The Short Answer:
If you were hurt at work in Tennessee, you usually cannot sue your employer. That’s because workers’ compensation is a no-fault system—it pays for your medical bills and part of your lost wages, no matter who caused the injury. In exchange, you typically give up the right to sue your employer, even if their actions led to your accident.
However, there are exceptions. If your employer intentionally caused your injury, didn’t carry workers’ comp insurance, or if someone other than your employer played a role, you may be able to file a personal injury lawsuit. These situations are rare but important to consider, and they may allow you to recover more than what workers’ comp provides.
Key Takeaways
- Talking to a work injury attorney can help you understand all your options.
- Workers’ compensation is often your only option after a work injury due to Tennessee’s “exclusive remedy” rule.
- You may have the right to sue if your employer intentionally harmed you.
- A personal injury claim may also be possible if a third party, like a property owner or outside contractor, caused or contributed to your injury.
- If your employer didn’t carry workers’ comp insurance, you might be able to take legal action.
- Workers’ comp does not cover pain and suffering, but a lawsuit might.
- If your claim was denied or you were fired for filing one, you still have legal rights.
Tennessee Workers’ Comp Is a No-Fault System
In Tennessee, the workers’ compensation system is designed to provide quick help to employees who are hurt on the job, without the need to prove who was at fault. This is called a no-fault system, meaning you can receive benefits even if the accident was your fault, your employer’s fault, or just a simple mistake.
Because of this setup, workers typically cannot sue their employer for a work injury. This is due to what’s known as the exclusive remedy rule: workers’ compensation is typically the only legal avenue for employees to seek recovery from their employer after a job-related injury. Instead of filing a lawsuit, injured workers file a workers’ comp claim and may receive coverage for things like medical treatment, a portion of their lost wages, and disability benefits if they can’t return to work right away.
This system is meant to avoid long legal battles and help ensure injured workers get help fast, but it also limits what you can recover. Workers’ comp doesn’t pay for things like pain and suffering or full lost income, for example. In some cases, this tradeoff may not be fair, especially if your injury involved more than just a typical workplace accident.
Lawsuits vs. Workers’ Comp: What’s the Difference?
Workers’ compensation and personal injury lawsuits are 2 very different ways of handling a work injury. In most cases, Tennessee law only allows injured employees to use the workers’ comp system. It’s faster, doesn’t require proof of fault, and provides limited benefits like medical coverage and partial lost wages.
A personal injury lawsuit, on the other hand, is a legal claim where you must prove that someone else’s negligence—or, in rare cases, intentional actions—caused your injury. If successful, a lawsuit may allow you to recover pain and suffering, full lost income, and other damages that workers’ comp doesn’t cover.
The key difference is this: workers’ comp is automatic but limited, while a lawsuit may offer more but requires specific legal grounds. You typically can’t sue your employer unless certain exceptions apply—but if a third party was involved, a lawsuit may be on the table.
When to File a Lawsuit for a Work Injury
While most work injuries are covered by Tennessee’s no-fault workers’ compensation system, there are a few exceptions where you may have the right to file a lawsuit. These cases are less common, but they can offer broader compensation than workers’ comp alone. Below are the situations where filing a lawsuit may be an option.
Did Your Employer Intentionally Harm You?
If your employer purposely caused your injury through violence, abuse, or knowingly putting you in harm’s way, you may be able to file what’s called an intentional tort lawsuit. This goes beyond negligence. It requires proof that your employer meant to cause harm, not just that they were careless.
Example: Your supervisor physically assaults you during a confrontation at work. Since this was intentional and not an accident, you could sue your employer for assault, separate from any workers’ comp benefits that you may still be owed.
Did a Third Party Cause Your Injuries?
If someone other than your employer or a coworker was responsible for your injury, you may be able to sue that third party. These cases often involve contractors, equipment manufacturers, drivers, or property owners whose negligence caused or contributed to the accident.
Example: You’re a delivery driver injured in a crash caused by a distracted driver from another company. You can file a workers’ comp claim with your employer and also pursue a personal injury lawsuit against the at-fault driver or their company.
