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Workplace Injury
According to the National Institute for Occupational Safety and Health, 11,500 work-related injuries or illnesses occur each day. On average, another 15 workers die each day from traumatic injuries.
The institute estimates that more than 3 million people suffered workplace injuries and illnesses serious enough to require treatment at hospital emergency room.
Workplace Injuries
Workplace injuries may include:
- Occupational disease such as lung cancer from asbestos exposure
- Occupational injuries like carpal tunnel syndrome from repetitive actions, or back problems due to lifting
- Pre-existing conditions aggravated by work activities
- Immediate injuries sustained from falls, cuts, falling items, etc.
- Injuries sustained while on company time, but not necessarily on company property
- Mental or physical conditions brought on by work-related stress
- Injuries caused through the fault of another not working for your employer (also known as third party liability)
Injuries that occur at the workplace can happen in any industry, from a corporate office to a blue-collar workplace. Duncan Firm workplace injury attorneys investigate these cases thoroughly and look for alternatives to worker's compensation, such as identifying a third party who is at fault.
The majority of employers are required to have workers compensation systems in place to protect workers injured on the job. However, workers’ compensation has its limits and doesn’t always come through when you need it. In cases of severe injury, permanent disability, or disfigurement, this might not be enough to make up for hospital expenses and long-term loss of wages, emotional trauma, or loss of quality of life.
If you’ve been injured at work, consider hiring an attorney team to inform you of your rights and help you get the money you need for recovery.
If a loved one suffered fatal injuries while at work, the surviving family members are entitled to wrongful death benefits.
For legal help on the job injuries, call or email Duncan Firm and let and let one of our workplace injury attorneys fight for you.
Third Party Liability
If your work-related injuries can be shown to be the fault of a third party—that is, not a supervisor or co-worker or anyone directly employed by the company you work for—you could be eligible for additional compensation. Third parties can be held accountable for unsafe conditions or equipment defects that aren’t directly the fault of your employer, but which are still relevant to your injury. Duncan Firm, P.A., can investigate the circumstances surrounding your accident and determine if a third party shares responsibility for your injuries.
Some examples of third party liability include:
- Someone hired by your company, such as a subcontractor, to do maintenance or other tasks, creates unsafe conditions in your workplace
- A manufacturer or supplier provides defective or unsafe equipment
- A third party misuses equipment at your workplace, not following proper safety procedures
Often, damages awarded in third party cases are greater than those awarded through workers’ compensation alone. Because of this, it’s very important that you contact an experienced team of attorneys if you think these circumstances apply to you. A detailed account of what occurred can be very important in determining whether a third party might be liable, so if you are injured, gather as much information as possible, including names of witnesses. Your legal team will want to find out as much as they can about the particulars of the accident, as soon as possible, while witnesses are more likely to remember details that will be vital to your legal team in determining who was at fault.
Armed with the necessary facts and details, the personal injury attorneys at Duncan Firm can assess your case and determine if you are entitled to additional compensation from a third party. Please contact Duncan Firm today and let us fight for you. All initial consultations are no-cost and confidential.
Premises Liability
Premises liability is a term that describes the legal responsibility a property owner and occupiers of a property have for injuries and accidents that occur on their property. Premises liability claims can be filed for a variety of reasons. For example, slip and fall claims are common. In addition claims may be filed for injuries that are result equipment that is used on the property. Injuries may also be the result of another person's actions on the property. This, too, may be the responsibility of a property owner.
Here are some other examples of premises liability:
- Inadequate Maintenance. A land owner fails to maintain the premises in such a way as to avoid injury to the public, such as when a falling tree branch injures a passerby.
- Defective Conditions. A store owner fails to repair or warn of a dangerous condition on the premises, such as a broken staircase.
- Inadequate Security. A company fails to install adequate lighting in parking areas or warn about dangerous criminal activity taking place on the premises.
Electrocution
Electrocution injuries can be among some of the most serious types of premises liability injuries. Electrocution can cause serious burns, permanent physical impairment, brain injury, and even death.
Unfortunately, many of these accidents can be prevented by simple maintenance of electrical systems in a business or residence. Some causes of electrocution injuries in businesses or residences include:
- Lack of proper maintenance, leading to shorts and electrical faults
- Insufficient training for employees expected to work around electric current
- Insufficient supervision
- A generally hazardous workplace environment
In the case of electrocution injury, it’s very important to seek medical attention immediately. While some electrocution injuries, such as burns, are easily apparent, others—often the more serious injuries such as brain injury or neural impairment—are not. Skilled medical treatment can assess these injuries more quickly, improving the chances of recovery. In addition, skilled injury assessment can be very important if your injuries are due to negligence.
