LITTLE ROCK, AR - Arkansas workers injured on the job by third parties can file separate personal injury lawsuits while maintaining workers' compensation benefits, pursuing full damages, including pain and suffering that workers' comp does not cover. Little Rock third-party workers' injury claims lawyer Joseph Gates of Gates Law Firm (https://www.gateslawpllc.com/arkansas-third-party-workers-injury-claims-lawyer/) helps injured workers coordinate workers' compensation claims with third-party lawsuits against equipment manufacturers, negligent drivers, property owners, and contractors whose actions caused workplace injuries.
According to Little Rock third-party workers' injury claims lawyer Joseph Gates, workers' compensation covers basic medical bills and partial lost wages when employees are hurt on the job, paying two-thirds of average weekly wages and reasonable medical treatment through the Arkansas Workers' Compensation Commission. What workers' comp does not cover is pain and suffering, full lost income, or future earning capacity when defective equipment, drunk drivers, or unsafe property causes injuries.
Little Rock third-party workers' injury claims lawyer Joseph Gates emphasizes that third-party claims function independently from workers' compensation. Under Arkansas Code Section 11-9-105, employers and their workers' compensation insurance carriers are generally immune from lawsuits, meaning workers cannot sue bosses or coworkers for ordinary negligence. However, this immunity does not extend to outside parties whose actions harm employees while working.
"If you are a construction worker in Little Rock and a crane manufactured by an out-of-state company collapses due to a design flaw, you can file a workers' comp claim with your employer's carrier and a product liability lawsuit against the crane manufacturer," Gates explains. "The two claims proceed on separate tracks, and success in one does not prevent recovery in the other."
Third-party claims are most viable when equipment defects, vehicle accidents, or multi-party construction sites cause injuries. Workplace machinery causes severe injuries when manufacturers cut corners on design or fail to install proper safety features. Under Arkansas product liability law, manufacturers are strictly liable when design defects or manufacturing flaws cause injury, requiring only proof that products were unreasonably dangerous, not that manufacturers acted carelessly.
Vehicle accidents represent one of the most common third-party workplace injury scenarios in Little Rock. Delivery drivers, sales representatives, truck operators, and employees traveling between job sites face daily collision risks from negligent motorists. When another driver runs a red light and strikes a delivery van on Cantrell Road, workers are entitled to workers' comp benefits from employers and full damages from at-fault drivers' insurance policies.
"Arkansas requires minimum liability coverage of $25,000 per person and $50,000 per accident under Arkansas Code Section 27-22-104, though many drivers carry higher limits," notes Gates.
Construction sites in the Little Rock area bring together general contractors, subcontractors, equipment suppliers, and property owners, creating multiple potential third-party defendants when injuries occur. If workers employed by subcontractors are injured when general contractors fail to maintain safe working conditions, workers can sue general contractors while employers pay workers' comp.
Third-party lawsuits can recover full lost wages at complete wage rates rather than the two-thirds rate paid by workers' comp, future lost earning capacity compensating for permanent reductions in earning ability, pain and suffering for physical pain and emotional distress, loss of consortium for spouses' loss of companionship, and punitive damages for especially reckless conduct.
"Workers' compensation limits dispute resolution to hearings before administrative law judges at the Arkansas Workers' Compensation Commission in Little Rock," Gates advises. "Third-party claims proceed through Pulaski County Circuit Court or federal court, where juries decide liability and award full damages."
Subrogation allows employers' workers' compensation insurance carriers to recover money they paid in benefits from any settlement or verdict workers receive in third-party lawsuits. Arkansas Code Section 11-9-410 grants this right, meaning carriers can demand reimbursement when workers settle third-party claims. However, Arkansas law requires proportionate sharing of attorney fees and costs when carriers exercise subrogation rights.
Actions workers should take immediately after third-party workplace injuries include reporting injuries to employers in writing within a reasonable time, seeking medical treatment immediately at emergency rooms or designated workers' comp panel doctors, preserving evidence of third parties' negligence through photographs of defective equipment and accident scenes, keeping copies of all documents related to injuries, avoiding recorded statements to third-party insurance companies without legal representation, and contacting experienced attorneys as soon as possible.
"Early legal involvement allows thorough evidence gathering while memories remain fresh and physical evidence exists," the Little Rock attorney explains. "Waiting months to contact lawyers often means critical evidence has been destroyed, witnesses have disappeared, and recollections have faded."
Arkansas provides a three-year statute of limitations for personal injury lawsuits under Arkansas Code Section 16-56-105, with the deadline typically running from injury dates. However, building strong cases requires months of investigation, expert analysis, and negotiation. Filing early preserves evidence, allows thorough investigation, and provides time for settlement negotiations before trial.
Most third-party workplace injury cases settle before trial, as insurance companies prefer settling to avoid the expense and unpredictability of jury verdicts. However, some cases require trial when insurance companies refuse to offer fair compensation. Having trial-ready lawyers creates leverage during negotiations, resulting in better settlement offers.
About Gates Law Firm:
Gates Law Firm is a Little Rock-based law firm dedicated to personal injury representation, including third-party workplace injury claims throughout Arkansas. Led by attorney Joseph Gates, the firm has recovered over $162 million for injury victims across Arkansas. For consultations, call (501) 779-8091.
Embeds:
Youtube Video: https://www.youtube.com/watch?v=bof8ubZKjpc
GMB: https://www.google.com/maps?cid=4114337096292287489
Email and website
Email: Gates@GatesLawPLLC.com
Website: https://www.gateslawpllc.com/
Media Contact
Company Name: Gates Law Firm PLLC
Contact Person: Joseph Gates
Email: Send Email
Phone: (501) 779-8091
Address:2725 Cantrell Rd Ste 200
City: Little Rock
State: Arkansas 72202
Country: United States
Website: https://www.gateslawpllc.com/
