Tennesee Workers' Compensation Claims Against Third Parties for On-the-Job Injuries
Tennessee’s workers’ compensation system was not designed to extend immunity to third parties who have contributed in some way to work-related injuries. For example, the driver who hits a police officer while directing traffic should be liable in tort regardless of whether the officer was on-the-job.
On the other hand, compensation systems were also not designed to allow injured workers what is called a “double recovery”, wherein the worker collects compensation benefits from both the employer (or workers’ compensation carrier) and the tortfeasor (the alleged negligent party).
In the typical case involving third party negligence, the injured person will receive workers' compensation in Tennessee and health benefits from his or her compensation carrier. If the worker is knowledgeable of his or her rights, the worker will also bring a third party action against the third party tortfeasor. The carrier or employer will then join the suit asserting a claim for its compensation outlay. This is called subrogation. If the injured worker is successful in the suit either by settlement or by judgment, the employer/carrier will assert its right of first priority against the award. This is true even when the third party action is brought by the deceased worker’s survivor or representative.
What this all means is that in an action against third parties that have contributed in some way to your work-related injuries, you will want to have a knowledgeable and skilled attorney who will fight to get you a maximum settlement or judgment award. This is true because the employer or its insurance carrier will have first priority, which in many cases means you will be compensated for less than what you would otherwise be entitled to simply because you were injured on the job!
Your best chance at success under these circumstances is to consult Tennessee’s top workers’ compensation attorneys at Baker Associates. Call them today for a free consultation.
