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Workers' compensation law is intended to benefit both the employee and employer alike. It provides an employee with medical benefits and money as compensation for an accident, injury or disease obtained while on the job. It also protects workers and their dependents from the hardships of an injury or death that may occur due to the work environment. Under the workers' compensation laws of Tennessee, the common law right to sue the employer (as in an auto accident case) is forfeited in exchange for guaranteed medical benefits and a lesser financial award, than there would be in a traditional personal injury or wrongful death case. As a result, the employer becomes immune to any court action for negligence against them by the employee in exchange for accepting limited and determined liability.
This cuts both ways for the injured worker. The injured worker's award for disability will be less than a personal injury award but the injured worker does not have to prove that the employer was negligent. They only have to prove that they were injured "in the course and scope of their employment." Basically, the trade off is that the worker gets less money and guaranteed lifetime medical benefits - but does not have to prove that the employer did anything wrong.
Please call or click to discuss your work related injury with a real attorney at The Williams Law Group. We can help!
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