Nashville, TN asked in Personal Injury and Workers' Compensation for Tennessee

Q: Working offsite and fell and broke arm .The location offered to pay for everything but WC did because I was at work.

Can I file a workers comp claim and file a separate personal injury claim against the location company. I broke Radial Head and 1 other bone in elbow so I have 60% mobility in right arm I am right handed. Back at work under restrictions of 1 pound or less. Still under doctors care. The injury occurred in October. I am being fitted for an extender brace and take Physical Therapy 3 times a week. (All under Worker's Comp)

2 Lawyer Answers

Mr. James Charles Wright

Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Worker's compensation is the exclusive remedy for claims against your employer. If your injury happened on a construction site- the general contractor is protected as well- you would be entitled to worker's compensation benefits only- medical benefits, temporary and permanent disability payments. Other sub contractors on the job and the owner are not protected from tort liability (a personal injury claim) and you could bring a personal injury action against a third party such as a sub-contractor, the owner or some other person. You cannot sue a co-employee either.

Mr. James Charles Wright

Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: I need to add- if you have a personal injury action - the worker's compensation carrier for your employer will be subrogated and entitled to some or all of its money back. You would have to consider the worker's compensation carrier in regard to any settlement in a personal injury case.

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