On-the-job injuries can leave Arkansas workers unable to earn a living while bills pile up. While workers' compensation covers many work injuries, you may also have a separate 'third-party' claim against a negligent party other than your employer — which can mean significantly more compensation.
Injury Claim Team connects injured Arkansans with experienced workplace injury attorneys who handle these claims across all 75 counties — from Little Rock and Northwest Arkansas to the Delta and the Ouachitas. A free, confidential case review is the fastest way to understand your rights.
Common Causes of Workplace Injury Claims in Arkansas
- Falls from heights and scaffolding
- Heavy machinery and equipment accidents
- Vehicle accidents while working
- Falling objects on job sites
- Repetitive-stress and overexertion injuries
- Exposure to toxic or hazardous materials
- Defective tools or equipment
Proving Fault and Building Your Claim
When someone other than your employer — a contractor, equipment manufacturer, or negligent driver — caused your work injury, you may pursue a third-party claim in addition to workers' compensation. These claims can recover damages that comp does not, such as full lost wages and pain and suffering. Identifying every responsible party is key.
Arkansas law: Arkansas follows a modified comparative-fault rule (Ark. Code § 16-64-122). You can still recover compensation if you were partly to blame, with your award reduced by your percentage of fault — but if you are found 50% or more at fault, you recover nothing. Insurers exploit this rule constantly, which is why building strong evidence of the other party's fault is critical.
Compensation You May Recover
Every claim is different, but injured Arkansans pursuing a workplace injury case may be able to recover:
- Past and future medical bills
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress and mental anguish
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Property damage
The Arkansas Constitution (Article 5, § 32) bars caps on compensatory damages, so a serious, well-documented claim is not artificially limited. A 2025 change in state law (Act 28) does affect how medical expenses are valued, which makes experienced legal guidance even more important.
Deadlines: Don't Wait Too Long
In most Arkansas injury cases you have three years from the date of the accident to file a lawsuit under Ark. Code § 16-56-105. Miss that deadline and your claim is almost always barred. The sooner you act, the easier it is to preserve evidence, locate witnesses, and protect your claim. Even if you are unsure whether you have a case, a free review costs nothing.
Frequently Asked Questions
You generally cannot sue your employer, but you may bring a third-party claim against another negligent party — and still receive comp benefits.
Workers' comp is no-fault and limited; a third-party claim can recover full damages, including pain and suffering, from someone other than your employer.
Report it, get medical care, and document everything. Then ask an attorney whether a third-party claim applies.
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