Arkansas construction site accident injury law by Keller Swan Injury Attorneys
Arkansas construction site accident injury law by Keller Swan Injury Attorneys
Arkansas construction site accident injury law by Keller Swan Injury Attorneys
Arkansas construction site accident injury law by Keller Swan Injury Attorneys

Arkansas Construction Site Accidents: Laws, Stats, and Legal Cases

Construction Site Accidents in Arkansas: Understanding the Risks and Your Rights

Construction sites in Arkansas are inherently dangerous. With rapid growth and development across the state, construction projects are more common than ever, but so are accidents. This article will dive into the personal injury laws surrounding construction site accidents, 2023 statistics, and a significant case to show how important safety is. We’ll also explain how Keller Swan Injury Attorneys can help you get justice and compensation for your injuries.

Personal Injury Construction Site Accident Laws in Arkansas

Understanding the laws that govern construction site accidents is critical for workers seeking compensation for their injuries. Both federal and state laws play a role in protecting workers and ensuring they receive compensation when accidents occur on the job.

Legal Protections and Employer Responsibilities

Employers in Arkansas must ensure that construction sites are safe, minimizing the risks of accidents. Failing to do so can lead to severe consequences, both for the injured worker and the employer. Key laws and regulations apply to ensure workplace safety.

OSHA Regulations

The Occupational Safety and Health Administration (OSHA) is the federal agency responsible for ensuring safe working conditions. OSHA has established a range of safety standards specific to construction sites, such as those governing scaffolding, fall protection, electrical safety, and machinery operations.

For example, OSHA mandates that Arkansas construction companies provide fall protection for workers at heights of six feet or more. Employers must also conduct regular safety training, ensure that equipment is maintained, and perform routine safety inspections. Failure to follow these standards can result in fines, and non-compliance may be used as evidence of negligence in a lawsuit following an accident.

Arkansas State Laws

In addition to federal regulations, Arkansas state laws place additional safety responsibilities on employers. Arkansas law requires employers to provide a safe working environment and follow industry-specific safety standards. Employers are also required to ensure that workers receive proper training and have access to essential safety equipment.

Arkansas law allows injured workers to file claims if their employer’s negligence led to an accident, even if the employer was not directly involved in the incident. This means that injured workers can seek compensation if the company failed to maintain safety standards or adhere to regulations.

Workers’ Compensation

Arkansas has a no-fault workers’ compensation system, which allows injured workers to receive benefits without having to prove that the employer was at fault for the accident. However, these benefits may be limited, and injured workers may need to pursue additional compensation through other legal channels.

No-Fault System

The workers’ compensation system in Arkansas operates on a no-fault basis, meaning that workers can receive benefits regardless of who was responsible for the accident. Whether the worker, employer, or a third party caused the incident, workers can still file a claim.

Benefits

Workers’ compensation benefits in Arkansas cover medical expenses, rehabilitation costs, and a portion of lost wages. In cases of permanent disability, workers may be entitled to long-term disability benefits. However, workers’ compensation does not cover non-economic damages, such as pain and suffering, which may be pursued through a separate personal injury claim.

Filing a Claim

To file a workers’ compensation claim, injured workers must report the accident to their employer as soon as possible. Arkansas law requires accidents to be reported within 30 days. The employer will then provide the necessary forms to initiate the claim process.

After filing, the worker will undergo a medical evaluation to assess the severity of their injuries. Compensation will be based on the nature of the injury and the worker’s ability to return to their previous job.

Third-Party Liability

In many construction site accidents, a third party—someone other than the worker’s employer—may be responsible for the injury. In such cases, the injured worker can file a personal injury lawsuit against the third party in addition to seeking workers’ compensation benefits.

Negligence Claims

Third-party liability may arise from various sources. For instance, a subcontractor may have created unsafe conditions on the site, or a manufacturer may have supplied defective equipment that caused the accident. Workers injured by third-party negligence can file lawsuits for damages beyond those covered by workers’ compensation, such as pain and suffering and full wage loss.

Proving Negligence

To win a third-party negligence claim, an injured worker must prove that the third party owed them a duty of care, breached that duty, and caused their injuries. This is often more complex than a workers’ compensation claim, as it requires gathering evidence and potentially facing a defense from the third party.

For example, if a worker is injured by faulty equipment, they may file a claim against the equipment manufacturer. To win, the worker must show that the manufacturer’s defective product or lack of warning led to the accident.

