Arkansas Third-Party Workers' Injury Claims Lawyer by Joseph Gates

Описание: Arkansas Third-Party Workers' Injury Claims Lawyer by Joseph Gates

If you were hurt on the job in Little Rock, Arkansas and someone outside your employer caused the harm, you may have two paths to recovery: a workers’ compensation claim through the Arkansas Workers’ Compensation Commission and a third-party personal injury lawsuit in Pulaski County Circuit Court or federal court. This overview explains how third-party workers’ injury claims work in Arkansas and how a lawyer can coordinate both matters so you pursue every available source of compensation.

Gates Law Firm PLLC
2725 Cantrell Rd Ste 200, Little Rock, AR 72202, United States
(501) 779-8091
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Workers’ compensation under the Arkansas Workers’ Compensation Act can pay medical treatment, temporary disability benefits at two-thirds of your average weekly wage, permanent partial disability based on an impairment rating, and vocational rehabilitation. Arkansas Code § 11-9-105 generally gives employers and coworkers immunity from ordinary negligence lawsuits, so workers’ comp often becomes the starting point. It does not pay pain and suffering, full lost wages, future lost earning capacity, or loss of enjoyment of life. A third-party workplace injury claim lets you pursue full damages from negligent drivers, equipment manufacturers, property owners, contractors, or other responsible parties while you keep workers’ comp benefits.

Third-party claims often arise from defective equipment and product liability. Forklifts, table saws, industrial presses, hydraulic lifts, power tools, and industrial chemicals can cause severe harm when a design defect, manufacturing defect, or failure to warn makes a product unreasonably dangerous. A claim may proceed even when the manufacturer is headquartered outside Arkansas under AR Code § 16-4-101 if the injury occurred in the state.

Motor vehicle crashes during work hours also trigger third-party claims. If a driver runs a red light and hits a work vehicle on Cantrell Road or at Cantrell Road and Shackleford Road, Arkansas’s fault-based system allows a claim against the at-fault driver and, in some cases, the driver’s employer under respondeat superior. Arkansas Code § 27-22-104 sets minimum liability coverage, but serious injuries can exceed minimum limits, so identifying all insurance policies matters.

Construction and premises cases involve general contractors, subcontractors, property owners, and occupiers. When a general contractor retains control over job site safety or a property owner fails to correct a known hazard, liability can follow. Comparative fault can allocate responsibility among at-fault parties, including an immune employer, which may affect the final award against a third party.

After an incident, report it promptly, seek medical care, and preserve evidence. Photograph defective equipment, unsafe conditions, vehicle damage, and injuries. Gather witness contact details and keep accident reports, medical records, prescription receipts, and wage statements. Avoid recorded statements to third-party insurers without counsel.

Subrogation under Arkansas Code § 11-9-410 can create a workers’ comp lien on a third-party recovery, but fee and cost sharing rules apply and lien negotiation can increase net recovery. Arkansas Code § 16-56-105 sets a three-year statute of limitations for personal injury lawsuits, so early action helps protect the claim.

Damages in a third-party case can include past and future medical expenses, full lost wages, loss of earning capacity, household services, emotional distress, disfigurement, loss of consortium, and punitive damages when reckless conduct exists. To discuss a Little Rock third-party workplace injury claim, contact Joseph Gates at Gates Law Firm, PLLC at (501) 779-8091 for a free consultation.

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