Construction Site Injuries in Arkansas
Whether an injured construction worker in Arkansas can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Construction injuries: under Arkansas's workers' comp law, an injured worker's comp rights are exclusive of all other rights and remedies against the employer, including a prime contractor acting as employer. Ark. Code Ann. §§ 11-9-105, 11-9-410
| Construction site injuries | Construction injuries: under Arkansas's workers' comp law, an injured worker's comp rights are exclusive of all other rights and remedies against the employer, including a prime contractor acting as employer. Filing a comp claim does not stop the worker from suing a third party (such as another contractor or an equipment maker) whose negligence caused the injury, subject to the employer's or insurer's lien. Third parties: https://codes.findlaw.com/ar/title-11-labor-and-industrial-relations/ar-code-sect-11-9-410/ . No scaffold-law statute was searched for or reviewed. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
|---|---|
| Fault rule (comparative negligence) | Modified comparative fault (50% bar). An injured person whose fault is less than the fault of the defendant(s) can recover damages reduced by his or her share of fault. A person whose fault is equal to or greater than the defendants' fault recovers nothing. This applies to personal injury, wrongful death and property damage claims based on fault. Read on a FindLaw mirror of the Arkansas Code. Source: Ark. Code Ann. § 16-64-122 |
| Deadline to sue for an injury | Arkansas's general three-year statute of limitations covers actions "founded on any contract or liability, expressed or implied," and this is the period generally used for negligence-based personal injury claims. The statute itself does not use the words "personal injury." Read on a FindLaw mirror of the Arkansas Code (Arkansas's official code is published through a commercial vendor). Source: Ark. Code Ann. § 16-56-105 |
More Arkansas personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Arkansas
- Wrongful Death Lawsuits in Arkansas
- Medical Malpractice Rules in Arkansas
- Car Accident Claims in Arkansas
- Dog Bite Liability in Arkansas
- Motorcycle Accident Claims in Arkansas
- Pedestrian Accident Claims in Arkansas
- Bicycle Accident Claims in Arkansas
- Uber and Lyft Accident Claims in Arkansas
- All Arkansas personal injury & wrongful death rules
FAQ
Can you sue for a construction accident in Arkansas?
Construction injuries: under Arkansas's workers' comp law, an injured worker's comp rights are exclusive of all other rights and remedies against the employer, including a prime contractor acting as employer. Filing a comp claim does not stop the worker from suing a third party (such as another contractor or an equipment maker) whose negligence caused the injury, subject to the employer's or insurer's lien.
Can you recover damages if you were partly at fault in Arkansas?
Modified comparative fault (50% bar). An injured person whose fault is less than the fault of the defendant(s) can recover damages reduced by his or her share of fault. A person whose fault is equal to or greater than the defendants' fault recovers nothing. This applies to personal injury, wrongful death and property damage claims based on fault.
What is the statute of limitations for personal injury in Arkansas?
Arkansas's general three-year statute of limitations covers actions "founded on any contract or liability, expressed or implied," and this is the period generally used for negligence-based personal injury claims. The statute itself does not use the words "personal injury."
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.