Best Construction Accident Lawyers in Tennessee

About Construction Accident Law in Tennessee, United States

Construction sites are among the most dangerous workplaces in Tennessee. A construction accident involves any injury, death, or property damage that occurs during construction activities. Common accidents include falls, equipment malfunctions, electrical shocks, crane accidents, and being struck by objects. In Tennessee, injured workers may be eligible for workers' compensation, but in certain situations, third parties can also be held liable for damages beyond what workers' compensation covers. Understanding your rights after a construction accident is essential for getting the support and compensation you may deserve.

Why You May Need a Lawyer

While Tennessee law provides protections for injured workers, dealing with the legal system on your own can be confusing and stressful. You may want to consult a legal professional if you:

• Have suffered serious injuries on a construction site
• Are unsure whether to file a workers' compensation claim or a personal injury lawsuit
• Believe a third party (not your direct employer) is responsible for your injury
• Are facing denials or delays from insurance companies or your employer
• Are asked to sign documents you do not understand
• Suspect unsafe working conditions or OSHA violations
• Need help calculating your total lost wages, medical bills, and other damages

An experienced lawyer can help you navigate complex rules, gather evidence, negotiate with insurance companies, and represent your best interests in court if needed.

Local Laws Overview

Tennessee has specific laws and regulations governing construction accidents, including:

• Workers' Compensation: Most Tennessee employers with five or more employees (or one in the construction industry) must provide workers' compensation. This insurance covers medical expenses, a portion of lost wages, and disability benefits regardless of who was at fault. Employees generally cannot sue their employer unless gross negligence or an intentional act is involved.
• Personal Injury Lawsuits: If someone other than your employer or co-worker caused your injury (such as a subcontractor, equipment manufacturer, or property owner), you may file a third-party lawsuit for additional damages like pain and suffering.
• Comparative Fault: Tennessee follows a modified comparative fault rule. If you are found less than 50 percent at fault for your accident, you may still recover damages, but your compensation is reduced by your percentage of fault.
• Statute of Limitations: Workers' compensation claims must usually be reported within 30 days and filed within one year of the accident. Personal injury claims generally must be filed within one year as well.
• OSHA Regulations and Investigations: Employers must follow state and federal safety rules. OSHA may investigate serious accidents or complaints about workplace safety violations.

Understanding these local laws helps injured workers protect their rights and options in the aftermath of a construction accident.

Frequently Asked Questions

What should I do immediately after a construction accident?

Seek medical attention right away, even if you think your injuries are minor. Report the accident to your supervisor or employer as soon as possible and document what happened, including taking photos and gathering witnesses' names.

Who is eligible for workers' compensation in Tennessee?

Most employees injured on the job in Tennessee, including part-time workers, are eligible for workers' compensation benefits if their employer is required to have coverage.

Can I sue my employer for a construction accident?

Generally, you cannot sue your employer if workers' compensation is available, unless there was gross negligence or an intentional act that caused your injury.

What if someone other than my employer caused the accident?

You may be able to file a personal injury lawsuit against third parties, such as subcontractors, equipment manufacturers, or property owners, who were negligent and contributed to your injury.

How long do I have to file a claim?

You must notify your employer of a work injury within 30 days. For workers' compensation claims and most personal injury lawsuits, you generally have one year from the date of the accident to file.

What benefits can I receive through workers' compensation?

Benefits can include payment for medical treatment, partial wage replacement if you are unable to work, and compensation for permanent disability if applicable.

Can I get compensation for pain and suffering?

Workers' compensation does not cover pain and suffering. However, if you file a third-party lawsuit, you may be able to recover for pain, suffering, and other non-economic damages.

Do I need a lawyer to file a workers' compensation claim?

While not required, having a lawyer can protect your rights, ensure you receive all the benefits you are entitled to, and help with denied or disputed claims.

What if my employer does not have workers' compensation insurance?

If your employer is legally required to carry coverage but does not, you may pursue compensation through the Tennessee Bureau of Workers' Compensation's Uninsured Employers Fund.

What happens if I am partly at fault?

Under Tennessee's modified comparative fault system, you can still recover compensation if you are less than 50 percent responsible, but your award will be reduced by your percentage of fault.

Additional Resources

Several agencies and organizations provide help and information for those affected by construction accidents:

• Tennessee Bureau of Workers' Compensation - Offers guidance on filing claims and resolving disputes.
• Occupational Safety and Health Administration (OSHA) Tennessee Office - Handles workplace safety complaints and investigations.
• Tennessee Department of Labor and Workforce Development - Provides resources for workers' rights and safety.
• Legal Aid Society of Middle Tennessee and the Cumberlands - Free or low-cost legal services for those who qualify.
• Tennessee Bar Association - Can help you find a qualified personal injury or workers' compensation attorney.

Next Steps

If you or a loved one has been involved in a construction accident in Tennessee, consider taking the following steps:

• Get immediate medical care and keep records of all treatment.
• Report your injury to your employer as soon as possible.
• Document the accident scene and gather witness information.
• Consult with an experienced construction accident lawyer to understand your rights and options.
• File any necessary claims within the legal deadlines.
• Contact relevant agencies for further assistance if your claim is disputed or denied.

Dealing with a construction accident can be overwhelming, but understanding your rights and acting quickly are the best ways to protect your health and financial future.