Tennessee Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
Tennessee injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for Tennessee
- Deadline to sue for an injury
- One year after the cause of action accrues for injuries to the person. The deadline is two years if criminal charges are brought against the person who caused the injury (or the conduct is the subject of a criminal prosecution started within one year), and the injured person sues the… Tenn. Code Ann. § 28-3-104(a)
- Fault rule (comparative negligence)
- Modified comparative fault (50% bar). The damages statute provides that recovery of any damages is barred if the plaintiff's comparative fault (or in a wrongful death case, the fault of the person who died) is equal to or greater than 50%. Tenn. Code Ann. § 29-39-102(b)
- Minimum car insurance
- Proof of financial responsibility (for proof required after December 31, 2022) means a split-limit policy of at least $25,000 for bodily injury or death of one person, $50,000 for two or more people in one accident, and $25,000 for property damage, or a $65,000 single-limit policy, cash… Tenn. Code Ann. § 55-12-102(12)
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | One year after the cause of action accrues for injuries to the person. The deadline is two years if criminal charges are brought against the person who caused the injury (or the conduct is the subject of a criminal prosecution started within one year), and the injured person sues the person prosecuted. Source: Tenn. Code Ann. § 28-3-104(a) |
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| Deadline to sue for property damage | Three years for injuries to personal or real property and for detention or conversion of personal property. Source: Tenn. Code Ann. § 28-3-105 |
| Medical malpractice deadline | One year for health care liability actions. If the injury is not discovered within that year, the deadline is one year from discovery. No action may be brought more than three years after the negligent act or omission, unless the defendant fraudulently concealed it (then one year from discovery). For a foreign object negligently left in the body, the deadline is one year from when it was or should have been discovered. Source: Tenn. Code Ann. § 29-26-116(a) |
| Suing the government | Local governments: under the Governmental Tort Liability Act, a lawsuit must be filed within 12 months after the cause of action arises. For actions arising on or after July 1, 2007, the required liability limits are $300,000 for bodily injury or death of one person, $700,000 for all persons in one accident or occurrence, and $100,000 for property damage. Claims against the State of Tennessee go through the Tennessee Claims Commission under separate rules. Liability limits: https://codes.findlaw.com/tn/title-29-remedies-and-special-proceedings/tn-code-sect-29-20-403/ |
Fault and damages
| Fault rule (comparative negligence) | Modified comparative fault (50% bar). The damages statute provides that recovery of any damages is barred if the plaintiff's comparative fault (or in a wrongful death case, the fault of the person who died) is equal to or greater than 50%. Noneconomic damages are apportioned among multiple defendants by their percentage of fault. Source: Tenn. Code Ann. § 29-39-102(b) |
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| Damage caps | Noneconomic damages (such as pain and suffering and family members' loss of consortium) are capped at $750,000 per injured plaintiff in civil actions, or $1,000,000 for catastrophic injuries (paraplegia or quadriplegia from spinal cord injury, amputation of two hands or feet or one of each, third-degree burns over 40% of the body or face, or wrongful death of a parent leaving a minor child). Economic damages are not capped. The caps do not apply if the defendant intended serious injury, intentionally destroyed or hid records to avoid liability, was impaired by alcohol or drugs, or was convicted of a felony for the conduct. The jury is not told about the caps. A further limit of $375,000 ($750,000 if catastrophic) applies, for cases filed on or after July 1, 2027, to owners of uninsured vehicles who received three or more notices of noncompliance. Source: Tenn. Code Ann. § 29-39-102 |
| Medical malpractice caps | No separate medical malpractice cap was found; the general noneconomic damages cap of $750,000 per plaintiff ($1,000,000 for catastrophic injuries) applies to all civil actions, including health care liability actions. |
| Punitive damages | Allowed only if the plaintiff proves by clear and convincing evidence that the defendant acted maliciously, intentionally, fraudulently or recklessly, in a two-stage (bifurcated) proceeding. Punitive damages may not exceed the greater of two times the total compensatory damages or $500,000. The cap does not apply in certain cases, such as when the defendant intended to inflict serious physical injury. The jury is not told about the cap. Source: Tenn. Code Ann. § 29-39-104 |
