In most situations, workers who suffer injuries on the job can seek economic recourse through their employer’s workers’ compensation policy, regardless of what circumstances directly led to the incident in question. Other times, though, liability may instead fall on a contract worker, third-party manufacturing company, or even a customer who acted negligently or aggressively in a plaintiff’s place of employment.
Whether you need to pursue a workers’ comp claim or file a separate civil lawsuit to seek recovery for your damages, a Nashville workplace injury lawyer could help you pursue a positive resolution to your case. If you need to contest an initial settlement offer or are denied benefits, assistance from a skilled personal injury attorney may be essential to getting you the financial restitution you deserve.
The Basics of Workers’ Comp Claims
Under current Tennessee state law, all employers in the construction or coal mining industries are required to provide workers’ compensation insurance for all their employees unless they are specifically exempted from this requirement. Workers’ comp insurance is also a requirement for employers in all industries who employ five or more people on a part-time or full-time basis, and employers who are not subject to this mandate have the option of independently purchasing workers’ comp insurance if they wish to do so.
Any employee who wishes to seek compensation for a workplace injury through workers’ comp must report their injury to their supervisor at work within 15 days of when it first occurred, or their doctor first informed them that their injury stemmed directly from an accident at work or work-related conditions. The supervisor then has the responsibility of completing various reporting forms provided by the Tennessee Department of Labor and Workforce Development, and the injured worker’s employer must provide them a panel of three Authorized Treating Physicians to choose from.
If an injured worker completes their treatment plan and attends all appointments with their Authorized Treating Physician and any other recommended specialists, they are eligible to seek reimbursement through their employer’s workers’ comp insurance for all their medical expenses and related travel expenses, as well as various partial wage replacement benefits depending on the degree of temporary or permanent disability their injury results in. In the event a workers’ comp claim is denied or results in insufficient benefits, a local workplace injury attorney could help guide an injured worker through the process of appealing this unfavorable decision.
What If a Third Party Caused a Workplace Accident?
In exchange for being mandated to carry workers’ compensation coverage under state law, employees in Nashville who do carry this insurance are exempt from personal liability for workplace injuries. In other words, any employee covered by workers’ comp who gets hurt on the job cannot file suit against their employer for negligence related to that accident, meaning they cannot seek recovery for non-economic damages like physical pain and emotional suffering.
However, if a negligent third party, such as the manufacturer of a defective piece of machinery or a contract worker who is not a direct employee of the injured party’s employer, is responsible for a workplace accident, it may be possible to hold them liable through civil litigation for both economic and non-economic damages. A workplace injury lawyer in Nashville could go into further detail during an initial consultation about what legal options may be available in a given situation.
Speak with a Nashville Workplace Injury Attorney Today
Whether you work in a hazardous industrial setting or inside a quiet office, no worker in the state of Tennessee is completely immune from the risk of a workplace injury. Fortunately, if you do get hurt at work, you may have multiple options for pursuing compensation after the fact, either through your employer’s workers’ compensation insurance or through third-party civil litigation.
Either way, a dedicated Nashville workplace injury lawyer could provide the knowledgeable and trustworthy assistance you need to effectively pursue a positive case result. Call today to set up a consultation.