How Can We Help?

Clarksville Work Comp Lawyers

In 2013, Governor Bill Haslam signed into a law a bill that reformed the Tennessee workers’ compensation process with the hopes that workers would get their benefits more quickly. Despite this improvement, however, the process is still complicated, and denials are common.

The Clarksville work comp lawyers from Hughes & Coleman Injury Lawyers can help you file a workers’ comp claim and fight back against any attempt by your employer to deny it. We might also be able to help you recover additional compensation from third parties that caused or contributed to your injury.

For a free case evaluation, call 800-800-4600 today.

The Hughes & Coleman® Injury Lawyers Team Helps Clarksville Residents Fight for the Work Comp Benefits They Deserve

From our conveniently located office right on the river in downtown Clarksville, the Hughes & Coleman Injury Lawyers team serves area residents who have suffered injuries on the job.

We will help you fight for and recover the workers’ compensation benefits and other compensation you deserve. Our lawyers have extensive tools and resources to fight back against any attempt to deny you the benefits to which you are entitled.

Understanding Workers’ Compensation in Tennessee

Workers’ compensation is an insurance program into which employers pay premiums and employees may make claims for benefits after an on-the-job injury. Participation in workers’ compensation is mandatory for almost all private employers in Tennessee. If you get hurt at work, assuming your employer is up to date on workers’ compensation premiums, you can file a claim and collect benefits.

In certain situations, your employer might try to deny your claim. The job of the Hughes & Coleman Injury Lawyers team is to anticipate such challenges and fight them. The other potential roadblock to getting benefits is that you file a claim only to discover that your employer is not in good standing with work comp. We can help you recover benefits in this situation, too.

Potential Challenges To Filing a Work Comp Claim

As a general rule, you can file for workers’ compensation and receive benefits no matter the circumstances of your injury. That is, your employer does not have to be at fault for you to be eligible for workers’ comp. However, there are exceptions to this rule. Your employer can deny your claim under certain circumstances, and the insurer can refuse benefits if your employer is not in compliance with work comp.

What if Your Employer Denies Your Claim?

Your employer usually cannot deny your workers’ compensation claim, even if your injury was your fault (e.g., you were not watching where you were going and tumbled down a flight of stairs while carrying building materials). However, it can deny your claim under a few specific circumstances, which are as follows:

  • You were under the influence of drugs or alcohol at the time of your injury;
  • Your injury did not occur at work;
  • You purposefully injured yourself; or
  • You were behaving recklessly when you got hurt.
  • In either case, the onus is on your employer to prove one of the above. If we feel your employer might attempt such a claim, we will investigate and gather evidence to show that the claim is groundless. Our team has helped many Clarksville-area workers successfully fight back against attempts by their employers to deny their work comp claims.

What Should I Do If My Employer Is Out of Compliance with Work Comp?

The other situation which could prevent you from collecting work comp is if your employer is not in compliance with the program. Fortunately, this scenario is rare, but it does happen in Tennessee, and the Hughes & Coleman Injury Lawyers team is prepared for it.

If you file a claim only to discover that your employer is out of compliance, we have several ways to go about recovering compensation despite this fact. When we sit down for a free case evaluation, we will go over your options and contingencies.

Workers’ Comp Prohibits You from Suing Your Employer

An important thing to note is that workers’ compensation laws prohibit employees from suing their employers for workplace injuries. For example, if you suffered injuries on a construction site because your employer failed to provide you with fall prevention equipment, your only recourse would be workers’ comp, even though your employer was clearly negligent.

This can be problematic if you are the breadwinner in your family and your injuries keep you out of work for months or even years. However, you could have another option to recover compensation.

If Another Party Was Responsible, We Will Pursue Them for Compensation

Not all work injuries are solely the responsibility of the injured party’s employer. In some cases, a third party may have played a role in the injury, in which case we can pursue that party for compensation in a private lawsuit or settlement.

Here are a few typical examples of third parties often responsible for work injuries:

  • Job site owners
  • Vendors
  •  Contractors
  • Equipment manufacturers

Let Hughes & Coleman® Injury Lawyers Fight for the Compensation You Deserve

Let Hughes & Coleman® Injury Lawyers Fight for the Compensation You Deserve

In a workers’ comp claim, you could have grounds to recover compensation for several types of damages, and we help you go after all of them. These damages might include:

  • The current and anticipated costs of your medical bills;
  • Your lost income from work;
  • Your reduced ability to earn a living in the future

If we go after a third party in a private settlement or lawsuit, we may be able to recover additional damages, including:

  • Pain and suffering;
  • Loss of enjoyment of life;
  • Scarring and disfigurement.

Do Not Delay — Call 800-800-4600 Today to Schedule a Free Case Evaluation

If you suffered injuries at work, our team members are standing by waiting to hear from you. We want to help you recover the compensation you deserve. To schedule a free case evaluation, call 800-800-4600.

  • FREE CASE EVALUATION

  • This field is for validation purposes and should be left unchanged.

Theories of Liability in Defective Product Cases

Most product liability cases are based on a concept called “strict liability.” This legal concept essentially means that you are not required to prove that any of the entities or individuals listed above were careless in the creation of the product. Instead, the simple fact that you were injured by a product is often enough for a defective product case.

This victim-favorable concept was created, in part, because it would be very difficult to prove if a manufacturer was careless when it developed or created a product. It was also developed in response to the reality that consumers often cannot spot defects in products before they use them.
There are other theories of liability in defective product cases as well, but most cases in Tennessee and Kentucky are based on strict liability.
Some cases may involve a breach of warranty claim. In this type of claim, you assert that the defective product violated a particular promise that the manufacturer made to you by advertising the product or even just selling the product.

These warranties may be expressed or implied. An express warranty is specifically stated in the literature for the product or by the company that created the product. An implied warranty is an assumption by the consumer that the product they are purchasing is going to work as it is meant to work. For example, if you purchase a lawn mower, you will expect that it will be able to cut grass. If it cannot perform this function, then you may have an implied warranty claim.

Most breach of warranty claims can be addressed by working with the seller to correct a problem or fix a part. However, in some situations, the breach causes you damage. In these situations, you may have a legal remedy.

Getting Legal Help

If any product harms you, you should consider speaking with a defective products lawyer to see if you have any legal options. Many people fail to realize that they have a claim in these situations, which can be a costly mistake. Find out more by calling 800-800-4600.

Cases likely to be referred.

Request My Free Consultation

  • This field is for validation purposes and should be left unchanged.