Tennessee Workers’ Compensation and Comparative Fault
Prior to the enactment of Tennessee Worker’s Compensation laws in 1919, employees could sue their employers for injuries caused by their employer’s negligence. In such suits, the employer could defend against the suit using the common law defense of contributory negligence.
The defendant asserting contributory negligence alleges that the plaintiff’s own fault contributed to the accidental injuries. Barring a few doctrinal exceptions, if the jury found the plaintiff to have contributed in any way to the accident, his or her claim would be precluded by operation of law. The harsh effect of the common law doctrine, however, was changed with the implementation of the modern comparative fault system. Basically, if the jury finds that the plaintiff contributed to the accident, the jury assesses the percentage of fault attributable to the plaintiff and then reduces the damages award accordingly.
Under the modern workers’ compensation system, the employer is precluded from asserting comparative fault if the work accident falls within the “coverage formula.” A claim falls within the coverage formula when the employee sustained an injury by accident or occupational disease arising out of and in the course of employment. If the accident or personal injury does not fall within the coverage formula, there is no assessment of fault for either the employer or employee unless there is an allegation of intentional conduct.
However, the coverage formula does not apply when the employer is exempt. When exempt, the employee proceeds at common law, and the employer can assert any of the defenses available to it. For example, an employer is exempt if service to the employer does not come under an implied contract of hire or apprenticeship. Thus, voluntary employees are not covered unless some compensation was contemplated. However, the coverage formula applies to illegal employments, such as the hiring of minors or illegal immigrants from such places as Mexico, Puerto Rico and Cuba.
Depending on the facts, you may be able to collect compensation for your work-related injuries even if you somehow contributed to the accident. Even if your employment is not covered under workers’ compensation, you may still have a personal injury claim against your employer. While the employer in these cases has available to them the defense of comparative fault, the employee may be able to get a greater award because he or she can collect damage awards not otherwise available in a workers’ compensation suit.
If injured in a work-related accident, call the experienced Tennessee workers’ compensation attorneys at Baker Associates for a free consultation.