Wrongful death
| Who can sue for wrongful death | In Tennessee, the injured person's own claim passes on at death. The action may be brought by the personal representative, or by the surviving spouse in their own name; if there is no surviving spouse, by the children or next of kin. In some cases parents (or adoptive parents) hold the right. A parent cannot recover until all child-support arrears are paid, and a parent who intentionally failed to pay support and to visit for two years is barred. A surviving spouse who abandoned the person who died (or willfully withdrew for two years) loses the right to sue and to share in the proceeds. The recovery is free from claims of the person's creditors. |
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Car accidents and dog bites
| Reporting a crash to police | A driver in a crash causing injury or death, or apparent property damage of $50 or more, must immediately, by the quickest means available, notify the local police department (inside a city) or otherwise the county sheriff or the nearest Tennessee Highway Patrol office. This applies on highways and on premises generally open to the public, such as shopping centers, trailer parks and apartment complexes. Mirror: FindLaw copy of the Tennessee Code, labeled current as of January 2, 2024 (the official code is published by LexisNexis). Source: Tenn. Code Ann. § 55-10-106 |
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| Crash report to the DMV | If you were the driver or owner in a crash that caused death or injury, more than $1,500 in property damage, or more than $400 in damage to state or local government property, you must file (or have someone file for you) an Owner Operator Report with the Tennessee Department of Safety and Homeland Security within 20 days of the crash. It is required regardless of fault and in addition to any police report. Not filing may lead to suspension of your driver license and registrations (or nonresident driving privileges). It can be filed online through the department's e-Services. The department's page does not cite the underlying statute; the statutory section was not read. |
| Leaving the scene (hit and run) | A driver in a crash must stop at or as close to the scene as possible. If anyone is injured or killed, or an attended vehicle is damaged, the driver must give their name, address and vehicle registration number, show their license if asked, and give reasonable help to anyone injured (including arranging transport for treatment). Leaving an injury or death crash is a Class A misdemeanor, and a Class E felony if the driver knew or should have known someone died; the license is revoked on conviction. In a property-damage-only crash, after everyone agrees there is no injury, all parties must stay until information is exchanged. Failing to do so is a Class B misdemeanor if the damage to others' property appears to be $1,500 or less, or a Class A misdemeanor if more, and an uninsured driver also faces at least a one-year license suspension. Mirror: FindLaw copy, current as of January 2, 2024. Property damage: https://codes.findlaw.com/tn/title-55-motor-and-other-vehicles/tn-code-sect-55-10-102/ ; information and aid: https://codes.findlaw.com/tn/title-55-motor-and-other-vehicles/tn-code-sect-55-10-103/ |
| Minimum car insurance | Proof of financial responsibility (for proof required after December 31, 2022) means a split-limit policy of at least $25,000 for bodily injury or death of one person, $50,000 for two or more people in one accident, and $25,000 for property damage, or a $65,000 single-limit policy, cash deposit or bond. Source: Tenn. Code Ann. § 55-12-102(12) |
| Dog bites | Statute with a mixed rule. A dog owner who fails to keep the dog under reasonable control or lets it run at large is liable for injuries to a person in a public place or lawfully on someone else's private property, even if the dog had shown no dangerous tendencies. However, if the injury happens on the owner's own residential, farm or other noncommercial property, the injured person must prove the owner knew or should have known of the dog's dangerous propensities. Exceptions include trespassers on the owner's non-residential property, provoking the dog, the dog defending someone from attack, a securely confined dog, and certain police or military dogs. The one-year personal injury deadline applies. Source: Tenn. Code Ann. § 44-8-413 |
Slip, trip and fall injuries
| Sidewalk falls: who is responsible | For public sidewalks, Tennessee's Governmental Tort Liability Act removes a local government's immunity for injuries caused by a defective, unsafe or dangerous condition of a street, alley, sidewalk or highway that the government owns and controls. The injured person must allege and prove that the government had actual and/or constructive notice of the condition. This section does not address the liability of the owner of the property next to the sidewalk. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The FindLaw page says it is current as of January 2, 2024. |
