Can You Sue Your Employer for a Workplace Injury in Arkansas?

If you’ve been hurt on the job in Arkansas, your first concern is recovery, but your second is probably how to pay the bills. Medical costs, lost wages, and uncertainty about your job can quickly become overwhelming. In many cases, injured workers wonder, “Can I sue my employer for what happened?” It’s a fair question, especially if you feel the injury could have been prevented. But the answer depends on how Arkansas workers’ compensation laws are structured. 

At Walker Law Group, we help workers across Fort Smith and the surrounding area understand their legal options. Here's what you need to know about whether you can sue your employer after a workplace accident and what to do instead if you can't.

The Workers’ Compensation System in Arkansas

Arkansas, like most states, has a no-fault workers’ compensation system. This means:

• Injured workers can receive benefits without proving the employer was negligent
• Employers who provide workers’ comp coverage are generally protected from lawsuits

In other words, when your employer carries workers’ compensation insurance (as they are required to in most industries), you usually cannot sue them for a work-related injury, even if the injury happened because of unsafe working conditions or another employee’s mistake. This “exclusive remedy rule” is designed to simplify the process and avoid drawn-out court battles.

What Does Workers’ Comp Cover?

While suing your employer may not be an option, Arkansas workers’ comp provides several important benefits:

• All necessary medical treatment related to the injury
• Partial wage replacement if you’re unable to work temporarily
• Permanent disability benefits if you’re unable to return to your previous job
• Reimbursement for mileage to and from medical appointments
• Vocational rehabilitation in some cases

These benefits are designed to support you while you recover, but they don’t cover everything. Workers’ comp does not pay for pain and suffering, emotional distress, or the full value of lost income in most cases.

If you’re struggling to get fair benefits, or your claim has been denied, our workers' compensation attorneys can step in to protect your rights and push back against the insurance company.

When You Might Be Able to Sue Someone After a Work Injury

Although you usually can’t sue your employer, you may be able to file a personal injury lawsuit against another responsible party. These are called third-party claims. Here are a few examples where a lawsuit may be possible:

• You were injured by defective equipment. The manufacturer of a faulty machine or tool may be liable.
• A non-employee caused your injury. If a vendor, contractor, or delivery driver caused the accident, you may be able to sue them.
• The property owner was negligent. If your job takes you to other work sites and a hazard existed, you might have a premises liability claim.
• A subcontractor created a dangerous condition. On construction sites, multiple parties may share liability.

In these cases, a personal injury lawsuit may allow you to recover additional damages that workers’ comp doesn’t cover — including pain and suffering, future lost wages, and more.

What If My Employer Doesn’t Have Workers’ Comp Insurance?

While most Arkansas employers are required to carry workers’ compensation insurance, some may not comply with the law. If your employer doesn’t have coverage, the “exclusive remedy” rule doesn’t apply. That means you may be able to sue them directly in civil court and potentially recover full compensation for all your damages. However, these cases can be complex. You’ll need to prove that your employer was negligent and that their actions (or failure to act) directly caused your injury. A lawsuit may also take longer to resolve than a workers’ comp claim, and success is not guaranteed. Still, it can be a valuable option if your employer failed to provide legally required coverage.

Can I Be Fired for Filing a Workers’ Comp Claim?

No. Arkansas law prohibits employers from retaliating against employees for filing a legitimate workers’ compensation claim. If your employer threatens you, cuts your hours, demotes you, or fires you after reporting a work injury, they may be in violation of state labor laws. You may have grounds for a wrongful termination claim or employment law action. But keep in mind that proving retaliation can be difficult, so it’s critical to document everything and consult an experienced attorney right away.

What to Do After a Workplace Injury in Arkansas

To protect your legal rights and maximize your chances of getting benefits, follow these steps immediately after a work injury:

• Report the injury to your supervisor as soon as possible, preferably in writing
• Seek medical care from an authorized provider under your employer’s workers’ comp plan
• Document everything, including dates, witnesses, and symptoms
• Consult a workers’ compensation attorney if your benefits are delayed, denied, or cut off

The longer you wait, the harder it becomes to protect your claim and your future.

How Walker Law Group Can Help

We’ve spent years helping injured workers across Fort Smith navigate the complexities of the Arkansas workers’ compensation system. Whether you’re trying to figure out if you can sue, need help appealing a denied claim, or want to explore a third-party lawsuit, we’re here to help. Our team will:

• Evaluate all potential sources of compensation
• Ensure you receive every benefit you’re entitled to
• Investigate possible third-party claims
• Negotiate with insurance companies on your behalf
• Represent you in hearings, appeals, or court if necessary

If you’ve been injured at work and want to know your legal options, contact us at Walker Law Group. We’ll fight to protect your rights, your income, and your recovery every step of the way.