A construction site can change in an instant, even with countless safety measures in place. One moment you are doing your job, the next you are dealing with a serious injury that affects your ability to work, support your family, and move forward. When that happens, the path ahead is not always clear, especially when you are being told that workers’ compensation is your only option.
At LeVar Law Injury & Accident Lawyers, we represent injured construction workers across Faulkner County who need real answers about their options after a construction accident. Our Conway personal injury attorneys look beyond the surface of your claim to determine whether additional legal action may be available. For a free consultation, contact our law firm today.
Navigating the Aftermath of a Construction Accident in Conway
Construction accidents are rarely simple. After an injury, you may be dealing with emergency medical care, time away from work, and pressure from employers or insurance companies. In many cases, injured workers are encouraged to file a workers’ compensation claim and leave it at that.
Workers’ Comp Isn’t Always Enough
While workers’ compensation plays an important role, it is not always the full picture. These claims typically cover medical bills and a portion of lost wages, but they do not account for the broader impact of a serious injury. Pain, long-term disability, and the disruption to your life often go unaddressed.
A construction accident lawyer in Conway can step in to evaluate the full scope of what happened. That includes identifying all responsible parties, preserving evidence, and determining whether a separate personal injury claim should be pursued alongside your workers’ compensation case.
Why Workers’ Compensation May Not Be Your Only Legal Option
Workers’ compensation is designed to provide benefits regardless of fault, but it comes with limitations. One of the most important limitations is that it generally prevents you from suing your employer directly.
However, many construction sites involve multiple companies working together. General contractors, subcontractors, equipment suppliers, and property owners may all play a role in daily operations. When one of these parties contributes to unsafe conditions, they may be held accountable through a third-party claim.
We Can Help Determine If You Can File a Third-Party Claim
A Conway construction injury attorney will look closely at the facts of your case to determine whether someone outside your employer bears responsibility. These claims can provide compensation that goes beyond what workers’ compensation offers, including damages for pain and suffering.
Common Causes of Construction Site Injuries in Faulkner County
Construction sites are inherently dangerous, but many accidents are preventable. When safety standards are ignored or shortcuts are taken, the risk of serious injury increases significantly. Some of the most common causes of construction accidents in Conway include:
Unsafe Scaffolding
Unsafe scaffolding or elevated work platforms often lead to falls from significant heights. These incidents frequently result in broken bones, spinal injuries, or traumatic brain injuries.
Heavy Machinery
Heavy machinery accidents can occur when equipment is not properly maintained or when operators are not adequately trained. Forklifts, cranes, and excavators all pose serious risks when used improperly.
Unsafe Electricity Sources
Electrical hazards remain a constant threat on construction sites. Exposed wiring, faulty grounding, and contact with power lines can cause severe burns or fatal injuries.
Unsecured Objects
Falling objects are another major concern. Tools, materials, or debris dropped from above can strike workers below, even when basic precautions should have been in place.
In many of these situations, a thorough investigation reveals that safety protocols were either ignored or not enforced. Our Conway construction accident law firm can work to uncover these failures and hold the responsible parties accountable.
Establishing Liability: Is a Third Party Responsible for Your Accident?
Determining liability after a construction accident requires a detailed review of the worksite, contracts, and safety practices in place at the time of the incident.
Third-party liability often arises in situations involving:
- Subcontractors who fail to follow safety procedures or create hazardous conditions that affect other workers on site.
- Property owners who do not maintain safe premises or fail to warn workers about known dangers.
- Equipment manufacturers that produce defective tools or machinery that malfunction during normal use.
- Vendors or suppliers who provide faulty materials that contribute to an accident.
Identifying these parties is critical because it opens the door to a personal injury claim. Unlike workers’ compensation, these claims allow for a broader range of damages and often reflect the true impact of a serious injury.
The Focus Four: Addressing OSHA’s Most Dangerous Construction Hazards
The construction industry has long recognized four primary hazards responsible for a large percentage of serious injuries and fatalities. These are commonly referred to as the Focus Four (previously the Fatal Four).
- Falls remain the leading cause of death on construction sites. Whether from scaffolding, ladders, or roofs, these incidents are often preventable with proper fall protection systems.
- Struck-by accidents occur when workers are hit by moving vehicles, falling objects, or swinging equipment. These injuries can be severe and frequently involve multiple parties.