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| Claims against a city or county | Claims against cities, counties and other local governments fall under the Governmental Tort Liability Act. A lawsuit must be started within 12 months after the cause of action arises and is brought in circuit court (in counties over 850,000 people it may also be brought in general sessions court). For claims arising on or after July 1, 2007, the Act's liability limits are $300,000 for bodily injury or death of one person, $700,000 for all persons in one accident or occurrence, and $100,000 for property damage. Claims against the State of Tennessee go to the Tennessee Claims Commission under separate rules. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The FindLaw page says it is current as of January 2, 2024. Section 29-20-203(b) refers to a 'procedural notice required by § 29-20-302'; that section was not read, so no written notice-of-claim deadline is stated here. |
| Injuries on land used for recreation | Under Tennessee's recreational use law, a landowner, lessee, occupant or other person in control of land owes no duty of care to keep the land safe for people who enter it for recreation such as hunting, fishing, camping, hiking or boating, and no duty to warn of hazards. The protection does not apply to gross negligence or willful or wanton conduct that results in a failure to guard or warn against a dangerous condition, use, structure or activity (but not for conditions created by forces of nature), and it does not shield the owner from injuries to third persons caused by people given permission to use the land. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The FindLaw page says it is current as of January 2, 2024. |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle helmet law | Tennessee requires every motorcycle driver and passenger (and riders of motorized bicycles and motorscooters) to wear a crash helmet. A helmet meeting the federal standard (49 CFR 571.218) satisfies the law for everyone; riders 21 or older may instead wear a helmet meeting listed alternative criteria. Exemptions include riders in an enclosed cab or fully enclosed autocycle, riders 18 or older in a parade at 30 mph or less, and riders 21 or older in certain funeral or escorted memorial processions. The section does not say that not wearing a helmet reduces damages. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The FindLaw page says it is current as of January 2, 2024. Source: Tenn. Code Ann. § 55-9-302 |
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| Lane splitting | Lane splitting is banned: Tennessee law prohibits operating a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, except for police officers performing official duties. No more than two motorcycles may ride side by side in a single lane. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The FindLaw page says it is current as of January 2, 2024. |
| Pedestrian right-of-way | Where traffic signals are not in place or not working, drivers must yield to a pedestrian in a crosswalk on their half of the road (or approaching closely from the other half), slowing or stopping if needed; in a marked school zone with flashers operating, drivers must stop and stay stopped until the pedestrian has crossed. Drivers may not pass a vehicle stopped at a crosswalk for a pedestrian, and pedestrians may not suddenly leave a curb into the path of a vehicle too close to yield. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, and between adjacent intersections with working signals pedestrians may cross only in a marked crosswalk. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The FindLaw page says it is current as of January 2, 2024. |
| Bicycle laws | A person riding a bicycle on a roadway has all the rights and duties of a vehicle driver, except provisions that by their nature cannot apply. A driver passing a bicycle must leave at least 3 feet of space until safely past. Cyclists slower than traffic ride as close as practicable to the right edge (with listed exceptions) and may ride no more than two abreast. Riders and passengers under 16 must wear a securely fastened bicycle helmet on any highway, street or sidewalk. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The FindLaw page says it is current as of January 2, 2024. |
| Uber and Lyft insurance | While a rideshare (transportation network company) driver is logged on to the app but not engaged in a ride, insurance must provide at least $50,000 per person and $100,000 per incident for death and bodily injury, and $25,000 for property damage. While the driver is engaged in a prearranged ride, coverage must be at least $1,000,000 for death, bodily injury and property damage. If the driver's own insurance has lapsed or does not provide the required coverage, the company's insurance must provide it. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The FindLaw page says it is current as of January 2, 2024. Uninsured/underinsured motorist coverage terms were not confirmed from the text read. |
