If I Get Hurt At Work, Can I Sue My Employer?

The general answer is “NO.” Under Tennessee law, workers’ compensation provides the exclusive remedy for an employee who is injured while in the course and scope of his or her employment. An employee, therefore, may not sue his or her employer as a result of suffering an injury in the workplace. In fact, workers’ compensation is the exclusive remedy even when an employee is injured as the result of grossly negligent or reckless acts of his or her employer. In addition, workers’ compensation is still the exclusive remedy for an employee’s family, next of kin, personal representative or dependent, whenever an employee dies at work.

This is because workers’ compensation was developed to ensure that employees who are injured on the job receive medical treatment, compensation for loss of pay, and other statutory benefits, without having to enter into litigation to prove elements of their claim. Workers compensation is really a compromise between employers and employees: the employee is guaranteed certain benefits when hurt at work, and the employer does not face a lawsuit or the prospect of paying an injured employee more substantial damages.

There are some exceptions to the “exclusive remedy” nature of workers’ compensation. In cases where an employee is injured while in the course and scope of his or her employment, but the injury is caused by a third party, then the injured employee would still have all remedies available under Tennessee law against the negligent third party. (A good example would be an employee who is struck and injured by a drunk driver while operating a company vehicle).

Another exception would occur any time that an employee is injured by an intentional act of his or her employer. Intentional acts that have been recognized as exceptions to the “exclusive remedy” of workers’ compensation in Tennessee include assault and battery, false imprisonment, defamation, and intentional infliction of emotional distress.

If you have any questions about workers’ compensation benefits, please call the experienced attorneys at Bailey & Greer.

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