal rights are.
Workers’ compensation allows injured workers to obtain financial benefits without proving fault in court. Proof of medical treatment is needed, and the amount of the lost wages would also be calculated.
In a personal injury lawsuit, an injured party must establish that the other party is negligent in their actions. A hurt worker could recover their lost income and non-economic damages successfully. For further information on this issue, go HERE.
Each case is different and before you file any documents, discuss your case with an experienced Fort Smith workers’ compensation and personal injury attorney.
The Law Office of Jason M. Hatfield, P.A. represents workers’ compensation claims from Northwest Arkansas, including Fort Smith, Rogers, Springdale, Fayetteville, Bentonville, Berryville, and Harrison. Call us today for your free consultation at (479) 361-3575.