In the case of an electrical injury, immediate treatment includes:
- Call for professional medical assistance
- Turn off the source of the electricity or remove the injured person from the current with a non-conductive tool such as a wooden broom handle
- Do not touch the injured person directly until the electricity has been cut off, as you could also be electrocuted through this contact
- Check for heartbeat and respiration—but again, do NOT touch the person directly until the electrical current has been turned off
- Administer CPR if necessary
If you or a loved one has been injured by electrical current, and you believe the injury was due to negligence, it is your legal right to hold the business or home owners accountable for your injury and related medical expenses. Your claim could be related to an unsafe environment, or to negligence in attending to injuries or contacting professional medical care immediately after the accident occurred.
The legal team at Duncan Firm, P.A. has litigated numerous personal injury and premises liability cases, including work place injuries and traumatic brain injuries, with professionalism and compassion. If you’ve been the victim of this kind of accident, please find out what the Duncan Law team can do to help you. Call or email the Little Rock premises liability lawyers at Duncan Firm today for a confidential, no-cost consultation.
Construction Site Injuries
Construction accidents injure and kill thousands of workers each year. In
some cases the claimant must file under the state’s Workers' Compensation
Act. However in some cases it can be shown that a third party was at fault.
Property owners, architects, contractors, and equipment manufacturers can all
be liable for insufficient safety measures when an accident occurs. The general
contractor and all subcontractors are responsible for providing the appropriate
safety provisions to ensure that the construction site is reasonably safe.
It is their obligation to warn of possible hazards on the site, to hire employees
who will use caution while working, to coordinate job safety, and to check
that appropriate safety specifications are being followed. Manufacturers of
construction equipment may also be responsible for designing and maintaining
safe products.
Dangerous or defective equipment may be at fault in a construction accident,
including:
- Scaffolding
- Cranes
- Power tools
- Ladders
- Heavy equipment
Due to the inherent dangers of construction many employed in the construction and building industry find themselves confronted with deadly work sites on a daily basis. Serious building and construction site accidents result in serious personal injuries and wrongful death. Construction site accidents are occurring across the country with an alarming frequency. With thousands of projects underway across the US the frequency and severity of construction site accidents will surely increase as this year passes. If you or a loved one is injured while one the job you need a team of experienced lawyers on your side. It is important that your lawyers have a through knowledge of state and federal laws and regulations that govern construction sites and accidents. It is important to understand that when developing theories of liability against a general contractor and/or subcontractors, you have a complete understanding of the facts and the evidence obtained and preserve and the law.
Frequently Asked Questions
My employer says he’s going to take care of my injury. So why do I need a lawyer?
If you’re seriously injured at your workplace, it’s important to know all your rights. Plus, standard workmen’s compensation may fall short of paying for all the medical care you might need. Experienced attorneys at Duncan Firm know what is necessary to establish liability in order to determine if you have a case. They can assess all the facts and determine the best way to approach your particular circumstance.
What is workmen’s compensation?
Workmen’s or worker’s compensation is a form of insurance that provides employees compensation for medical care in exchange for you giving up your right to sue your employer for negligence. The laws that establish the guidelines for worker’s compensation vary from state to state. While workmen’s compensation is a benefit provided to you by your employer, it is not always the best choice in the event of an on-the-job injury. An experienced workplace injury attorney at Duncan Firm can help you determine whether or not workmen’s compensation is the right choice for you or if a third party might be at fault.
What if I’m injured in a motor vehicle accident while on the job?
When this happens, you can make both a worker’s compensation claim if covered by your employer, as well as make a claim against the other driver’s insurance. In this instance, the workman’s compensation carrier is entitled to seek reimbursement from you on any settlement you might receive from the third party. This is called subrogation.
Cases We've Won
$4.0M - Page v. Suitt Construction Co., Inc. et al.
Page, a young construction worker, became a paraplegic due to injuries suffered from falling through a roof at a worksite. A hole in the roof, created to accommodate a large piece of equipment, was covered in such a way that it appeared safe to sit or stand on. No one alerted Page of the hole and there was no barricade of any kind to warn workers. With proper safety precautions, this incident was avoidable. Page's employer was covered by workers' comp and therefore had limited recovery opportunities restricted by statute. However, through a third party claim Duncan Firm helped Page prove liability and recover damages to take care of his future medical needs. And the case helped lead to improved safety in the workplace.
$1.09M - Sanders v. Arkansas Missouri Power Co.
In this case, an injured worker received severe burns over a large part of his body, which further resulted in the loss of one leg. The worker became bound to a wheelchair. While in the hospital, the worker's employer promised to create a new job with the same salary he had been earning. But after 18 months, the employer went back on his promise, stopped paying the salary and turned the employee over to worker's comp. Duncan Firm filed suit under a contract theory,took the employer to trial and won a substantial settlement.
