Arkansas Heavy Equipment Accident Lawyer
In some occupations, the use of heavy machinery and large equipment is necessary to get the job done. Operating this equipment requires experience and skill, as well as extensive training. When inexperience, negligence, or carelessness occurs while operating heavy equipment, catastrophic and deadly accidents can occur. According to the U.S. Bureau of Labor Statistics, about 4,600 fatal work injuries are recorded in the United States each year. Many of these fatalities were caused by heavy equipment accidents.
Fam Equipment InjuryA heavy equipment accident most often occurs in industrial or construction industries, due to the numerous types of heavy machinery and dangerous equipment routinely on-site.
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Tractor Trailer Accident
Broken Pelvis, Broken Wrist, Chest Contusion.
Tractor Trailer Accident
Tractor Trailer Accident
Distracted Driver, Internal Injury
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Most Common Big Equipment Injury Accidents
The most common big equipment personal injury accidents include:
- Rollover accidents
- Impact from a discharged object
- Crushing by a collapsed structure
- Caught in running machinery or equipment
- Pinned between equipment or objects
- Impact by power vehicles or equipment
- Object striking workers
Causes of Heavy Equipment Accidents
There are numerous causes of heavy equipment accidents. In some cases, there may be multiple parties to blame for your accident and your injuries. On construction sites, for example, the operator of a forklift may be inexperienced and unable to correctly avoid an accident when the forklift malfunctions. In this scenario, the construction company, the forklift manufacturer, and the forklift driver may all share in the liability.
Some of the most common causes of heavy equipment accidents include:
- Inadequate training
- Faulty equipment
- Operator error
- Poor maintenance
- Safety Violations
- Unsafe construction design
- Ineffective or negligent supervision
Lawn Equipment Accidents
Lawn Equipment Accidents
Lawn accidents can be due to lawn equipment malfunctioning, inexperience, or inattention, and they can cause a variety of serious and sometimes fatal accidents, especially for young children. If another person’s negligence or a manufacturing defect caused your lawn equipment accident, you have a right to file a claim.
Types of Lawn Equipment
- Riding lawnmowers
- Push or self-propelled lawnmowers
- Stand on Surfer mowers
- Weed trimmers
Farm Equipment Accidents
Farm equipment accidents are the leading cause of injury and death on farms and in agricultural industries. Between 1992 and 2005, 7,571 farm workers died on the job and 37% were due to tractor accidents. In that same time period, 93,000 farm workers suffered injuries. Farm equipment accidents are often severe and life-threatening due to their sheer size and weight. Heavy gears, motors, and rotating blades add an additional layer of danger when workers are present.
Types of Farm Equipment
- Hay balers
- Grain augers
- Skid steer loaders
- Corn pickers
- Brush hog mowers
- Seed drills
- Front end loader
Construction Equipment Accidents
Construction Equipment Accidents
Working in the construction industry is dangerous because construction workers can be at risk for sustaining serious and often fatal injuries. Construction equipment is large and heavy and requires a skilled and experienced operator to avoid serious accidents.
To minimize serious accidents, The Occupational Safety and Health Administration regulates the maintenance work that must be performed on this equipment, the safeguards that must be put into place to protect workers, and the type of protective gear that must be provided on-site. Unfortunately, construction accidents still occur at an alarming rate due to inexperience, improper maintenance, equipment defects, and OSHA violations.
Types of Construction Equipment
- Skid steer
- Scissor lift
- Front end loaders
- Asphalt pavers
- Milling machines
- Trailers & tankers
- Hydraulic machinery
- Oil rig machinery
Why Hire an Attorney
If you’ve been injured in a heavy equipment accident, your injuries may be severe. While you recover, insurance companies will be working around the clock to minimize their liabilities. If you’ve been injured at work, you may not know if you can file a lawsuit or if you need to go through workers’ compensation channels.
You need an experienced heavy equipment lawyer on your side to fight for you. Your lawyer can determine the proper course of legal action and make sure you receive all of the benefits and compensation you are entitled to. In some cases, you may be able to collect workers’ compensation benefits, as well as file a third-party lawsuit. Without an attorney on your side, you may not receive the money you need to put your life back together again after a catastrophic heavy equipment accident.
