Construction Accident Lawyer in Fort Smith, AR

A construction project can have a dozen companies working inside the same fence. When something goes wrong, figuring out who caused the accident can take real digging to sort out.

LeVar Law Injury & Accident Lawyers can trace the stakeholders involved in the construction operation. We may find a trail of negligence that serves as the foundation of a lawsuit. There is no charge for an initial case evaluation, and clients only pay if we win.

To request a free consultation with a skilled construction accident lawyer in Fort Smith, contact our Arkansas law firm today.

Standing Up for Injured Workers on Fort Smith Construction Sites

Construction workers understand that their jobs involve physical risk. They accept that.

Accepting some risk, though, does not mean they agree to bear the consequences for the risk resulting from negligence. The distinction between a difficult job and a negligently dangerous job site is important, but that distinction can be hard to see without a skilled attorney’s explanation.

Types of Injuries Suffered at or Near Construction Sites

We know that construction-related injuries tend to be serious due to the nature of the profession, and can include:

• Traumatic brain injuries
• Spinal cord and back injuries
• Multiple fractures
• Burns and electrical injuries
• Crushed hands or limbs
• Shoulder and knee damage
• Internal injuries
• Amputations
• Permanent physical limitations

The Potential for a Third-Party Claim in Addition to Workers’ Comp

For someone who earns a living through physical work, the consequences of such injuries usually exceed a few missed paychecks. A carpenter with a badly damaged shoulder, for example, may never return to overhead work. A general laborer with a spinal injury may have to change careers (and may not be able to find one that suits their skill set).

To be blunt, workers’ compensation benefits may not be enough. It is always worth contacting us to find out if you have grounds for a third-party claim, which may focus on:

• A developer or property owner
• A general contractor
• Several subcontractors
• Equipment rental companies
• Material suppliers
• Delivery services
• Machinery manufacturers
• Outside maintenance or service companies

Your employer may be only one of many responsible companies. A local construction accident lawyer can examine who controlled the work, equipment, and location where the injury occurred, instead of stopping the inquiry at the name printed on your paycheck.

Navigating Third-Party Liability Claims Beyond Workers’ Compensation

A workers’ compensation claim and a third-party lawsuit address different circumstances:

• Workers’ compensation generally provides benefits to employees who sustain qualifying work-related injuries.
• A third-party personal injury case asks another question: Did someone other than the employer negligently cause the accident?

An Example of Third-Party Liability in a Construction Injury Case

Imagine a worker employed by a plumbing subcontractor. A different subcontractor improperly secures materials overhead, and those materials fall and strike the plumber.

The fact that the plumber was injured at work may make workers’ compensation relevant, but the subcontractor’s conduct may also support a third-party claim.

You Can File a Third-Party Claim and Also Receive Workers’ Compensation 

Yes, a construction worker may be able to pursue both workers’ compensation benefits and a third-party claim. As we stated, many injured workers need to pursue both options (or just a lawsuit, in some cases) for financial reasons.

A third-party job site injury attorney in Fort Smith can study relevant contracts, site records, corporate relationships, equipment ownership, site conditions, witness accounts, insurance policies, and other relevant assets. We can explain your options, provide our two cents, and lay out the next steps, should you choose to proceed.

Frequent Hazardous Conditions on Commercial and Residential Worksites

Construction hazards can have a domino effect. A missing guardrail becomes more dangerous when workers are carrying materials. Poor lighting makes scattered debris harder to see. Heavy equipment poses additional risk when crews lack a clear traffic plan.

Some recurring job site dangers include:

• Unprotected floor and roof openings
• Missing or inadequate fall protection
• Unstable scaffolding
• Improperly positioned ladders
• Falling tools and building materials
• Exposed electrical components
• Unsafe trenches and excavations
• Defective or poorly maintained machinery
• Improperly secured loads
• Debris in walkways
• Inadequate lighting
• Poor coordination between contractors
• Careless forklift or heavy-equipment operation

Federal Safety Regulations and Relevant Arkansas Work Injury Laws

Federal construction safety requirements provide an important reference point. OSHA’s Safety and Health Regulations for Construction appear in 29 CFR Part 1926 and address subjects ranging from fall protection and scaffolds to electrical work, excavations, and equipment. The Arkansas Department of Labor and Licensing also provides state resources concerning labor and workplace safety matters.

