Workplace injuries can come in many forms. Workers in some occupations may be more prone to suffering injuries than others, but injuries can still occur to workers in any field. Whether you work in an office building, behind the wheel, or on a construction site, you may be entitled to compensation for your workplace injuries.
Typically, there are two potential paths to payment for a workplace injury. Many injured employees will have to seek benefits by filing Workers’ Compensation claims. However, under certain circumstances, victims can file lawsuits against the negligent parties responsible for their workplace injuries.
If you were hurt on the job in Tennessee, get help evaluating the legal options available to you. Reach out to our experienced Tennessee workplace injury lawyers by calling Howe Law at (844) 876-4357. Our attorneys can review your case for free.
Who Can File a Workplace Injury Lawsuit in Tennessee?
After many on-the-job accidents, injured parties must seek payment for their injuries by filing Workers’ Compensation claims. Insurance claimants will only be able to recover compensation for medical expenses and lost wages related to their injuries.
However, after some accidents, workers will be able to sue the parties responsible for their injuries. For example, if you were hurt on another person’s property while at work, you may be able to file a workplace injury lawsuit. Furthermore, workers who suffer on-the-job vehicle accidents may be able to seek payment from at-fault motorists. There are multiple scenarios that can arise that allow victims to seek payment through workplace injury lawsuits.
Plaintiffs in workplace injury cases can recover multiple categories of monetary damages that are unavailable through Workers’ Compensation claims. If you were hurt on the job, you should contact our Tennessee workplace injury lawyers for help determining the proper course of action.
Elements of a Workplace Injury Lawsuit in Tennessee
In order for a workplace injury lawsuit to prevail, the victim must show that they were injured because of the defendant’s careless conduct. The path to compensation can vary from case to case. However, in every lawsuit, the plaintiff must show that each of the following elements are true:
- The defendant was under a duty of care
- The defendant did not adhere to their duty of care
- You were hurt because of the defendant’s breach of duty
- You suffered damages as a result of the injuries you incurred
During your free case review, our Tennessee workplace injury lawyers can evaluate the strength of your claim by determining if the required elements have been established.
Proving Fault for a Workplace Injury in Tennessee
There are several forms of evidence a plaintiff can use to prove that a defendant is at fault for their workplace injury. Our Tennessee workplace injury lawyers can help collect and preserve any of the following types of evidence in your case:
Witness testimony can be a valuable tool when proving fault for an on-the-job injury. Eyewitnesses can help explain how or why certain accidents occurred. For instance, if you suffered a slip and fall caused by a wet floor on another’s property, a witness to your accident could help support your claim that the wet floor was to blame.
Therefore, you should always attempt to obtain contact information for witnesses to your accident if possible. After, our team can provide guidance and support when reaching out for their cooperation.
Security Camera Footage
Security camera footage can also be very helpful when proving fault for a workplace accident. Like witness testimony, surveillance footage can help demonstrate the events that unfolded before, during, and after an accident. For example, if a factory worker was injured because of a defective piece of machinery, then security camera footage of the accident could be used to show that the equipment malfunctioned.
Unfortunately, those in control of security camera footage may not cooperate with injured workers. Our Tennessee workplace injury lawyers can help collect any pertinent security camera footage that may be used to prove your case.
Photos from the Scene
Additionally, photos from the scene of an accident can also be used to prove that another party is at fault for your workplace injury. These photos can be utilized in many ways. For example, after an on-the-job vehicle accident, photos showing good road conditions could be used to disprove the defendant’s argument that a pothole caused your accident. Furthermore, after a slip and fall caused by dim lighting, photos showing a burnt-out lightbulb could help support the plaintiffs claim.
You should always take photos and videos at the scene of your workplace accident if possible. Our experienced Tennessee workplace injury lawyers can help review any photos you took during a free review of your potential case.
After many on-the-job injuries, accident reports are created. For instance, after a harmful vehicle accident, a police officer should visit the scene to draft an accident report. Further, after a slip and fall accident in a grocery store, employees who were on-duty at the time may be asked to submit an accident report.
Accident reports often contain information that can be used to prove fault for a workplace injury. Our Tennessee workplace injury lawyers can help recover a copy of the official accident report in your case.
Physical Evidence from the Scene
Physical evidence from the scene of a workplace accident can also be used to prove fault. For instance, if a construction worker suffers a fall because of defective safety equipment, then the equipment at issue may be brought into court to show why the product is defective. Furthermore, after an on-the-job vehicle accident, open alcoholic beverages found in the defendant’s car may be used to show that they were impaired at the time of the crash. Our attorneys can help recover and preserve any relevant physical evidence from the scene in your case.
If You Suffered a Workplace Injury in Tennessee, Our Attorneys Can Help
If you were hurt on the job in Tennessee, seek support from our experienced Tennessee workplace injury lawyers by calling Howe Law at (844) 876-4357 to review your case for free.