Johnson City Work Accident Attorneys
If you have been injured on the job or sustained a work-related illness, you may have more than one avenue of compensation. Work-related accident claims can be very complicated and may involve both Workers’ Compensation laws and personal injury laws. Workers’ Compensation pays quickly, but it does not cover all of your losses. When you have been injured at work, you need help right away. The experienced work accident attorneys of Hunter, Smith & Davis, LLP are here to help you receive maximum compensation for your injuries.
Workers’ Compensation
Most Tennessee employees are covered by Workers’ Compensation, with some exceptions. Certain types of employers, including most with fewer than five employees, are not required to carry Workers’ Compensation insurance on their employees. All Tennessee employers in the construction and coal mining industries are required to carry Workers’ Compensation insurance on their employees, even if they only have one. Independent contractors are not protected by Workers’ Compensation laws.
A Workers’ Compensation claim is not a lawsuit against your employer and does not involve proving fault. It is an insurance claim, and benefits are available to you if you sustain a work-related injury or illness even if your employer was not to blame. If you are eligible for Workers’ Compensation benefits, you cannot sue your employer which means that the compensation you can receive it very limited unless you also have a third-party lawsuit. A third-party lawsuit is against someone who was responsible for your injuries, other than your employer.
Personal Injury Lawsuits
If you are not eligible for Workers’ Compensation benefits, or if someone other than your employer caused your injuries, you can pursue full compensation through a personal injury lawsuit. You will need to prove fault, and it will take longer to receive compensation for your injuries, but you can receive compensation for all of your lost income and future lost income, pain and suffering and more.
Workers’ Compensation and Third-Party Lawsuit
If you are eligible for Workers’ Compensation and a third party caused your injuries, you can start collecting Workers’ Compensation right away and still pursue your third-party claim. You do not have to choose between the two. Examples of the types of situations where a third-party lawsuit would be appropriate include injuries caused by a defective tool or piece of equipment or an accident caused by safety violations on the part of another company working on your jobsite.
To learn more about work-related injuries, your rights and how we can help you, please call the Johnson City work accident attorneys of Hunter, Smith & Davis, LLP, at (423) 378-8830 or (423) 378-8862.