Why Choose Rainwater, Holt & Sexton
For decades, the skilled and aggressive legal team at Rainwater, Holt & Sexton have successfully advocated for heavy equipment accident victims throughout Arkansas. Our lawyers have won multi-million-dollar jury verdicts and settlements for clients who were injured in catastrophic accidents, like heavy equipment accidents. We know how to pursue workers’ compensation claims, as well as uncover potential third-party lawsuit claims for our clients. Our primary goal is to maximize the compensation for our clients, so they can focus on their recovery. With 35+ attorneys and 150+ staff members, we will be with you every step of the way.
Heavy Equipment Accident FAQ
- Who may be liable for my farm accident injury?
On a farm, there may be multiple parties to blame for your accident and your injury. If your employer was to blame, your claim may be handled by worker’s compensation. Yet, there may be third parties who are also to blame, including:
- Farm equipment manufacturers
- Construction firms that build farm structures
- Property owners
- Animal owners
- If I’m not an American Citizen, can I still collect compensation?
Yes, even if you are not an American citizen, you are able to collect benefits if you are injured in a farm accident. Contact Rainwater, Holt & Sexton immediately to begin building your case.
- Will I lose my job if I file a claim?
Federal and state law prohibits an employer from firing or retaliating against an employee who files a workers’ compensation claim or a lawsuit. If you believe you have been a victim of retaliation, you should call our law firm immediately.
- What kind of compensation can I receive in a heavy equipment accident?
In general, you are allowed to receive compensation for lost wages, medical expenses, loss of future earnings, pain and suffering, and other non-economic expenses if you file a lawsuit. If you file a workers’ compensation claim, however, you are eligible to receive benefits for medical expenses and a portion of your lost income. You may also be eligible for partial or permanent disability benefits. However, workers’ compensation settlements are capped at a lower level than what workers can receive if they simultaneously pursue a personal injury or third-party injury claim.
- Do I have a third-party claim?
If your accident was caused by the negligence of a third party on your construction site or farm, you may be able to file a third-party claim. If your accident was caused by equipment malfunction or defect, you would also be eligible to file a third-party lawsuit. Third-party claims can be confusing and complicated. Identifying all liable parties is difficult without the help of an experienced attorney.
We’re Taking Care of You
Arkansas and Tennessee are our homes, and we want to make sure our neighbors and friends are supported. With eight offices in Arkansas and Tennessee – Little Rock, Little Rock-Corporate Hill, Springdale, Conway, Hot Springs, Bryant, Jacksonville, and Memphis – our personal injury lawyers are easily accessible when you need help.
Our experienced injury attorneys are here to advocate for you.
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Personal Injury Resources
Traumatic brain injuries (TBIs) are devastating and can lead to long-term health problems and disability. In the blink of an eye, your whole world can get turned upside down when you suffer a brain injury. While some people will recover from their brain injury, others may face a lifetime of physical and mental impairment. If you or a loved one has suffered a brain injury, it is essential to consult with an experienced Arkansas brain injury attorney. At Rainwater, Holt & Sexton, we can help you receive the compensation you deserve for your injuries. Our lawyers know how to fight insurance companies aggressively at every turn. We work with medical teams to identify how your specific brain injury will affect your life and future, and we use this to build a case for you and your loved ones. After all, we know that living life with a brain injury isn’t easy. It takes considerable resources to pay for medical bills, rehabilitation, and home care. That’s why we don’t back down when we negotiate with insurers on behalf of our clients. Our Arkansas brain injury lawyers will work to protect your future every step of the way.
Recovering Lost Wages After Auto Accident
You’re driving home after a fun night out with friends when suddenly, a drunk driver plows into your car at a stoplight. In the blink of an eye, your whole life changes, and you suffer from severe and catastrophic injuries. During this time, you must miss months of work while you recover from your injuries and put your life back together again. How will you pay your rent without your paycheck? How will you continue to support your family? Can you get reimbursed for lost wages? An injury from an auto accident can leave you unable to work, thus making it difficult to pay bills and support a family. If you suffered an injury in a car accident caused by another person’s negligence, you have a right to recover lost wages. There are several ways to make sure you recover compensation for lost wages, but determining the right course of action is best done with the guidance of an experienced auto accident lawyer. At Rainwater, Holt & Sexton, our Arkansas car accident attorneys know how to help accident victims recover the money they need after a crash. We work quickly to secure maximum compensation for our clients, including payments for lost wages and loss of future earnings. Call us today to learn how we can help you recover what you need after a serious Arkansas car crash!
