Arkansas Accidents

FAQ | Glossary | Explore
Espanol English

Does workers' comp stop my Conway employee from suing me after a grain truck crash?

Everyone says workers' comp means you're fully protected, but actually usually yes, not always.

From the insurance company's perspective, they want you to believe the answer is a clean yes. In Arkansas, workers' comp is generally the exclusive remedy for an employee hurt on the job. If your worker was driving near Conway during harvest, got hit by a grain truck on Highway 64, I-40, or a rural county road, the claim normally goes through the Arkansas Workers' Compensation Commission, and that usually blocks a direct injury lawsuit against the employer.

That is the part the carrier likes.

Reality: workers' comp usually blocks the employee from suing you for ordinary negligence, but it does not block every money problem tied to the crash.

What can still hit you:

  • The employee may sue the grain truck driver, trucking company, farm operator, or another third party
  • Your workers' comp carrier may seek reimbursement from any third-party recovery
  • If you failed to carry required workers' comp coverage, your protection gets much weaker
  • If the worker was misclassified as an independent contractor, expect a fight
  • If the crash involved a company vehicle, your commercial auto insurer may still be pulled in
  • If there was something beyond simple negligence, the "exclusive remedy" shield can get challenged

What to do now, in practical terms: report the injury to your workers' comp carrier immediately, document the job assignment and route, preserve dashcam and phone records, and identify every outside party involved. Make sure the First Report of Injury gets filed properly and the employee gets into the comp system fast.

The real money issue is usually not "Can they sue me?" It is whether this turns into workers' comp costs, commercial auto exposure, premium increases, and a third-party claim fight all at once.

by Linda Ragsdale on 2026-03-23

This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.

Speak with an attorney now →
← All FAQs Home