Little Rock Construction Accident Lawyer
A Little Rock construction accident lawyer may be able to assist those who have been injured or the families of those killed in a job site accident. Arkansas workers’ compensation laws provide a number of benefits to workers who have been injured on the job. However, those benefits may not be enough to completely compensate injured individuals for disabilities or permanent losses incurred as a result of a construction accident. If you have been injured due to the negligence of another while working at a construction site, you may be eligible to recover additional compensation with the help of a personal injury attorney.
If you have been injured, or if a loved has been killed, you may be entitled to compensation. Contact a construction accident lawyer at Linville Johnson today. You can fill out the form on this page, call us at 501-777-7777 or email us at [email protected].
There is no cost to speak with us. If you choose to pursue a claim, you pay no upfront fees or expenses. Our fees are based solely on the recovery made on your behalf. If there is no recovery, you pay nothing.
Why Hire a Construction Accident Lawyer in Little Rock?
Successful litigation of a serious or fatal Construction accident can be a complex process, requiring specialized knowledge, skills and experience. In some cases, more than one party may be held accountable for the injuries sustained by a bicyclist or other type of cyclist, including the driver of the vehicle, the manufacturer of the vehicle or parts responsible for the accident, or a mechanic who failed to ensure safe operation of the vehicle or part.
Construction Accidents and Occupational Safety and Health
Historically, federal enforcement of workplace safety has been minimal. By the 1960s, industrial production coupled with a growing awareness of the environmental impact of chemicals and other compounds used in manufacturing led federal leaders to begin considering regulations regarding worker health and safety.
In 1970, President Richard Nixon signed the Occupational Safety and Health (OSH) Act. The federal law requires that employers provide employees with a safe working environment free from recognized hazards, including exposure to toxic chemicals, mechanical dangers or unsanitary conditions.
The Act created the Occupational Safety and Health Administration (OSHA) as an agency under the United States Department of Labor responsible for “assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.”
Construction Accident Injuries and Causes
According to the Bureau of Labor Statistics, a total of 4,836 workers were killed in the United States in 2015. Of those fatalities, 937 were in private sector construction accidents, representing the highest total of deadly injuries since 2008.
Several types of construction occupations, including construction laborers, carpenters, electricians, plumbers, pipefitters and steamfitters, saw an increase in fatal construction accidents in 2015.
Leading causes of private sector construction injury deaths were caused by falls; objects striking workers; electrocution; and workers being caught in or between equipment, structures, or other materials.
Other causes of construction accidents include:
- Poor safety precautions
- Inadequate training
- Improper use or maintenance of equipment or machinery
- Defective equipment
- Mechanical hazards
- Toxic chemicals
The most frequently cited OSHA construction standards violations between October 1, 2015, and September 30, 2016, include the lack of fall protection, scaffolding and ladder issues, respiratory protection, and electrical safety.
Construction Laws in Arkansas and Little Rock
Under the OSH Act, individual states may implement and administer their own laws and regulations regarding private sector businesses and nonprofit organizations with the approval of the federal government. According to the Arkansas Department of Labor, most private sector employees and employers are covered by the federal government. However, a division of the Arkansas Department of Labor known as Arkansas Occupational Safety and Health is responsible for public sector employment in the state, including occupations in the construction industry.
What is Workers’ Compensation?
Workers’ compensation is a type of insurance that provides wage replacement and medical benefits to employees who have been injured. Workers’ compensation can be beneficial to those workers who have been seriously injured and often provide those injured medical care, temporary disability, permanent disability, and vocational rehabilitation.
In Arkansas, workers’ compensation laws are enforced by the Arkansas Workers’ Compensation Commission (AWCC). Almost every worker in Arkansas is protected by the state’s workers’ compensation laws with the exception of agricultural farm labor, domestic help, or employment by non-profit, religious, charitable or relief organizations.
According to the AWCC, workers’ compensation in Arkansas “covers accidental injuries which arise out of, and in the course of employment, cause internal or external harm to the body, are caused by a specific incident and are identifiable by time and place of occurrence.”
Arkansas law provides three kinds of workers’ compensation benefits: (1) medical care to treat the injury, including medication, hospital costs, fees for lab tests, x-rays, and crutches; (2) rehabilitation services; and (3) cash payments in the form of temporary total disability benefits.
Workers’ Compensation May Not Be Enough
In some cases, workers’ compensation may not be enough for an injured party. If an employer has workers’ compensation insurance, he or she is typically provided immunity from personal injury lawsuits. Workers’ compensation does not prohibit lawsuits against employers if the injury was proven to be intentional. However, it is relatively more common to work with a construction accident attorney to file claims against a third party such as:
- The construction site owner
- General and sub-contractors
- Prime contractors
- Architects and engineers
For this reason, it is important to seek legal counsel from a Little Rock construction accident attorney because there may be more than one party liable for your injuries. A construction accident attorney may be able to protect your legal rights and help you to recover compensation for your condition.
What Happens After You Hire a Construction Accident Lawyer?
If you have been injured, or have lost a loved one, as a result of a serious or fatal construction accident, a Little Rock construction accident attorney can help guide you through the legal process. Once an attorney with Linville Johnson has been contacted, you will be asked about the accident and any related injuries.
There is no obligation to hire an attorney. However, if you agree to be represented by an attorney with Linville Johnson, you will be asked to sign a fee agreement that explains the terms and conditions of the representation as well as the fee to be charged in the event of a recovery on your behalf.
In some cases, an attorney may be able to settle a claim with the insurance company without having to go to court. If a case cannot be settled, it will possibly be necessary to file a lawsuit on your behalf in which you will potentially need to provide additional information and testimony in a deposition.
Should your case go to trial, your attorney will appear with you in court to represent you in front of the judge or jury. While the amount of compensation you recover depends on the facts of the case, it is important to remember that compensation is never guaranteed and the results of another Construction accident lawsuit may not indicate the outcome of a similar case.
How a Little Rock Construction Accident Lawyer Can Help
People who are injured in construction accidents caused by the negligence of another, whether that driver was speeding or is otherwise at fault, may be entitled to compensation for damages resulting from their injuries, including:
- Medical expenses
- Loss of income or ability to work
- Pain, suffering, and mental anguish resulting from an injury
The families of those killed in a fatal construction accident may be eligible to recover money for funeral expenses and the pain that comes with losing a loved one.