| Truck safety and insurance rules | Tennessee's Department of Safety must adopt safety rules for motor carriers holding interstate or intrastate permits, for commercial vehicles of 10,001 pounds or more (or designed to carry more than 15 passengers), and for any vehicle carrying hazardous materials, and may inspect them. The statute says federal rules in 49 CFR parts 390-397 do not apply to intrastate property-carrying vehicles of 26,000 pounds or less (except placarded hazardous materials and vehicles for 16 or more passengers), but that subsection takes effect only after a federal funding assurance. For interstate trucks, federal minimum insurance is set in 49 CFR 387.9. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The FindLaw page says it is current as of January 2, 2024. The Department's rule adopting the federal regulations (Tenn. Comp. R. & Regs. 1340-06-01) was not read on an official site; no state minimum insurance amount for intrastate trucks is stated here. |
Construction accidents
| Construction site injuries | Tennessee's workers' compensation law makes workers' comp the exclusive remedy against the employer for workplace injuries, including on construction sites, so an injured worker generally cannot sue the employer. The worker may still collect workers' comp and sue a negligent third party (for example another contractor or an equipment maker), subject to the employer's subrogation lien. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The FindLaw page says it is current as of January 2, 2024. |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in Tennessee?
One year after the cause of action accrues for injuries to the person. The deadline is two years if criminal charges are brought against the person who caused the injury (or the conduct is the subject of a criminal prosecution started within one year), and the injured person sues the person prosecuted.
How long do you have to sue for property damage in Tennessee?
Three years for injuries to personal or real property and for detention or conversion of personal property.
What is the statute of limitations for medical malpractice in Tennessee?
One year for health care liability actions. If the injury is not discovered within that year, the deadline is one year from discovery. No action may be brought more than three years after the negligent act or omission, unless the defendant fraudulently concealed it (then one year from discovery). For a foreign object negligently left in the body, the deadline is one year from when it was or should have been discovered.
Who can file a wrongful death lawsuit in Tennessee?
In Tennessee, the injured person's own claim passes on at death. The action may be brought by the personal representative, or by the surviving spouse in their own name; if there is no surviving spouse, by the children or next of kin. In some cases parents (or adoptive parents) hold the right. A parent cannot recover until all child-support arrears are paid, and a parent who intentionally failed to pay support and to visit for two years is barred. A surviving spouse who abandoned the person who died (or willfully withdrew for two years) loses the right to sue and to share in the proceeds. The recovery is free from claims of the person's creditors.
Can you recover damages if you were partly at fault in Tennessee?
Modified comparative fault (50% bar). The damages statute provides that recovery of any damages is barred if the plaintiff's comparative fault (or in a wrongful death case, the fault of the person who died) is equal to or greater than 50%. Noneconomic damages are apportioned among multiple defendants by their percentage of fault.
Does Tennessee cap damages in personal injury cases?
Noneconomic damages (such as pain and suffering and family members' loss of consortium) are capped at $750,000 per injured plaintiff in civil actions, or $1,000,000 for catastrophic injuries (paraplegia or quadriplegia from spinal cord injury, amputation of two hands or feet or one of each, third-degree burns over 40% of the body or face, or wrongful death of a parent leaving a minor child). Economic damages are not capped. The caps do not apply if the defendant intended serious injury, intentionally destroyed or hid records to avoid liability, was impaired by alcohol or drugs, or was convicted of a felony for the conduct. The jury is not told about the caps. A further limit of $375,000 ($750,000 if catastrophic) applies, for cases filed on or after July 1, 2027, to owners of uninsured vehicles who received three or more notices of noncompliance.
Is there a cap on medical malpractice damages in Tennessee?
No separate medical malpractice cap was found; the general noneconomic damages cap of $750,000 per plaintiff ($1,000,000 for catastrophic injuries) applies to all civil actions, including health care liability actions.