Your Guide to Getting a Rental Car After an Accident in Arkansas
Your Guide to Getting a Rental Car After an Accident in Arkansas After a car accident, you may feel confused and uncertain about where to turn for help. You know you weren’t at fault, but somehow, you’re still stuck paying the bills. If your car is damaged, you might be unable to drive to medical appointments, school, or work, making life even more difficult. How can you get a rental car after an accident, and who pays for your rental car? Because Arkansas is an “at-fault” state, if another person caused your accident, they should pay your rental car fees. However, collecting this money isn’t easy without a lawyer in your corner. At Rainwater, Holt & Sexton, our Arkansas car accident attorneys can help you file the necessary claims and collect the money you deserve – even for a rental car. If the insurance company gives you trouble or refuses to pay these expenses, we’ll be fighting for you every step of the way.
How to Appeal a Denied Auto Insurance Claim
How to Appeal a Denied Auto Insurance Claim Insurance adjusters look for any excuse to deny your car accident insurance claim. You might already know this if you received a claim denial. Receiving a claim denial after a car accident can put a significant financial burden on you and your family. It can also make you feel scared and angry. After all, aren’t insurance companies supposed to be on your side after an accident? The cold reality is that insurance companies are NOT on your side. After a crash, their main goal is to pay you as little as possible. This is unfair, and without a legal team, you may feel helpless to fight back. Fortunately, there are ways you can fight auto insurance claim denials and win. With Rainwater, Holt & Sexton on your side, you can hold insurance companies to the task of paying you what you deserve. Our Arkansas auto accident lawyers know how to fight uncooperative insurance companies. GET FREE CONSULT NOW
How to Choose the Best Personal Injury Lawyer in Arkansas
When you suffer an injury in an accident, it can seem like your whole world is crashing down around you. Life as you know it may never be the same, and you need someone on your side to help you navigate this new path. As you focus on your recovery and on rebuilding your life,... Read more »
What is Impairment Rating?
What is an Impairment Rating in a Workers’ Comp Case? If you suffer an injury on the job in Arkansas, you want to get healed quickly, so you can return to work and resume your normal daily activities. Your employer and their insurer want this too. The faster you return to work, the faster they can stop paying your workers’ compensation claims. However, what happens when your injuries don’t heal or when you suffer permanent or total disability? When this occurs, your doctor must rate your impairment. This impairment rating helps to determine how long you can receive workers’ compensation benefits and how much you are entitled to receive. Each impairment has a dollar value, and the degree of impairment also matters. Your employer’s insurance company will use this impairment rating when calculating your benefits. Often, the insurance company and injured worker do not agree on the extent of the injury or the level of impairment. This is where an impairment rating helps. The rating will tell the insurer and your employer if you cannot return to work or return to work in a lighter capacity. This impairment rating is critical when it comes to receiving all the benefits you are entitled to, including workers’ compensation claims, SSA disability benefits, and other employment benefits. GET FREE CONSULT NOW
Will My Personal Injury Case Settle or Go To Trial?
When you suffer an injury in an accident, you may need to file a personal injury claim or lawsuit to obtain the compensation you need. With the right personal injury lawyer on your team, you can typically get significantly more money for your accident and injuries. Your lawyer will work to negotiate the best possible... Read more »
When to Hire a Lawyer
When to Hire a Worker’s Comp Lawyer After a Work Injury? In Arkansas, injured workers can receive money for medical expenses and compensation for lost wages through workers’ compensation claims. You receive these benefits if you suffer an injury or illness at work or while performing job-related duties. Better yet, you do not have to prove fault or establish liability to receive these benefits. Even if you are to blame for your accident, if you are injured at work, you have a right to file a workers’ compensation claim. While this may seem easy and pretty straightforward, insurance companies and employers are often reluctant to pay these benefits as long as needed. They may push workers to return to work too soon or look for any evidence to reduce the length of time they must pay these benefits. For these reasons, it is important to have an experienced workers’ compensation lawyer on your side from the start. At Rainwater, Holt & Sexton, our Arkansas workers’ compensation lawyers know how to get the most for our clients. We understand the complexities surrounding many workers’ compensation claims, and we can help you through this difficult time. Call us today to learn more about what we can do for you!
