The Short Answer:
In Tennessee, most employers with 5 or more employees are legally required to carry workers’ compensation insurance. If your employer doesn’t have this coverage and you get hurt on the job, they may be held personally liable for your injuries. You can report the violation to OSHA, and you may also be able to file a personal injury lawsuit to seek compensation for your medical bills, lost wages, and more.
Key Takeaways
- Workers’ comp insurance is mandatory for most Tennessee employers with 5+ employees.
- You can report noncompliant employers to OSHA or the Tennessee Bureau of Workers’ Compensation.
- You may be able to sue your employer directly if they don’t have insurance and you’re injured on the job.
- Other benefits may be available, such as disability or third-party claims.
- An experienced workers’ comp attorney can help you understand your rights and next steps.
Reporting Your Employer to OSHA
If your employer doesn’t have workers’ compensation insurance when they’re legally required to, it’s more than just unfair—it’s against the law. One of the first steps you can take is to report them to the Occupational Safety and Health Administration (OSHA) or the Tennessee Bureau of Workers’ Compensation.
These agencies are responsible for ensuring workplace safety and compliance with employment laws. Reporting your employer may trigger an investigation that could result in fines or penalties for the company and help prevent others from being put at risk.
You can file a complaint anonymously if you’re worried about retaliation. Keep records of your injury, medical treatment, and any conversations with your employer about their lack of coverage. This documentation can support your complaint and protect your rights.
Suing Your Employer for Your Injuries
If your employer doesn’t carry the workers’ compensation insurance required by Tennessee law, you may also be able to file a personal injury lawsuit against them. Unlike a workers’ comp claim, which typically does not require proving fault, a work injury lawsuit may require you to show that your employer’s negligence contributed to your injury.
This kind of lawsuit can allow you to pursue compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of future earning capacity
However, taking legal action against an employer can be complex, especially if they try to deny responsibility or claim an exemption. That’s why it’s important to speak with a lawyer who understands Tennessee work injury laws and can help you build a strong case.
Filing a Third-Party Claim
If your injury was caused by someone other than your employer, such as a subcontractor, property owner, or equipment manufacturer, you may be able to file a third-party personal injury claim. These claims are separate from workers’ comp and can potentially offer broader compensation, including pain and suffering, which workers’ comp does not cover.
Third-party claims can be especially relevant in construction or industrial settings where multiple parties are involved. A lawyer can help identify all liable parties and pursue every available legal route.
Applying for Disability Benefits
When a workplace injury keeps you from returning to your job, disability benefits may be an option. Depending on your situation, you could qualify for:
- Short-term or long-term disability insurance, if you have a private policy through your employer or on your own.
- Social Security Disability Insurance (SSDI), if your injury is severe enough to meet federal criteria and will keep you from working for at least 12 months.
These programs have different eligibility requirements, so it’s a good idea to consult with an attorney or disability advocate to explore your options.
Seeking Help From State Resources
If your employer is found to be in violation of Tennessee workers’ comp laws, the Tennessee Bureau of Workers’ Compensation may offer guidance or take enforcement action. While the state doesn’t provide direct financial compensation to injured workers in these situations, it may help hold your employer accountable and ensure they comply moving forward.
An attorney may also help you explore other assistance programs that may offer limited support, especially if you’re temporarily unable to work or facing mounting medical expenses.
FAQs
What Is the Time Limit on Filing a Work Injury Lawsuit?
In Tennessee, the statute of limitations for filing a personal injury lawsuit is 1 year from the date of your injury. Missing this deadline could prevent you from recovering any compensation, so it’s best to consult with an attorney as soon as possible after your accident.
What Are the Penalties for Not Having Workers’ Comp Insurance?
Tennessee employers who fail to carry required workers’ comp insurance may face serious consequences, including:
- Fines and penalties
- Possible shutdown of business operations
- Liability for employee injuries through civil lawsuits
These penalties are designed to enforce compliance and protect workers from being left without support after an injury.
What Companies Are Exempt From Workers’ Comp?
Not all businesses are required to carry workers’ compensation insurance. Common exemptions in Tennessee include:
- Employers with fewer than 5 employees
- Certain agricultural or domestic workers
- Some sole proprietors and independent contractors
However, even exempt employers can still face legal consequences if they were negligent and an employee is harmed as a result.
Call an Attorney If Your Employer Wrongfully Lacks Insurance
If you’ve been injured on the job and your employer doesn’t carry the workers’ compensation insurance they’re required to have, speaking with an attorney is one of the most important steps you can take. A qualified work injury or personal injury lawyer from our Chattanooga office can review your situation, explain your legal options, and help you pursue the compensation you may deserve.
Whether it involves filing a lawsuit, identifying third-party liability, or navigating disability benefits, an attorney can guide you through each step and handle the legal details so you can focus on your recovery. Don’t wait—time limits apply, and acting quickly can make a difference in the outcome of your case. Contact The McMahan Law Firm today for a free consultation.
