Suing Over a Work Injury in Tennessee
When Tennessee law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: Generally no: workers' compensation rights and remedies exclude all other rights and remedies of the employee, personal representative, dependents or next of kin against the employer, at common law or otherwise. Tenn. Code Ann. § 50-6-108(a)-(c)
| Suing your employer | Generally no: workers' compensation rights and remedies exclude all other rights and remedies of the employee, personal representative, dependents or next of kin against the employer, at common law or otherwise. If an employer fails to secure the required workers' comp coverage, the employee may sue, and the employer cannot defend on the grounds of the employee's negligence, a co-worker's negligence, or assumption of risk. The rule does not bar a third party's indemnity claim against an employer that expressly agreed to indemnify 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. This section states no intentional-injury exception; none is described here. |
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| Suing someone other than your employer | Yes. An injured worker may take workers' comp benefits and also sue a third party who is legally liable for the injury. An employer that has paid benefits has a subrogation lien against the recovery and may intervene, and gets a credit against future benefits for the worker's net recovery. If the worker does not sue the third party within one year from the date of injury, the claim is treated as assigned to the employer, which then has six months to sue. The worker's attorney gets a reasonable fee from the recovery. 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. |
| If your employer has no workers' comp | If the employer failed to carry required coverage, the worker can sue the employer, which loses the defenses of the worker's negligence, a co-worker's negligence and assumption of risk. The Uninsured Employers Fund may pay temporary disability, medical or death benefits to an eligible employee: one injured on or after July 1, 2015, who was a Tennessee resident on the date of injury, told the Bureau of the injury and the employer's failure to insure within a reasonable time and no more than 180 days after the injury, and obtained a judgment for benefits against the employer (with limited exceptions). 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. |
Where to get help in Tennessee
More Tennessee workers' compensation
- Filing a Workers' Comp Claim in Tennessee
- How Much Workers' Comp Pays in Tennessee
- Workers' Comp Settlements in Tennessee
- Retaliation for Filing Workers' Comp in Tennessee
- Appealing a Denied Workers' Comp Claim in Tennessee
- All Tennessee workers' compensation rules
FAQ
Can you sue your employer for a work injury in Tennessee?
Generally no: workers' compensation rights and remedies exclude all other rights and remedies of the employee, personal representative, dependents or next of kin against the employer, at common law or otherwise. If an employer fails to secure the required workers' comp coverage, the employee may sue, and the employer cannot defend on the grounds of the employee's negligence, a co-worker's negligence, or assumption of risk. The rule does not bar a third party's indemnity claim against an employer that expressly agreed to indemnify it.
Can you sue a third party for a work injury in Tennessee?
Yes. An injured worker may take workers' comp benefits and also sue a third party who is legally liable for the injury. An employer that has paid benefits has a subrogation lien against the recovery and may intervene, and gets a credit against future benefits for the worker's net recovery. If the worker does not sue the third party within one year from the date of injury, the claim is treated as assigned to the employer, which then has six months to sue. The worker's attorney gets a reasonable fee from the recovery.
What if my employer doesn't have workers' comp insurance in Tennessee?
If the employer failed to carry required coverage, the worker can sue the employer, which loses the defenses of the worker's negligence, a co-worker's negligence and assumption of risk. The Uninsured Employers Fund may pay temporary disability, medical or death benefits to an eligible employee: one injured on or after July 1, 2015, who was a Tennessee resident on the date of injury, told the Bureau of the injury and the employer's failure to insure within a reasonable time and no more than 180 days after the injury, and obtained a judgment for benefits against the employer (with limited exceptions).
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.