Losing a loved one in a workplace accident can cause grief and financial stress. Families may wonder if they can file a wrongful death claim after an on-the-job death. Tennessee law provides options, but the answer depends on who caused the accident and what happened.
Workers’ compensation generally limits claims against the employer
Tennessee’s workers’ compensation system usually provides the main remedy when a covered employee dies in a workplace accident. Families generally seek death benefits through workers’ compensation instead of filing a separate negligence claim against the employer.
Workers’ compensation may cover funeral costs and provide payments to eligible dependents. These benefits generally do not require the family to prove that the employer caused the death through negligence. Tennessee law also has some exceptions to this rule. The facts of each case matter.
Third parties may create wrongful death options
A family may have a separate claim if someone other than the employer caused or contributed to the worker’s death. For example, a defective machine, careless contractor or negligent driver could cause a fatal workplace accident.
Tennessee law allows certain claims against third parties in addition to workers’ compensation benefits. The family may also seek damages allowed under Tennessee’s wrongful death laws. The available damages depend on the facts and the law that applies.
Finding a responsible third party requires a careful review of the accident. A construction worker killed by defective equipment may have a claim against the equipment maker. A worker killed by another driver’s negligence may have a claim against that driver.
Understanding your legal options
A workplace death may involve workers’ compensation and a wrongful death claim against a third party. The available options depend on what caused the accident and who was responsible. A Tennessee lawyer can review the facts and explain which claims may be available.
