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Workers’ comp and third-party lawsuits

On Behalf of | Jul 22, 2021 | Jackson, Tennessee, Personal Injury & Workers' Compensation Law Blog |

Tennessee law allows pursuing a workers’ compensation claim when an employee suffers an injury while on the job. Workers’ comp makes it possible for injured workers to receive benefits while recovering while protecting employers from lawsuits, with some exceptions. However, third parties may receive no protection from lawsuits when they are liable for injuries.

Third parties and work-related injuries

Some worksites are hectic, and many different people, such as contractors, delivery personnel, and even customers may move about on the premises. A delivery driver could make a mistake and hit a worker. A repair professional might drop a tool and hurt someone, or a belligerent, intoxicated customer may cause a fight, leading to others’ injuries.

If these injuries occur when someone is “on the clock” at work, the victim may be able to pursue a workers’ comp claim. The possibility might exist to file a personal injury suit against a liable third party. In some situations, filing a lawsuit could be necessary to cover the many losses a victim faces.

Financial matters and filing a lawsuit

Perhaps someone works a side job in the “gig economy” and loses income that workers’ compensation payments won’t cover. Maybe the person has to undergo costly rehab and other treatments. A victim may seek payments for pain and suffering due to gross negligence or an intentional act.

Proving a third party’s negligence becomes necessary when attempting to win in court. A driver might not be negligent for an accident since a company that performed faulty repairs caused the underlying problem.

Other questions to ask may center on any insurance policies held by the negligent party. Liability insurance could cover some or all of the victim’s losses. However, settling with an insurance company for a reasonable amount could involve intense negotiations.

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