When can you get punitive damages in Tennessee?
Allowed only if the plaintiff proves by clear and convincing evidence that the defendant acted maliciously, intentionally, fraudulently or recklessly, in a two-stage (bifurcated) proceeding. Punitive damages may not exceed the greater of two times the total compensatory damages or $500,000. The cap does not apply in certain cases, such as when the defendant intended to inflict serious physical injury. The jury is not told about the cap.
How do you file an injury claim against the government in Tennessee?
Local governments: under the Governmental Tort Liability Act, a lawsuit must be filed within 12 months after the cause of action arises. For actions arising on or after July 1, 2007, the required liability limits are $300,000 for bodily injury or death of one person, $700,000 for all persons in one accident or occurrence, and $100,000 for property damage. Claims against the State of Tennessee go through the Tennessee Claims Commission under separate rules.
Is a dog owner liable for a dog bite in Tennessee?
Statute with a mixed rule. A dog owner who fails to keep the dog under reasonable control or lets it run at large is liable for injuries to a person in a public place or lawfully on someone else's private property, even if the dog had shown no dangerous tendencies. However, if the injury happens on the owner's own residential, farm or other noncommercial property, the injured person must prove the owner knew or should have known of the dog's dangerous propensities. Exceptions include trespassers on the owner's non-residential property, provoking the dog, the dog defending someone from attack, a securely confined dog, and certain police or military dogs. The one-year personal injury deadline applies.
What is the minimum car insurance required in Tennessee?
Proof of financial responsibility (for proof required after December 31, 2022) means a split-limit policy of at least $25,000 for bodily injury or death of one person, $50,000 for two or more people in one accident, and $25,000 for property damage, or a $65,000 single-limit policy, cash deposit or bond.
When do you have to report a car accident to the police in Tennessee?
A driver in a crash causing injury or death, or apparent property damage of $50 or more, must immediately, by the quickest means available, notify the local police department (inside a city) or otherwise the county sheriff or the nearest Tennessee Highway Patrol office. This applies on highways and on premises generally open to the public, such as shopping centers, trailer parks and apartment complexes.
Do you have to report a car accident to the DMV in Tennessee?
If you were the driver or owner in a crash that caused death or injury, more than $1,500 in property damage, or more than $400 in damage to state or local government property, you must file (or have someone file for you) an Owner Operator Report with the Tennessee Department of Safety and Homeland Security within 20 days of the crash. It is required regardless of fault and in addition to any police report. Not filing may lead to suspension of your driver license and registrations (or nonresident driving privileges). It can be filed online through the department's e-Services.
What are your duties after a car accident in Tennessee?
A driver in a crash must stop at or as close to the scene as possible. If anyone is injured or killed, or an attended vehicle is damaged, the driver must give their name, address and vehicle registration number, show their license if asked, and give reasonable help to anyone injured (including arranging transport for treatment). Leaving an injury or death crash is a Class A misdemeanor, and a Class E felony if the driver knew or should have known someone died; the license is revoked on conviction. In a property-damage-only crash, after everyone agrees there is no injury, all parties must stay until information is exchanged. Failing to do so is a Class B misdemeanor if the damage to others' property appears to be $1,500 or less, or a Class A misdemeanor if more, and an uninsured driver also faces at least a one-year license suspension.
Who is liable if you trip and fall on a sidewalk in Tennessee?
For public sidewalks, Tennessee's Governmental Tort Liability Act removes a local government's immunity for injuries caused by a defective, unsafe or dangerous condition of a street, alley, sidewalk or highway that the government owns and controls. The injured person must allege and prove that the government had actual and/or constructive notice of the condition. This section does not address the liability of the owner of the property next to the sidewalk.
How long do you have to file a claim against a city or county in Tennessee?
Claims against cities, counties and other local governments fall under the Governmental Tort Liability Act. A lawsuit must be started within 12 months after the cause of action arises and is brought in circuit court (in counties over 850,000 people it may also be brought in general sessions court). For claims arising on or after July 1, 2007, the Act's liability limits are $300,000 for bodily injury or death of one person, $700,000 for all persons in one accident or occurrence, and $100,000 for property damage. Claims against the State of Tennessee go to the Tennessee Claims Commission under separate rules.
