A workplace injury in Tennessee usually means a workers' compensation claim, but that is not always the end of the story. In some cases, a separate personal injury claim may also be available.
How Workers' Comp Works
Tennessee workers' compensation provides benefits regardless of fault, covering medical care and a portion of lost wages. In exchange, it generally bars employees from suing their employer directly. The trade-off is speed and certainty for limited categories of recovery.
When a Third-Party Claim Exists
If someone other than your employer contributed to your injury — a negligent driver who hit you while you were working, a defective machine, or a careless subcontractor — you may have a separate personal injury claim against that third party. Unlike workers' comp, that claim can include pain and suffering.
Why Pursuing Both Can Matter
Workers' comp does not compensate for pain and suffering and limits wage recovery. A viable third-party claim can fill those gaps. Coordinating the two, including any reimbursement the comp carrier may seek, requires careful handling.
Get Advice Early
The interplay between workers' comp and injury claims is complex, and deadlines apply to both. A review of how you were hurt can identify every avenue of recovery available to you.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Tennessee attorney.