Example: You work in a warehouse, and a faulty forklift made by another company malfunctions and crushes your foot. A product liability lawsuit against the manufacturer may be an option.
Does Your Employer Lack Workers’ Compensation Insurance?
Tennessee law requires most employers to carry workers’ compensation insurance. If your employer fails to meet this requirement and you’re injured on the job, you may be able to sue them directly for damages that would normally be covered under the workers’ comp system.
Example: You fall from a scaffold on a construction site and suffer a serious back injury. Later, you learn your employer doesn’t have workers’ comp coverage. In this case, you could file a lawsuit to recover the costs of your medical treatment, lost wages, and more.
How Can an Attorney Help?
Navigating a work injury claim isn’t always straightforward, especially when exceptions to the usual rules might apply. That’s where a knowledgeable attorney can make a major difference. While the workers’ compensation system is designed to be no-fault and relatively simple, real-world claims can become complex fast. Here’s how a lawyer can help you protect your rights and pursue the full compensation you may deserve:
An attorney can determine whether your case falls under workers’ compensation alone or if you might qualify for a separate personal injury lawsuit. If your injury was caused by a third party, intentional misconduct, or an uninsured employer, your lawyer can help you build a case that goes beyond the limitations of workers’ comp.
If your workers’ compensation claim is denied, a lawyer can guide you through the appeals process, which involves filing with the Tennessee Bureau of Workers’ Compensation. They can help correct errors, submit required documentation, and represent you at hearings if needed.
Sometimes, employers act in bad faith by lying about your injury, refusing to file your claim, or retaliating against you for seeking benefits. These actions may give you grounds for legal action beyond the workers’ comp system. An attorney can investigate these issues and hold your employer accountable.
Workers’ compensation benefits are limited. If you’re eligible to pursue a personal injury lawsuit, your lawyer can seek compensation for pain and suffering, emotional distress, and full lost wages—damages that workers’ comp doesn’t cover. They can also help gather evidence, consult experts, and negotiate with insurers or opposing parties.
After a serious work injury, the last thing you need is added stress. Hiring an attorney ensures you have someone in your corner who understands the law, can handle deadlines and paperwork, and will fight for the best outcome so you can focus on healing.
FAQs
Can I Sue If My Workers’ Comp Claim Was Denied?
A denied workers’ compensation claim doesn’t automatically mean you can sue your employer. However, you do have the right to appeal the denial through the Tennessee Bureau of Workers’ Compensation. In some cases, denials happen because of missing paperwork, disputes over whether the injury was work-related, or delays in reporting.
If your claim was denied unfairly or your employer acted in bad faith, such as lying about your injury or pressuring you not to file, you may have legal options outside the typical claims process. An attorney can review your situation and help determine if further legal action is possible.
What If I Was Fired for Filing Workers’ Comp?
Firing someone for filing a workers’ compensation claim is illegal in Tennessee. This is known as retaliatory discharge, and it could be grounds for a separate lawsuit. If you believe you were terminated, demoted, or harassed for seeking benefits, you should speak to a lawyer right away.
You may be able to recover lost wages, job reinstatement, or other damages depending on the circumstances of your case.
Can I Get Compensation for Pain and Suffering After a Work Injury?
No, workers’ compensation does not cover pain and suffering. It only pays for medical bills, a portion of your lost wages, and certain disability benefits.
However, if you qualify to file a personal injury lawsuit, such as against a third party or in cases of intentional harm, you may be able to recover damages for pain and suffering, emotional distress, and more. These types of damages are only available outside the workers’ comp system.
Questions? Call The McMahan Law Firm for a Free Consultation!
If you’ve been hurt on the job and aren’t sure what your legal options are, don’t guess. Get answers from a team that knows Tennessee work injury law. At The McMahan Law Firm, we help injured workers understand their rights and take action when exceptions to the workers’ comp system apply.
Whether you’re dealing with a denied claim, employer misconduct, or a possible third-party lawsuit, our attorneys are here to help. Your consultation is completely free, and you won’t pay anything unless we win for you.
