Jonesboro is constantly building. There’s the expanding medical corridor around St. Bernards and NEA Baptist. There’s the industrial developments near the Craighead Forest area. There’s the ongoing residential shifts in Valley View. While this is great for Jonesboro and Northeast Arkansas in general, construction remains one of the most dangerous occupations in the state, and it’s not uncommon to be injured on-site.
If you or a loved one has been hurt on a job site, you are likely facing mounting medical bills, lost wages, and uncertainty about your future employment. At LeVar Law Injury & Accident Lawyers, we understand the complexities of Arkansas labor laws and the unique challenges those working on construction sites throughout Craighead County face.
For more information on how we handle construction accident cases, you can count on our law firm. For a free consultation with our Jonesboro construction accident lawyers, contact our law firm online.
Common Types of Construction Accidents in Jonesboro
The OSHA Focus Four account for a vast majority of construction site injuries: falls, struck-by incidents, caught-in/between, and electrocutions,. However, we see a wide range of incidents in the Jonesboro area, such as:
- Falls from Heights: This is the leading cause of death in the industry. Whether it is a fall from a roof, a ladder, or poorly constructed scaffolding, these accidents often lead to catastrophic injuries. In many cases, these falls occur because fall protection systems were either missing or defective.
- Struck-by Incidents: On a busy site, vehicles, cranes, and falling objects are constant threats. A worker might be struck by a piece of heavy machinery or hit by a tool dropped from an upper floor.
- Caught-In or Caught-Between: This involves workers being crushed by equipment, trapped in collapsing trenches, or caught in moving machinery parts. Trench collapses are particularly deadly and almost always preventable with proper shoring and sloping.
- Electrocutions: With temporary power lines and high-voltage equipment, the risk of electric shock is high. Contact with overhead power lines or poorly grounded tools can cause severe internal damage.
- Machinery Failures: Forklifts, backhoes, and cranes require meticulous maintenance. When a hydraulic line bursts or a braking system fails, everyone on the site is in danger.
- Work Zone Traffic Accidents: Given the heavy road construction on Highway 63 (Joe N. Martin Expressway) and Highway 49, many Jonesboro workers are at risk of being struck by passing motorists while performing utility or paving work.
Common Construction Injuries (and What They Can Cost You)
A construction accident is rarely “minor.” The sheer force and weight of the materials involved mean that injuries are often permanent. Injuries our construction accident attorneys see often include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Amputations and loss of limbs
- Severe burns
- Orthopedic injuries
The financial toll of these injuries can be staggering. Beyond the immediate ER visit, you have to consider physical therapy, vocational retraining if you can no longer work in construction, and the loss of future earning capacity.
Who May Be Liable for a Job Site Accident (Beyond Workers’ Comp)
One of the biggest misconceptions in Arkansas is that you cannot sue if you are receiving workers’ compensation. While it is true that you generally cannot sue your direct employer, construction sites are crowded with different companies, and they can be liable.
Liability in a construction accident may fall on:
- General Contractors and Property Owners: They have an obligation to maintain a reasonably safe work environment. If they fail to coordinate safety efforts among different crews, they may be held responsible.
- Subcontractors: If a worker from a different company causes your injury through negligence, such as moving a vehicle without a spotter or failing to secure a load, that company can be sued.
- Equipment Manufacturers: If a tool or machine was defectively designed or manufactured, the company that built it can be held strictly liable for the resulting injuries.
- Architects and Engineers: If a structural failure or trench collapse was caused by a flaw in the blueprints or site plans, these professionals may be liable for professional negligence.
Workers’ Compensation vs. Third-Party Claims in Arkansas
It is important to distinguish between these two types of recovery.
About Workers’ Compensation Benefits
Workers’ compensation is a no-fault system. This means you do not have to prove your employer did anything wrong to get benefits; you only have to prove you were injured while performing your job duties.
However, workers’ comp is limited. It typically only covers medical expenses and a portion of your lost wages. It does not provide anything for pain and suffering or the loss of enjoyment of life.
About Third-Party Claims
A third-party claim is a personal injury lawsuit against someone other than your employer. Unlike workers’ comp, a third-party claim allows you to seek full damages. This includes:
- 100% of your lost wages and future earning capacity
- Compensation for physical pain and mental anguish
- Disfigurement and permanent impairment
- Loss of consortium (the impact on your relationship with your spouse)
What Compensation You Can Pursue After a Construction Injury
When we file a claim on your behalf, we are looking for comprehensive compensation. We don’t just look at what you have lost today; we look at what this injury will cost you 10 or 20 years down the road.
We seek damages for:
- Medical Treatment: This includes hospital stays, surgeries, medications, and any future medical needs like prosthetic replacements or chronic pain management.
- Lost Income: We calculate the wages you lost while recovering. If you are unable to return to the construction industry or can only work in a lower-paying role, we seek “loss of earning capacity” to bridge that gap.
- Pain and Suffering: This compensates you for the physical agony and the emotional toll of the accident.
- Emotional Distress: Construction accidents are often violent and traumatic. Many workers suffer from PTSD, anxiety, or depression following a catastrophic site incident.
