Legally speaking, when an employee is injured in a work-related accident while and during the normal course of business, the only recourse available to the employee is workers compensation. Workers compensation will allow an injured employee to recoup some of his/her lost wages while also covering any related medical expenses. Unless there are serious and debilitating injuries, an employee is never fully compensated for injuries under workers compensation.
Third Party Accidents
What some people don’t realize is an injured employee can recover above and beyond normal workers compensation payments when the accident is caused by a third party. When a third party not affiliated with the injured employee or the business causes harm to said employee, then their claim can proceed in a similar manner to that of a normal civil claim. Examples of third-party accidents to employees include:
- Auto Accidents- When an employee is driving for work or to a work-related site and is injured in an auto accident due to the negligence of a third party, then that employee is entitled for damages not allowed under normal workers compensation.
- Products Liability- If an employee is injured due to a defective product they are using during the course of their employment, then they are entitled to additional damages not afforded under workers compensation.
- Slip and Fall- If an employee sustains injuries related to unsafe property maintained by another, then the worker has additional remedies available. For example, if a worker is hired to work on one’s residential property, and they are attacked by the homeowner’s dog, then that person’s insurance will cover damages beyond normal workers compensation.
The damages I refer to above that are not available to injured employees in normal workers compensation claims are pain and suffering, loss of consortium, lost wages, and any other allowable damages you would see in a normal civil claim.
Contact an Experienced Attorney
If you have been injured due to the negligence of a third party, don’t hesitate to contact an experienced injury and workers compensation attorney at 901-526-9494. Injury claims to employees in the State of Tennessee are sometimes settled by providing the employee all their options, especially when that injury is caused by the negligence of a third party. Contacting the right attorney can prevent mistakes that could affect you for many years. Contact Brian Chiozza, or call the office to schedule a free, no-obligation consultation where an attorney will explain and explore all your legal rights and options.
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