Construction sites are some of the most dangerous workplaces in Tennessee. Between heavy machinery, elevated platforms, electrical hazards, and constant movement, the risk of serious injury is ever-present.
When an accident happens, you are left dealing with medical bills, lost wages, and uncertainty about your future.
You do have options to recover compensation, but Tennessee construction accident cases can involve multiple parties, overlapping insurance policies, and complicated legal questions.
Knowing who can be held liable and how to prove your case is essential to securing the resources you need to move forward. Get in touch with a Knoxville construction accident lawyer to discuss your options.
Workers’ Comp vs. Third-Party Claims After a Construction Accident
After a construction accident, your first source of recovery will likely be workers’ compensation. Tennessee law requires most employers to carry workers’ comp insurance, which covers medical expenses and a portion of lost wages for employees hurt on the job, regardless of who was at fault. The trade-off is that workers’ comp generally prevents you from suing your employer.
However, there’s an important exception: if your employer intentionally caused your injury or acted with gross negligence that rises to the level of intentional conduct, you may be able to file a personal injury lawsuit.
Beyond your employer, you also have the right to pursue third-party claims against anyone else whose negligence contributed to your accident. These third-party claims can provide compensation that workers’ comp doesn’t cover, such as pain and suffering.
Who Can Be Held Liable in a Tennessee Construction Accident?
Construction sites involve numerous parties, and determining liability often requires a thorough investigation. Depending on the circumstances of your accident, multiple parties may share responsibility for your injuries:
- General Contractors: They oversee the entire project and have a duty to maintain safe working conditions, coordinate subcontractors, and ensure compliance with safety regulations.
- Subcontractors: These specialized workers or companies may be liable if their negligence—such as faulty electrical work or improper scaffolding installation—directly caused your injury.
- Property Owners: The owner of the construction site can be held responsible if they knew about dangerous conditions and failed to address them.
- Equipment Manufacturers: If defective machinery or tools caused your accident, the manufacturer or distributor may be liable under product liability laws.
- Architects and Engineers: Design professionals can be held accountable if flawed plans or inadequate safety specifications contributed to the hazardous condition that injured you.
How to Prove Negligence in Your Construction Accident Lawsuit
To successfully recover compensation in a third-party construction accident case, you must prove that the defendant’s negligence caused your injuries.
Tennessee law requires you to establish four facts:
- The defendant owed you a legal duty to act with reasonable care.
- The defendant violated this duty through action or inaction, like failing to provide fall protection or ignoring known hazards.
- There is a direct link between the defendant’s breach of duty and your actions.
- You suffered damages, such as medical expenses, lost income, physical pain, and emotional distress.
Discuss Your Construction Accident Case with Our Firm
If you have been hurt on a construction site, you shouldn’t have to navigate the complex web of liability on your own. The Lawyers of Brown & Roberto will fight to hold the right parties accountable.
We understand Tennessee construction law and know how to build a strong case for the compensation you deserve. Contact us at (865) 413-3907 today for a free consultation and let us help you take the first step toward recovery.