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Can an Individual Be Sued for a Workplace Injury in Arkansas?

Individuals who get a workplace injury in Arkansas are intended to receive monetary gains under Arkansas Workers’ compensation law. It provides a cover for their medical treatment and the loss of salary. However, in several instances workers are permitted to file for worker’s compensation against another individual or employer. Arkansas workers’ compensation attorneys would typically discuss the factors that play a significant role while suing for a workplace injury.

Arkansas Workers Compensation Versus Personal Injury Lawsuits:

Numerous workers in Arkansas suffer serious and severe injuries during the job. Many people think of injuries and bruises occurring at high-risk jobs or construction sites.  However, injuries take place in almost every employment. In any type of injury, an employee can seek compensation through worker’s compensation claims if injuries are incurred on the job.

It is still a daunting task, however. It is inevitable to have a representation of a professional and experienced worker’s compensation lawyer to avoid any predicament.

Workers’ compensation is designed to allow injured workers to obtain monetary benefits without proving fault in court. Worker’s compensation has a lot of drawbacks along with benefits attached to it. Proof of medical treatment is needed, and the exact amount of the lost wages also would need to be calculated that an employee would typically receive.

In a personal injury lawsuit, an injured party has to establish that the other party is negligent in their actions. A hurt worker would be able to recover their lost income fully and their non-economic damages if established successfully. However, under Arkansas law, an employee is prohibited from suing their employers. Fortunately, it is not extended to third-party or individuals.

Suing a Co-Worker for a Workplace Injury in Arkansas:

The motive behind the worker’s compensation law is to facilitate injured workers more quickly, swiftly, and smoothly, in case they are injured on the job. As mentioned above, a benefit comes along with few limitations. Generally, Employers are immune from being sued for workplace injuries and bruises. Arkansas is one of the four states that permit workers to file personal injury lawsuits against a co-worker.

Suffering an injury doesn’t give you a license to sue a fellow employee. The negligence in their conduct must be a contributing factor to the injury. Another worker can be held answerable if the actions were intentional.  For instance, if a fellow employee deliberately pushed you down on the stairs, they could be held accountable for the injuries suffered.

Another employee doesn’t necessarily intend to harm you to hold you responsible for an injury. For example, if a fellow employee was driving you to an off-site location within the scope of their/your job and was involved in a car accident due to over-speeding or reckless driving, you can hold them liable for their negligence.

Third-Party Lawsuits for Work-Related Injuries:

Several injuries in the workplace are a direct consequence of carelessness and negligent conduct of a third party not related to work. Our attorneys will thoroughly review the facts, figures, and pieces of evidence involved. It will determine if a third party can be held accountable for the harm or damage.

A workplace injury in Arkansas could be caused by another motorist’s carelessness due to texting, drinking, or otherwise. However, it could certainly endanger many lives. You are permitted to bring in a claim against the negligent driver in this scenario.

More examples of third-party that could be contributing factors include a delivery person who carelessly stocked boxes of paper or other materials. Another example could be of an electrician leaving live wires uncovered or exposed in an office, or a building manager who fails to address poor lighting. Third-party claims do not prohibit you from pursuing worker’s compensation. Here, it’s essential to talk to a workers’ compensation lawyer for a better understanding of your legal rights and viable options.

Call Us for a Worker’s Compensation Attorney:

Worker’s injuries could be devastating causing a lot of agony and pain not only to the individual but also to their families. Moreover, it can put a financial constraint on the dependents of the injured worker. Worker’s compensation benefits are always there to support. However, they might not be sufficient to cover the damages. Attorneys will assist any form of workplace injury in Arkansas to navigate the extent and complications associated with worker’s compensation laws.

An attorney would be determined to hold anyone responsible and accountable for their negligence and the damage it caused. It would greatly help injured workers and their families to receive additional compensation for such critical times.

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