Independent Medical Examination
What is an Independent Medical Examination & How Does an IME Impact my Workers Comp Case? After an on-the-job injury in Arkansas, one of the first steps when filing a workers’ compensation claim is to visit the treating doctor for examination of your injury. This is an important step in getting a diagnosis, as well as much-needed treatment. However, your treating doctor is not the only one that will likely examine you. Your employer’s insurers are allowed to contract an independent medical examiner to examine you, too. The purpose of independent medical exams (IME) is to act as a cross-reference, ensuring workers are not exaggerating their injury. This IME is important to insurance companies because there are over 4.5 million workplace injuries every year. These injuries result in payouts of over $62 billion and workers’ compensation insurers want to be sure that they are not paying more than is absolutely necessary. As a result, independent medical exams are often a requirement when seeking benefits. Unfortunately, although the word “independent” is in their title, these examinations and the physicians who conduct them are not completely sovereign from the insurance company. In 2009, the New York Times found in a review of case files, medical records, and interviews that IME reports tend to benefit insurers. For this reason alone, it is important to have someone on your side who can help you through the initial IME. You need a workers’ compensation attorney who can prepare you for the initial meeting with an independent medical examiner, so you can obtain the compensation and benefits you rightfully deserve. GET FREE CONSULT NOW
What are Future Damages in a Personal Injury Case?
If you suffered an injury because of someone else’s negligence, you should not have to face any expenses as a consequence of that injury. Justice means that the person or people responsible for your injury should be the same ones responsible for paying for it. After a serious accident, you deserve justice and an experienced... Read more »
How Insurance Companies Take Advantage
How Insurance Companies Take Advantage of Injured Workers An insurance company is a business looking to make a profit. An insurance company looks for ways to help a worker’s compensation claim end up so the insurance company spends less money to help you recover. An insurance company may put its interests ahead of yours. There are certain events that can affect the outcome of your workers’ compensation claim. Here are a few ways an insurer may try to rip you off. GET FREE CONSULT NOW Insurance Companies Send You To Their Doctors Worker’s compensation law allows the employer to choose the initial physician. The “company” doctor is likely a doctor chosen by the worker’s compensation insurance company or a doctor on a list of preferred doctors that handle their claims. Doctors who agree to have a relationship with insurance companies receive income from the insurance company referrals. This places the doctor in a position where the doctors could feel obligated to make a diagnosis or recommendation that is not objectionable to the worker’s compensation adjuster. A doctor who disagrees too frequently with the insurance adjuster’s recommendation could end up off the approved list. Insurance Companies Delay Approval of Medical Treatment Even if your doctor or multiple doctors suggest that you need treatment for your injuries or need other medical care, an insurer can delay the decision by requesting opinions from several different doctors, waiting for a doctor to give an opinion that matches the insurer’s view of the claim. A delay in approval for surgery or medication can lead to longer recovery or permanent consequences. Insurance Companies Blame Injuries on Existing Conditions An insurance company can blame your injury on an existing condition like aging, prior injuries, or the structure of your body to avoid compensating you for lost wages and treatment. If they can make an argument that your injury was caused by something other than workplace conditions, they can save themselves from paying for your recovery. If you feel your employer’s worker’s compensation insurer is taking advantage of you or your claim is not reaching a fair outcome, discuss your situation with a workers’ comp lawyer like Rainwater, Holt & Sexton.
