Can I sue my employer for negligence?

 A person injured on the job in Tennessee cannot sue his or her employer for injuries caused by the negligence of the employer or the employer's negligent failure to furnish a safe workplace.  Nor can an employee sue a co-worker (except for intentional wrongs like assault and battery). The worker's exclusive remedy for benefits is defined by the Tennessee Workers' Compensation Act.  This means that the employee is limited to those benefits that are allowed by the statute for workers' compensation.  

However, an employee can pursue a case against a third party (not the employer) for a work-related injury.  So, for example, if an employee is injured due to the malfunction of a machine in a factory, the employee would not be prevented from suing the manufacturer of the machine in a products liability action (if appropriate) despite the fact that he or she is pursuing workers' compensation benefits.  

If you have been injured on the job and have questions about whether you are entitled to workers' compensation benefits, contact us at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.