Construction Site Injuries in Tennessee
Whether an injured construction worker in Tennessee can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: 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. Tenn. Code Ann. §§ 50-6-108(a), 50-6-112(a), (c)
| 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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| 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) |
| 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) |
More Tennessee personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Tennessee
- Wrongful Death Lawsuits in Tennessee
- Medical Malpractice Rules in Tennessee
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- Sidewalk and Public Property Falls in Tennessee
- Motorcycle Accident Claims in Tennessee
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FAQ
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.
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.
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.