Is a landowner liable for injuries on land used for recreation in Tennessee?
Under Tennessee's recreational use law, a landowner, lessee, occupant or other person in control of land owes no duty of care to keep the land safe for people who enter it for recreation such as hunting, fishing, camping, hiking or boating, and no duty to warn of hazards. The protection does not apply to gross negligence or willful or wanton conduct that results in a failure to guard or warn against a dangerous condition, use, structure or activity (but not for conditions created by forces of nature), and it does not shield the owner from injuries to third persons caused by people given permission to use the land.
Do you have to wear a motorcycle helmet in Tennessee?
Tennessee requires every motorcycle driver and passenger (and riders of motorized bicycles and motorscooters) to wear a crash helmet. A helmet meeting the federal standard (49 CFR 571.218) satisfies the law for everyone; riders 21 or older may instead wear a helmet meeting listed alternative criteria. Exemptions include riders in an enclosed cab or fully enclosed autocycle, riders 18 or older in a parade at 30 mph or less, and riders 21 or older in certain funeral or escorted memorial processions. The section does not say that not wearing a helmet reduces damages.
Is lane splitting legal in Tennessee?
Lane splitting is banned: Tennessee law prohibits operating a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, except for police officers performing official duties. No more than two motorcycles may ride side by side in a single lane.
Who has the right of way, a pedestrian or a driver, in Tennessee?
Where traffic signals are not in place or not working, drivers must yield to a pedestrian in a crosswalk on their half of the road (or approaching closely from the other half), slowing or stopping if needed; in a marked school zone with flashers operating, drivers must stop and stay stopped until the pedestrian has crossed. Drivers may not pass a vehicle stopped at a crosswalk for a pedestrian, and pedestrians may not suddenly leave a curb into the path of a vehicle too close to yield. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, and between adjacent intersections with working signals pedestrians may cross only in a marked crosswalk.
What are the bicycle laws in Tennessee?
A person riding a bicycle on a roadway has all the rights and duties of a vehicle driver, except provisions that by their nature cannot apply. A driver passing a bicycle must leave at least 3 feet of space until safely past. Cyclists slower than traffic ride as close as practicable to the right edge (with listed exceptions) and may ride no more than two abreast. Riders and passengers under 16 must wear a securely fastened bicycle helmet on any highway, street or sidewalk.
What insurance must Uber and Lyft drivers have in Tennessee?
While a rideshare (transportation network company) driver is logged on to the app but not engaged in a ride, insurance must provide at least $50,000 per person and $100,000 per incident for death and bodily injury, and $25,000 for property damage. While the driver is engaged in a prearranged ride, coverage must be at least $1,000,000 for death, bodily injury and property damage. If the driver's own insurance has lapsed or does not provide the required coverage, the company's insurance must provide it.
What safety and insurance rules apply to trucks in Tennessee?
Tennessee's Department of Safety must adopt safety rules for motor carriers holding interstate or intrastate permits, for commercial vehicles of 10,001 pounds or more (or designed to carry more than 15 passengers), and for any vehicle carrying hazardous materials, and may inspect them. The statute says federal rules in 49 CFR parts 390-397 do not apply to intrastate property-carrying vehicles of 26,000 pounds or less (except placarded hazardous materials and vehicles for 16 or more passengers), but that subsection takes effect only after a federal funding assurance. For interstate trucks, federal minimum insurance is set in 49 CFR 387.9.
Can you sue for a construction accident in Tennessee?
Tennessee's workers' compensation law makes workers' comp the exclusive remedy against the employer for workplace injuries, including on construction sites, so an injured worker generally cannot sue the employer. The worker may still collect workers' comp and sue a negligent third party (for example another contractor or an equipment maker), subject to the employer's subrogation lien.
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