Injured on the Job? Why it is Important to Know Tennessee’s Workers’ Compensation Laws
When it comes to being injured on the job, employees need to know about their legal options. Tennessee operates under the theory of “exclusive remedy” when it comes to Workers’ Compensation Claims.
What Does “Exclusive Remedy” Mean?
In Tennessee, Workers’ Compensation is designed to be the exclusive and only remedy for employees who are injured in the course of their employment with a company. This means that in almost all workplace injuries an employee cannot sue their employer directly, even if the employer is negligent. They must file their claim through the Tennessee Workers’ Compensation Commission to receive benefits like medical care, wage replacement, and vocational rehabilitation.
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The Exception: Third-Party Claims
Worker’s Compensation prevents employees from filing most lawsuits against their employer; however, it does not prevent the employee from filing a lawsuit against a third-party whose negligence contributed to their injury. If an employees’ injury is caused – entirely or even partially – by someone other than an employer or co-worker, that employee may have the right to file a separate lawsuit against that third party.
An example of a third party would be if you are driving for work and a reckless driver causes a collision and injures you; you would be able to pursue a third-party lawsuit against the at-fault driver. Another example would be if you are performing work at a dangerous job site, not owned by your employer, and you are injured, you might have a remedy against the third-party premise owner.
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How the Exception Works
Pursuant to Tennessee Code Annotated § 50-6-112, an employee can receive Workers’ Compensation benefits from their employer, such as medical care and partial salary replacement, while still pursuing a third-party claim in Court for additional damages, including pain and suffering or a claim for full lost wages that Workers’ Compensation does not cover.
If you or a loved one are injured on the job, contact Alexis Greene Law, PLLC for expert guidance and legal support. With our team in your corner, you won’t have to face the complexities of the legal landscape alone.