How Do I Know If My Construction Injury Qualifies for a Lawsuit?

If you work in construction, suffering a construction injury on the job is a very real concern. All types of construction work present injury risks, and working in construction consistently ranks among the most dangerous occupations in Arkansas.

When you suffer a job-related construction injury, it is critical to make sure you know your legal rights. Injured construction workers can file lawsuits in many cases—and, if you have grounds to file a lawsuit, an experienced Arkansas construction accident lawyer will be able to help you seek just compensation for your medical bills, lost wages, pain and suffering, and other losses. 

When Can Injured Construction Workers File a Lawsuit in Arkansas?

With this in mind, how do you know if your construction injury qualifies for a lawsuit? In Arkansas, it isn’t the nature of your injury that determines your legal rights, but rather the reason why you got injured. 

There are two reasons why. 

First, in some cases, injured construction workers will be limited to filing a workers’ compensation claim. If you are eligible for workers’ compensation, this generally means that you are ineligible to file a lawsuit against your employer related to your construction injury. However, you may still have grounds to file a lawsuit against a third party. 

Second, to have grounds to file a construction accident lawsuit against a third party (i.e., a company other than your employer), you must be able to prove that a third party is responsible for causing your construction injury. This means that you need to know exactly what happened and why. 

Proving how you got injured—and determining what company you are eligible to sue—requires a prompt and thorough investigation. Once you hire an Arkansas construction accident lawyer to represent you, conducting an investigation will be one of your lawyer’s first priorities. To determine if you qualify to file a lawsuit, your lawyer will look for evidence of possible factors such as:

• Negligent building design or engineering 
• Negligent inspection of the property 
• Negligence on the part of a contractor or subcontractor
• Negligence on the part of the property owner 
• Product defects that compromise the safety of tools, equipment or building materials

These are just examples. Construction sites can be dangerous for a wide range of reasons, and many of these reasons can provide grounds for injured construction workers to take legal action. Again, investigating promptly is the first step, and this means that you should talk to an experienced Arkansas construction accident lawyer about your situation as soon as possible. 

All Types of Injuries Can Qualify for Construction Accident Lawsuits 

Since determining whether you are eligible to file a construction accident lawsuit involves determining why you got injured, this means that all types of on-the-job injuries can qualify for a lawsuit. If you have grounds to file a lawsuit, you can seek compensation for injuries including:

• Broken and dislocated bones
• Concussions and other traumatic brain injuries (TBI)
• Electrocution injuries
• Lacerations requiring stitches or sutures
• Lower back injuries 
• Neck and upper back injuries 
• Nerve damage
• Organ damage
• Soft tissue damage 
• Thermal burns and chemical burns

These, too, are just examples. These injuries (among others) can lead to significant costs for construction workers and their families. Even if you are eligible to file a workers’ compensation claim, your workers’ compensation benefits won’t cover all of the costs you are likely to incur. This makes it critical to find out if you qualify to file a lawsuit. If you qualify, an experienced construction accident lawyer will be able to help you seek full compensation for your present and future:

• Medical Bills – While these should be covered by workers’ compensation if you have a claim, obtaining the full medical benefits you deserve can prove challenging.
• Lost Income – Even if you have a workers’ compensation claim, your benefits will not cover 100% of your lost earnings due to your construction injury.
• Pain and Suffering – Workers’ compensation does not cover the pain and suffering that can result from serious on-the-job injuries. 
• Emotional Trauma – Workers’ compensation also does not provide coverage for injured construction workers’ emotional trauma. 
• Loss of Companionship, Consortium, and Enjoyment of Life – These are additional non-financial losses for which you may be entitled to just compensation. 

Do You Qualify to File a Construction Accident Lawsuit in Arkansas? Contact Us to Find Out for FREE

If you need to know more about your legal rights after suffering a job-related construction injury, we encourage you to contact Oliver Law Firm right away. Our Arkansas construction accident lawyers have the skill, knowledge, and experience needed to handle these complex cases.

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Contact Oliver Law Firm online or at (479) 202-5200 today to schedule a FREE case evaluation with an experienced attorney. We help clients across Arkansas and throughout the United States from our office in Rogers, AR.