If you have been injured at work in Chattanooga, you may be wondering if you can get pain and suffering compensation through your Tennessee Workers’ Compensation Claim.
Unfortunately, the answer is no.
Tennessee’s Workers’ Compensation system does not allow for pain and suffering compensation due to a work-related injury.
Tennessee’s Workers’ Compensation system is “no-fault,” meaning that even if the injury resulted from an accident that you were responsible for, you’re still entitled to certain benefits. The two main benefits include medical care to treat the injuries and partial wage replacement.
Workers’ Comp in Tennessee and across the country was essentially a compromise that created a “no fault” system where workers have access to medical care and some wage replacement. The trade-off is that workers cannot sue their employers with personal injury claims.
Third-Party Work Injury Claims
In some situations, a work injury may allow for what is called a “third-party claim.” This is essentially a personal injury lawsuit, where items like pain and suffering and punitive damages may be recovered.
For example, let’s assume you’re a construction worker and your company is working on a new building. Your job requires you to be on scaffolds. If the scaffolding fails and you are injured, you may have a “third-party” claim against the company who constructed the scaffold, in addition to a Workers’ Compensation claim.
Another example would be if you drive for work and you’re injured in an auto accident caused by a negligent driver.
It’s important to remember that “third party” claims are personal injury claims and would be separate from your Workers’ Compensation claim.
While separate, the Workers’ Compensation insurance company may attempt to recoup money it has paid out through benefits from the third party claim by way of subrogation.
These types of claims can quickly become complex and confusing. It’s important to consult with an attorney who has experience in both Tennessee Workers’ Compensation and Tennessee Personal Injury cases.
They can provide insight into your specific situation and help you understand the legal process for these dual claims for your injuries.
Help For Injured Workers in Chattanooga
No matter how your work injury occurred, it’s important to speak with an experienced Chattanooga Workers’ Compensation attorney to learn your rights and benefits. When you call and speak with an attorney, share the details of what happened. If there is a potential third-party claim, the attorney will let you know.
England Injury Law offers Free Consultations to injured workers.
