Northwest Arkansas is one of the most actively developed regions in the country, and Bentonville sits at the center of that growth. Active construction means active risk. When a worker is hurt on a jobsite, the legal path forward is rarely as simple as filing a claim and waiting for a check.
Workers’ compensation covers some losses but not all of them. In many construction accidents, a party other than the employer carries legal responsibility for what happened.
At LeVar Law Injury & Accident Lawyers, our Northwest Arkansas construction injury attorneys understand what your options actually are. For a free consultation with our construction accident lawyers in Bentonville, AR, contact our law firm online.
Construction Accidents in Bentonville: What Legal Options Injured Workers Actually Have
If you suffered an injury on a construction site in Arkansas, you likely have two options for compensation:
- A Workers’ Compensation Claim: Workers’ compensation is a no-fault system providing medical benefits and partial income replacement regardless of who caused the accident.
- A Third-Party Injury Lawsuit: A third-party personal injury claim is separate and runs independently of any workers’ comp proceedings. It can recover what workers’ comp does not.
Each track has different deadlines and different evidence standards, so understanding both from the start is essential.
Most Common Construction Site Accidents and Focus Four Hazards
OSHA identifies four hazard categories responsible for the majority of construction fatalities nationwide, known as the Focus Four. They are falls, struck-by incidents, caught-in or caught-between accidents, and electrocutions. Together, these four categories consistently account for roughly 60% of construction worker deaths each year.
- Falls: From scaffolding, ladders, rooftops, and elevated platforms are the leading cause of construction fatalities.
- Struck-By Incidents: Workers hit by falling objects, swinging equipment, or vehicles operating on or near the site.
- Caught-In or Caught-Between: Workers trapped in machinery, between equipment and a fixed surface, or in trench collapses.
- Electrocutions: Contact with live wires, unguarded electrical panels, and overhead lines.
Potential Accidents Beyond the Focus Four
Beyond the Focus Four, construction accident cases in the Bentonville area may also involve:
- Scaffolding collapses
- Crane and heavy equipment failures
- Toxic chemical exposure
- Vehicle collisions in active work zones
Many of these accidents involve violations of OSHA standards, which can be powerful evidence of negligence in a third-party claim.
Workers’ Comp vs. Third-Party Lawsuits: How These Claims Differ
Workers’ compensation and third-party personal injury claims operate on entirely different rules, and confusing them is one of the most common mistakes injured construction workers make.
Workers’ Compensation
Under the Arkansas Workers’ Compensation Act, Ark. Code Ann. § 11-9-105 establishes that workers’ compensation is the exclusive remedy against an employer for most work injuries. This means an injured worker generally cannot sue their direct employer for negligence in civil court.
The trade-off is access to no-fault benefits: medical treatment, temporary total disability payments covering roughly two-thirds of the worker’s average weekly income, and permanent impairment benefits for lasting disabilities. It pays no compensation for pain and suffering, caps income replacement at a fraction of actual income, and does not account for reduced earning capacity beyond the impairment rating formula.
Third-Party Personal Injury Claims
A third-party civil lawsuit fills those gaps. A successful claim against a negligent third party can recover full lost income, pain and suffering, and future medical costs.
If you need to file a workers’ compensation claim in Arkansas, the Arkansas Workers’ Compensation Commission maintains the necessary forms. For the third-party claim, that is where our team comes in.
Who Can Be Liable Beyond Your Employer
On a multi-contractor construction site, liability does not always rest with the most obvious party. Our construction accident attorneys review the full structure of every project and every contractor relationship before building a claim.
General Contractors
General contractors must maintain safe conditions for all workers on the project, not just their own employees. When a subcontractor’s worker suffers an injury because the GC failed to enforce safety protocols, the general contractor may be liable as a third party.
Subcontractors
Subcontractors other than your employer can be liable if their work created the hazard that injured you. On large multi-trade projects, several subcontractors may share responsibility for a single accident.
Property Owners
Property owners who retained control over site conditions, or who failed to disclose known hazards, may carry liability alongside the contractors they hired.
Equipment Manufacturers and Drivers
Equipment manufacturers and rental companies can be liable when a defective tool or machine contributed to the injury. Drivers who cause accidents in or near a work zone may also expose their employer to a claim.
What Compensation Can Cover
The compensation available in a construction accident case depends on which claims apply. When both workers’ compensation and a third-party lawsuit are in play, the combined recovery can be substantially larger than either alone.
Workers’ compensation benefits cover:
- Medical treatment related to the injury
- Temporary disability payments during recovery (roughly two-thirds of the average weekly income)
- Permanent impairment benefits are rated by a physician
- Vocational rehabilitation in some cases
A third-party claim adds what workers’ comp leaves out:
- The full value of lost income, not just a percentage
- Pain and suffering compensation
- Future medical costs and ongoing care expenses
- Reduced earning capacity if the injury limits future work
An Example of How Compensation Works in These Cases
Say that during a commercial project in Benton County, a construction worker was struck by equipment operated by a subcontractor.
The workers’ compensation claim covered medical bills and partial income replacement. A separate third-party claim against the subcontractor recovered pain and suffering and the portion of lost income not covered by workers’ comp. The combined recovery was significantly larger than the workers’ comp benefits alone.