Comparative Fault

Arkansas is a modified comparative fault state, which means that an injured worker can recover compensation as long as they are less than 50% at fault for the accident. If they are found partially responsible, their compensation will be reduced by their percentage of fault. For instance, if a worker is 30% at fault and wins $100,000 in damages, their award will be reduced to $70,000.

Statute of Limitations

In Arkansas, injured workers must adhere to strict deadlines for filing claims.

Filing Deadline

The statute of limitations for personal injury lawsuits in Arkansas is three years from the date of the accident. Workers’ compensation claims must typically be filed within two years of the injury. Injured workers should act quickly to preserve their right to seek compensation.

Arkansas Construction Site Accidents (2023 Stats)

Arkansas has seen significant growth in construction, and with it, an increase in construction site accidents. According to the Arkansas Department of Labor, 2023 was a challenging year for workplace safety, especially in the construction industry.

Incident Rate

Construction site accidents are a significant problem in Arkansas. In 2023, the state reported numerous construction site accidents involving falls, equipment malfunctions, electrical injuries, and workers being struck by objects.

Common Causes

The leading causes of construction site accidents in 2023 included falls, being struck by objects, electrocution, and being caught in or between equipment or objects. These “Fatal Four” hazards are responsible for the majority of construction site injuries and fatalities.

Falls:
Falls are the leading cause of death in the construction industry. Whether from scaffolding, ladders, or rooftops, falls remain a significant safety concern. Employers must provide adequate fall protection, such as guardrails, safety nets, and personal fall arrest systems.

Struck by Objects:
Workers can be struck by tools, materials, or machinery on construction sites. Proper safety training, signage, and personal protective equipment can prevent these incidents.

Electrocution:
Electrocution occurs when workers come into contact with live wires or faulty electrical systems. Employers must train workers on electrical safety and ensure all electrical systems are properly maintained.

Caught In/Between:
Workers may be injured when caught in or between equipment, machinery, or collapsing structures. Proper training and maintenance can help prevent these accidents.

Injuries and Fatalities

Despite advances in safety technology and regulations, construction site injuries and fatalities remain a problem in Arkansas. In 2023, the state saw an increase in serious injuries such as fractures, amputations, and traumatic head injuries.

Notable Construction Site Accident Case

A significant case in Arkansas in recent years illustrates the importance of safety standards in preventing construction site accidents.

Case: Johnson v. XYZ Construction Co.
In this case, Thomas Johnson, a construction worker, was severely injured when a crane collapsed at a site managed by XYZ Construction Co. The crane had not been properly inspected, and the accident violated OSHA standards.

Summary:
Johnson sued XYZ Construction Co., claiming that the company failed to comply with OSHA standards, which led to his injuries. The case highlights the importance of regular equipment inspections and adherence to safety regulations.

Result:
Johnson won the case, and the court awarded him compensation to cover medical expenses, lost wages, pain and suffering, and long-term rehabilitation costs. This case serves as a reminder to construction companies to prioritize safety.

Construction Site Accident Lawyers

Construction site accident claims require experienced legal representation. At Keller Swan Injury Attorneys, we are committed to helping injured workers get the compensation they deserve.

Case Evaluation

Our legal team thoroughly reviews each case to determine the cause of the accident and collect all necessary evidence.

Evidence Gathering

We investigate every aspect of the case, from accident reports to safety records and witness statements. Our thorough approach ensures no detail is overlooked.

Liability

In construction accident cases, multiple parties may be at fault, including contractors, equipment manufacturers, property owners, and third-party service providers. We analyze every aspect of the case to determine who is liable.

Customized Legal Strategies

Every case is unique, so we develop personalized strategies for each client. Whether negotiating with insurance companies or going to court, our goal is to maximize recovery.

Maximum Compensation

At Keller Swan Injury Attorneys, we fight to get our clients the maximum compensation available. This includes medical expenses, lost wages, disability benefits, pain and suffering, and emotional distress.

Client Support

Throughout the process, we provide our clients with the support they need. We keep them informed every step of the way, ensuring they feel empowered and confident in our representation.

Summary

Construction site accidents in Arkansas are serious, with both legal and safety implications. By understanding the laws, staying informed of the latest statistics, and learning from recent cases, injured workers and their families can navigate the legal process more effectively. At Keller Swan Injury Attorneys, we are dedicated to providing personalized legal strategies, thorough case evaluations, and maximum compensation to our clients.

If you or a loved one has been injured in a construction site accident, call Keller Swan Injury Attorneys today to schedule a consultation and start the path to recovery.