Your Rights After a Workplace Injury in Texarkana
If you’ve been hurt at work in the Texarkana area, you are facing a uniquely stressful situation. In addition to the pain and financial worries, your case is complicated by a simple fact of geography: your legal rights can change dramatically depending on which side of State Line Avenue the accident occurred. We talk to people in this exact situation every day, and their first question is almost always the same: “Is workers’ compensation my only option for a workplace injury in Texarkana?”
As our founding partner, Chad Trammell, explains in the video, the answer is often more hopeful than you might think. While workers’ comp is an important first step, it is frequently not the only path to the full recovery you deserve, especially in the complex legal environment of Texarkana.
The “Good News” and “Bad News” of Workers’ Compensation in Texarkana
When you’re first injured, there is some “good news.” As Chad Trammell states, “If you get hurt on the job… there’s workers’ compensation. Your employer typically has insurance to cover these injuries.”
This is a critical lifeline, but how it works depends on your location:
Regardless of the state, this leads to the “bad news.” As Chad Trammell states, “The bad news is, workers’ compensation doesn’t fully compensate you… it is at a reduced rate. It’s not going to fully compensate you for what you have lost.”
What Workers’ Comp Leaves Out: Understanding “Pain and Suffering”
The single most significant gap in the workers’ comp system, in both Texas and Arkansas, is what it completely excludes. As Chad Trammell states, “it doesn’t compensate you at all for pain and suffering.”
Many people wonder what this legal term means. Chad Trammell describes it perfectly: “Pain and suffering means the actual agony, the hurt, the anguish… just the pain. And some of these injuries on the job… are very painful.”
This is the human cost of an injury. It’s the chronic pain that keeps you up at night, the emotional distress from a traumatic event, or the inability to enjoy the hobbies and family activities you once loved. While the law recognizes this suffering has real value, the workers’ compensation system is legally barred from paying you for it.
The Path to Full Recovery: Identifying a “Third Party” in the Ark-La-Tex
So, what is the solution? The key, as explained in the video, is to investigate if someone else shares the blame for your accident.
“And that’s where… we will try to find out if there was some other party who was negligent who may also bear responsibility for the accident. Because if we find another party other than your negligent employer, then we can go after them for full compensation.”
This “other party” is a person or company whose carelessness contributed to your injury. Pursuing a claim against them requires a law firm licensed and experienced in both states. Common examples include:
- A negligent driver who hits you while you are operating a company vehicle.
- The manufacturer of a faulty tool, machine, or safety device that failed.
- Another contractor on a construction or industrial site whose crew created an unsafe hazard.
- The owner of a property where you were working failed to maintain safe premises.
Filing a personal injury lawsuit against a negligent third party is your opportunity to demand what workers’ comp denies: 100% of your lost wages, payment for all future medical needs, and significant financial recovery for your pain and suffering.
Your Texarkana Injury Questions, Answered
1. Can my boss fire me for filing a workers’ comp claim? No. Both Texas and Arkansas have strong laws that protect employees from being fired or otherwise retaliated against for filing a legitimate workers’ compensation claim in good faith.
2. How long do I have to file an injury claim in the Texarkana area? This is a critical difference between the two states. The deadline (statute of limitations) is strict:
- In Arkansas, you generally have three years from the date of injury to file a personal injury lawsuit.
- In Texas, you generally have only two years from the date of injury to file. Because this deadline can pass quickly, it is vital to speak with an attorney as soon as possible.
3. If I win a third-party lawsuit, do I have to pay back workers’ comp? In most cases, yes. Both states give the workers’ compensation insurance carrier a right of “subrogation” to seek reimbursement from your third-party settlement. An experienced attorney can often negotiate to reduce this payback amount, maximizing the money you ultimately receive.
If you’ve been hurt at work in Texarkana, Hope, or anywhere in the Ark-La-Tex region, don’t assume your options are limited. Let our firm, licensed and experienced in both states, help you navigate the complexities of your case.
Contact Trammell Piazza today for a free and confidential consultation to talk about your situation and learn about your right to full compensation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The laws of Texas and Arkansas are complex and subject to change. The outcome of any case depends on the specific facts, jurisdiction, and applicable law.