An OSHA issue and a civil personal injury claim are not the same thing, but could be related in some ways. The existence of a safety violation does not automatically decide who owes damages. Safety requirements can, however, provide useful context when examining what occurred on a site and why.

Investigating Construction Safety Violations and Equipment Failures

A construction scene changes in short order. By the next morning, materials may have been moved, a damaged ladder may be gone, an opening may have been covered, or the equipment involved may already be back in service.

Photographs taken immediately after an accident can therefore tell a very different story from photographs taken a week later. This is why our team urgently seeks relevant evidence, such as:

• Job site photographs and video
• Security footage
• Incident reports
• Witness accounts
• Inspection records
• Maintenance histories
• Equipment manuals
• Training records
• Safety meeting documentation
• Subcontractor agreements
• Delivery records
• Prior reports of equipment problems

Machinery accidents often require a particularly detailed investigation. A failed lift, saw, crane component, forklift, or power tool does not explain why it failed.

Questions Our Lawyers While Investigating an Injury

Our Fort Smith construction accident attorneys conduct probing inquiries designed to expose the heart of the matter. In a machinery-related case, we typically ask:

• Who owned the machine?
• Who maintained it?
• When was it last inspected?
• Had anyone reported earlier problems?
• Was it being used as intended?
• Was the operator properly trained?
• Did a component break or malfunction?
• Had the equipment been modified?

The answers may point toward an operator, contractor, rental company, maintenance provider, manufacturer, or some combination of parties.

Special Attention for Head Trauma and Brain Injuries

Head injuries are another unique case type that requires similar attention to detail (and deserves mention). Head injury symptoms can interfere with memory, concentration, balance, mood, and the ability to perform complex work long after visible injuries have healed. The injury itself can make it difficult for the injured party to make the right decisions.

LeVar Law Injury & Accident Lawyers provides additional information about claims involving traumatic brain injuries. If you or a loved one suffered any injury linked to a construction site or operation, we want to hear from you.

How Our Law Firm Fights for Third-Party Worksite Victims

At LeVar Law Injury & Accident Lawyers, we work backwards from the accident rather than accepting those explanations at face value.

That can mean reconstructing who was doing what at the time, matching contracts to actual job-site responsibilities, reviewing maintenance records, locating people who witnessed the accident, and identifying the company that had control over the hazard.

The case may require us to determine:

• Which company directed the relevant work
• Who controlled the accident location
• Which party owned or maintained the equipment
• Whether earlier safety concerns were documented
• What contractors were required to do under their agreements
• Which insurance policies apply
• How the injury has changed the worker’s earning ability

Why Construction Workers and Their Families Trust Our Law Firm

LeVar Law Injury & Accident Lawyers has earned its reputation by digging into the companies, contracts, equipment, and decisions behind the accident. It’s what’s allowed us to fight for people all over the state of Arkansas for many years.

• Close Attention to Every Case: We intentionally keep our caseload small enough to give each client meaningful attention. Each client has two attorneys providing legal oversight as well as a dedicated case manager. Alan LeVar is directly involved rather than lending his name to a file primarily handled elsewhere.
• Ready to Take Your Case to Trial: We won’t settle early. If we can maximize your compensation by going to trial, we will. Insurance companies know that our law firm means business and will keep them honest.
• Se Habla Español: We offer legal services in Spanish to best serve the people of Sebastian County and their loved ones. You and your family can get the answers you need in a language you understand.
• Free Initial Consultations: You do not have to pay anything to speak with a lawyer about what happened. Get the information you need to make an informed decision about your case. We’ll let you know the steps to take moving forward.
• Pay Nothing Unless We Win: We work on a contingency fee basis. That means you pay us nothing upfront. We get paid if we secure a settlement or win in court. If we don’t win, you pay us nothing.

Contact a Fort Smith Construction Accident Lawyer Near You

If you’ve been hurt in a construction accident and need legal help, you can count on LeVar Law Injury & Accident Lawyers. Free consultations and pay nothing unless we win for you. To request a case review with a local construction accident lawyer, contact our Arkansas law firm today.