Your Guide to Worker’s Comp & Social Security Disability in Arkansas
What’s the Difference Between Workers’ Compensation and SSDI? When you suffer a serious, life-changing injury at work, you may find yourself considering both workers’ compensation and Social Security Disability Insurance (SSDI). When your injury results in permanent disability, you need to be able to collect the benefits you are entitled to. But should you collect workers’ compensation or SSDI benefits? The answer to that depends on your injury and your degree of disability. It also depends on whether you can obtain approval for SSDI benefits. In some cases, you may be able to collect both. Unfortunately, collecting the benefits you need after a serious and disabling injury is not easy. That is why so many injured Arkansas workers turn to Rainwater, Holt & Sexton to help them after suffering a significant work-related injury. Our Arkansas SSDI lawyers can help you through the process of getting both worker’s compensation benefits and SSDI benefits if you qualify. We can also represent you through the appeals process to ensure that you get the money you need to move forward in life after suffering a disability. Call us today to start reviewing all your legal options. GET FREE CONSULT NOW
Whiplash Lawyers in Arkansas Auto, Truck, Equipment, and Workers’ Comp Accidents in Little Rock and Beyond The forces of an accident can be severe and can damage the delicate muscles, ligaments, and tendons in the neck. The same can occur with trauma from a slip and fall, equipment accident, nursing home abuse, or assault. Due to the nature of these injuries, the full extent of damage is not always fully apparent right after a crash or other accident. However, in the hours and days following the accident, victims may begin to experience pain, stiffness, and numbness in their neck and extremities. Whether you feel all the effects of whiplash right away or start to experience them later, it is important to seek medical help immediately and then speak with an experienced personal injury lawyer as soon as possible. Neck injuries, such as whiplash, can result in a lifetime of pain and disability if they are not treated promptly. Even with good medical care, some injured accident victims will develop chronic neck pain and impairment. As such, it is important to contact an experienced Arkansas car accident lawyer as soon as you can after your accident. Your personal injury lawyer will be able to protect your rights to full and complete compensation, no matter how serious your injuries may be. CONTACT US FOR A FREE CONSULTATION
Drowsy Driving Car Accidents
Drowsy Driving Accident Lawyers According to the CDC, more than a third of all adults do not get the recommended sleep they need to function properly. The results can be catastrophic when adults don’t get the recommended hours of sleep. Drowsy driving is one of the main causes of car accidents across the United States, accounting for at least 20% of all fatal crashes every single year. Even missing an hour of sleep can double your risk of getting into a crash. According to the AAA Foundation for Traffic Safety, missing two or three hours of sleep increases the risk of crashing by 400%. When a drowsy driver injures you or someone you love, you need a law firm on your side with experience handling these cases. You need Rainwater, Holt & Sexton. Our Arkansas drowsy driving accident attorneys have decades of experience building – and winning – cases against drowsy drivers. Call us today to schedule a free consultation and to learn more about your legal options.
Workers’ Compensation and Pre-Existing Conditions
Most of us have been injured at some point in our lives, whether it was a past sports injury or a more recent car accident. When you are injured at work, however, you may wonder how a pre-existing injury or condition will affect your ability to file a claim and how you can prove that... Read more »
What is Workers’ Compensation?
An honest day’s work ends in an honest day’s pay. We’ve all heard that. Arkansas families have been living by that code since 1836. It’s a way of life. But … and on-the-job accident can turn that way of life upside down. Workers’ compensation insurance is a no-fault system designed to compensate a worker who has... Read more »
Do I Have to Participate in Vocational Rehabilitation?
Often times, when a person is injured at work, they end up with permanent restrictions that prevent the employee from going back to the job that he or she had at the time of the injury. This can be a very scary time for the employee and their family, because at first glance it looks... Read more »
What Benefits Can An Injured Worker Receive While Off Work?
One of the biggest misconceptions in a workers’ compensation claim is that the claimant is entitled to 100% lost wages while he or she is off work for a work related injury. In reality, there is nothing in the Arkansas laws that tells the claimant that they are entitled to recover 100% of their wages... Read more »
Farm Equipment Injury Claims in Arkansas
Arkansas is known for the incredible produce grown by our farmers. From being the leading producer of rice in the country, to growing staple crops such as cotton, corn, and grain, Arkansas is an important component in our nation’s hard-working farming community. But with that hard work comes risk. Heavy machinery is a must for planting and harvesting, which... Read more »
Types of Workers’ Compensation Benefits
Workers’ Compensation exists to help injured workers get back on their feet again. It’s a safeguard for hard-working people just like you who deserve a helping hand in the event of a serious accident on the job. But what kind of benefits can you secure through workers’ compensation? Here are 3 types of workers’ comp... Read more »