- Wrongful Death: If you have lost a family member in a construction accident, we can pursue a wrongful death claim to cover funeral expenses and the loss of the deceased’s financial and emotional support.
What to Do After a Construction Accident (Steps That Protect Your Case)
The actions you take in the minutes, hours, and days following a job site injury will directly impact the strength of your legal claim. Insurance companies for big construction firms are often on the scene within hours, looking for ways to minimize their liability. You need to act just as quickly to protect yourself. Your next steps after a construction accident should be:
- Seek Immediate Medical Attention: Your health is the priority. Even if you think you are “fine,” the adrenaline can mask serious internal injuries. A medical record created immediately after the accident is the strongest evidence linking your injury to the site.
- Report the Injury: Notify your supervisor or the site manager in writing. Ensure an official accident report is filed, but do not admit fault or sign anything that suggests you were to blame.
- Document the Scene: If you are physically able, or if you can ask a co-worker, take photos and videos of the area where the accident happened. Capture the equipment involved, any missing safety guards, and the weather conditions. These scenes change rapidly; the hazard that hurt you might be fixed within an hour of your injury.
- Identify Witnesses: Collect the names and phone numbers of everyone who saw what happened. This includes workers from other companies on the site.
- Keep Everything: Save your blood-stained clothing, broken safety gear, and all medical receipts. Do not throw away anything related to the day of the accident.
- Do Not Post on Social Media: Insurance adjusters monitor your public profiles. A photo of you at a family barbecue can be twisted to suggest you aren’t actually injured.
- Consult a Professional: Before you speak to an insurance adjuster from another company, speak with a local construction accident attorney.
How a Jonesboro Construction Accident Lawyer Can Help
At LeVar Law Injury & Accident Lawyers, we don’t just take your word for what happened; we prove it. A successful construction claim requires a deep dive into the paper trail that every major project generates.
Our investigation process includes:
- Securing the Site: We can file emergency motions to preserve evidence, ensuring that the piece of machinery that failed isn’t repaired or destroyed before it can be inspected by our experts.
- Reviewing OSHA Records: We check if the companies involved have a history of safety violations by going through OSHA records.
- Analyzing Contracts: We look at the contracts between the owner, the GC, and the subcontractors to see who was legally responsible for safety in the specific area where you were hurt.
- Utilizing Expert Witnesses: We work with accident reconstructionists, structural engineers, and safety consultants who can testify as to exactly how the safety breach occurred.
- Digital Evidence: We look for site surveillance footage, drone footage, and data from black boxes on heavy machinery like cranes or excavators.
Our goal is to build a case so strong that the insurance companies are forced to offer a fair settlement rather than risk a trial in Craighead County. If they won’t play fair, our Jonesboro personal injury attorneys are prepared to take the case to a jury.
Deadlines to Know for Arkansas Construction Injury Claims
In Arkansas, the statute of limitations for most personal injury claims, including those arising from construction accidents, is three years from the date of the injury. While three years might seem like a long time, it moves quickly when you are dealing with surgeries and rehabilitation.
More importantly, the evidence clock moves much faster. Witnesses move away, memories fade, and job sites are completed and paved over.
You should also be aware that if your accident involved a government entity (such as a city or state road crew), the deadlines to file a notice of claim may be significantly shorter.
Frequently Asked Questions About Construction Accidents
Can I still recover compensation if I’m a subcontractor or 1099 worker?
Yes. In fact, being a subcontractor or an independent contractor often opens up more legal avenues. While you might not be covered by a traditional employer’s workers’ comp policy, you are not barred by the exclusive remedy rule.
This means you can often sue the general contractor or the property owner for failing to provide a safe work site. We can review your employment status and the site contracts to determine the best path for your recovery.
What if my employer (or the GC) says the accident was my fault?
This is a common tactic used to discourage workers from filing claims. Arkansas follows a modified comparative fault rule. This means you can still recover compensation as long as you were not 50% or more at fault for the incident.
Even if you made a mistake, if the lack of safety equipment or poor site management contributed to the severity of your injury, you likely still have a case. Never take the word of a foreman or an insurance adjuster regarding who was at fault.
Should I give a recorded statement to an insurance adjuster after a job site injury?
No. You should politely decline to give any recorded statement until you have consulted with an attorney. Adjusters are trained to ask trap questions designed to get you to admit fault or downplay your injuries. Something as simple as saying, “I’m doing okay,” in response to a greeting can be used against you later to argue that your injuries aren’t serious.
What if I signed paperwork at the job site or the clinic, did I waive my rights?
Not necessarily. Many times, the paperwork you are asked to sign in the heat of the moment is not legally binding if it violates public policy or if you were under duress or heavily medicated. However, you should bring copies of everything you signed to our office.
Contact our Jonesboro Construction Accident Attorneys Near You
When you are hurt on a job site, you aren’t just a case number to us. Alan LeVar and his team have seen firsthand how insurance companies try to take advantage of injured workers, and we have built our practice on standing in their way. For a free consultation with our construction accident lawyers in Jonesboro, contact our law firm online.