How to Prove a Construction Accident Case
A third-party construction accident claim requires evidence that a party other than your employer acted negligently and that their negligence caused your injuries. Building that proof has to start quickly.
OSHA Records
OSHA inspection records and violation citations are powerful evidence. If OSHA investigated the incident and found safety violations, those findings can establish that the responsible party failed to meet a recognized standard of care.
Incident Reports and Physical Evidence
Incident reports, photographs of the accident scene, witness statements, medical records, and physical evidence, such as the defective equipment or failed safety gear, all contribute to the record.
Documentation of What Happened
Documenting the steps taken after a construction site injury and securing evidence early protects both your workers’ comp claim and your third-party case.
Site conditions change quickly: equipment gets repaired, scaffolding gets rebuilt, and witnesses move to other projects. Sending a legal preservation notice early puts responsible parties on notice that evidence must be retained.
What to Do After a Construction Site Injury in Bentonville
The actions you take after a construction site injury affect both your workers’ compensation claim and any third-party case you may have. Taking the right steps early protects both.
- Report Immediately: Tell your employer or supervisor right away. Delays create gaps that insurers use to dispute the claim.
- Get Medical Treatment: Workers’ compensation typically requires treatment through an employer-approved physician for the initial evaluation. Follow through with all recommended care and keep records of every visit and referral.
- Document the Scene: Photograph the hazard, the equipment involved, safety signage or its absence, and your injuries. Collect contact information from any coworkers who witnessed the accident.
- Contact an Attorney First: Speak with a Bentonville personal injury lawyer before giving recorded statements to any insurer beyond what workers’ comp requires. The third-party insurer is not on your side.
How a Bentonville Construction Accident Lawyer Can Help
Construction accident cases are more legally layered than most personal injury cases. You may have a workers’ compensation claim, a third-party lawsuit, or both. Each has different deadlines, different evidence standards, and different insurers on the other side. Here is how we approach each stage.
Investigation
We investigate quickly: preservation notices go out to secure site evidence before conditions change, OSHA records are requested, and responsible parties are identified across the full contractor chain. Every case gets a dedicated case manager and two attorneys. We keep caseloads manageable so Alan LeVar is directly involved in every case we handle, not just the largest ones.
Building Your Claim
We build demand packages that account for the full range of losses, not just what workers’ comp has already covered. That means economic losses, pain and suffering, future medical costs, and reduced earning capacity, where applicable. Our construction accident attorneys handle the third-party liability side while working alongside any workers’ compensation proceedings to make sure nothing falls through the cracks.
Negotiation and Litigation
Alan LeVar’s background as a deputy prosecuting attorney and public defender gives him a perspective most personal injury attorneys do not have. He has always fought for the underdog, and insurance companies know this firm does not back down. When a fair resolution is not offered, we take the case further. Free initial consultations are available, and we work on a contingency basis, meaning you pay nothing unless we recover for you.
Frequently Asked Questions About Construction Accident Claims in Bentonville
Can I sue my employer for a construction injury in Arkansas, or am I limited to workers’ comp?
In most cases, workers’ compensation is the exclusive remedy against your direct employer. Arkansas law bars injured workers from filing civil negligence lawsuits against their employer when workers’ comp coverage applies. There are a small number of other narrow circumstances, including cases of intentional injury, but they are uncommon.
The more important question is whether a third party, someone other than your employer, contributed to the accident. If so, a separate civil lawsuit against that party is available alongside your workers’ comp claim.
What if a subcontractor, delivery driver, or equipment defect caused my injuries? Can I file a third-party claim?
Yes. Third-party claims are available against any party other than your direct employer whose negligence contributed to the accident. This includes subcontractors working on the same site, general contractors who failed to maintain safe conditions, equipment manufacturers whose products were defective, and drivers who caused accidents in or near the work zone.
These claims can recover compensation that workers’ comp does not provide, including pain and suffering and full income losses.
How long do I have to report a work injury and file a claim in Arkansas?
For workers’ compensation, you must report the injury to your employer as soon as practicable, and the statute of limitations for filing a WC claim is generally two years from the date of the injury under Ark. Code Ann. § 11-9-702. This deadline can vary for gradual-onset injuries or occupational diseases.
For a third-party civil lawsuit, the standard three-year personal injury deadline applies under Arkansas Code Annotated § 16-56-105. If a government entity is involved, a shorter notice deadline may apply. Missing any of these deadlines can eliminate your right to recover. Contact an attorney promptly after any serious construction injury.
What if I was partly at fault? Can I still recover compensation in a third-party lawsuit?
Yes, as long as your share of fault is 50% or less. Under Arkansas Code Annotated § 16-64-122, Arkansas follows a modified comparative fault rule that reduces your recovery by your percentage of fault but does not eliminate it unless you are more than half responsible. A worker found 25% at fault on a $200,000 claim recovers $150,000.
Defense attorneys routinely try to push the injured worker’s fault percentage higher, which is one reason having an attorney from the start of a case matters.
Contact a Bentonville Construction Accident Attorney Near You
A serious construction site injury can change your life and livelihood. Attorney Alan LeVar represents injured construction workers throughout Northwest Arkansas, focusing on the third-party liability claims that workers’ compensation cannot fully address. For a free consultation with our Bentonville construction accident lawyers, contact our law firm online.