- Electrocutions result from contact with live wires or improperly secured electrical systems. These incidents often point to failures in basic safety practices.
- Caught-in or caught-between accidents happen when workers are trapped between equipment or materials. These situations are particularly dangerous and often fatal.
Federal and Arkansas state safety standards are in place to address these risks, including the federal Occupational Safety and Health Administration (OSHA) construction industry standards and Arkansas Occupational Safety and Health guidelines. When these standards are violated, it may serve as strong evidence in a third-party construction claim in Arkansas.
Understanding Arkansas Modified Comparative Fault in Workplace Claims
Arkansas follows a modified comparative fault system, which means that your ability to recover damages may depend on your level of responsibility for the accident.
If you are found to be partially at fault, your compensation may be reduced by your percentage of fault. However, as long as you are less than 50% responsible, you may still recover damages.
How Insurance Companies May Use Partial Fault Against Workers
This becomes particularly important in construction cases, where multiple parties often share responsibility. Insurance companies may attempt to shift blame onto the injured worker to limit their exposure.
A Conway construction injury attorney can push back against these tactics by presenting evidence that clearly establishes how the accident occurred and who is truly responsible. Even if your employer or other parties insist you are largely at fault, that doesn’t mean that’s accurate from a legal perspective. You need to consult with a qualified construction accident attorney who is familiar with how fault is assigned in these cases.
Types of Recoverable Damages: Beyond Basic Workers’ Comp Benefits
Workers’ compensation provides limited benefits, but a successful third-party claim can significantly expand the types of damages available. In addition to medical expenses and lost wages, injured workers may be able to recover compensation for pain and suffering. This reflects the physical and emotional toll of a serious injury.
Loss of earning capacity may also be considered if the injury affects your ability to work in the future. For many construction workers, this can be one of the most significant aspects of a claim. Other damages may include rehabilitation costs, long-term care, and compensation for permanent disability.
In cases involving fatal construction accidents, surviving family members may have the right to pursue a wrongful death claim.
Why Conway Construction Workers Trust LeVar Law Injury & Accident Lawyers
Construction accident cases require a firm that is prepared to take on complex claims and stand up to large companies and insurers.
A History of High-Stakes Representation
LeVar Law Injury & Accident Lawyers has a history of representing injured individuals in high-stakes cases. Our approach focuses on building strong claims supported by evidence, expert analysis, and a clear understanding of Arkansas law.
We Always Pursue Maximum Compensation
We understand the challenges that come with a serious construction injury. From the initial investigation through the resolution of your case, whether that’s through a settlement agreement or by fighting for you in court, our goal is to pursue the full compensation you deserve, not just the minimum offered.
Free Consultations and Spanish-Speaking Legal Services
Further, our legal team offers free consultations for all construction accident victims. Our Spanish-speaking team members are also here to offer assistance if you’re more comfortable having your consultation in Spanish.
Frequently Asked Questions About Construction Accident Claims
Can I sue my employer for a construction accident in Arkansas?
In most cases, workers’ compensation is the exclusive remedy against your employer. This means you typically cannot file a personal injury lawsuit directly against them. However, you may still have the right to pursue claims against third parties such as subcontractors, equipment manufacturers, or property owners whose actions contributed to your injury.
What is the difference between a workers’ comp claim and a personal injury lawsuit?
A workers’ compensation claim provides limited benefits, including medical expenses and partial wage replacement, regardless of fault. The Arkansas Workers’ Compensation Commission (AWCC) provides a variety of resources that can assist you in your research. A personal injury lawsuit, on the other hand, allows you to seek a broader range of damages, including compensation for pain and suffering and other non-economic losses.
How long do I have to file a construction injury claim in Conway?
In Arkansas, the statute of limitations for most personal injury claims is three years from the date of the accident. Workers’ compensation claims have much shorter notice requirements, so it is important to act quickly.
What if my accident was caused by a defective tool or machinery?
If a defective tool or piece of equipment caused your injury, you may have a product liability claim against the manufacturer or distributor. These claims focus on whether the product was unsafe due to design defects, manufacturing errors, or inadequate warnings.
Contact Our Conway Construction Accident Attorneys Near You
If you have been injured on a construction site, workers’ compensation may not be the end of the road. Additional claims could provide the financial support you need to recover and move forward. LeVar Law Injury & Accident Lawyers is ready to evaluate your case and help you determine the best path forward. To schedule your free consultation, contact our law firm today.