Tennessee Workplace Injury Lawyer

Workplace Injuries - (OSHA/TOSHA)

When you work for an employer - be it a construction company, contractor or a manufacturing plant - you do so with the belief that it is a safe environment for you to work in. However, there are a number of industrial and construction accidents that occur in Tennessee every year. Hundreds are killed and thousands are injured in Tennessee and nationwide in such tragic accidents.

This obviously causes immense hardship for the injured workers and their families. In the case of serious injuries, workers cannot return to work for weeks or months. They face skyrocketing medical expenses, cost of treatment and running a household. In cases where a worker dies in a workplace accident, the family struggles to make ends meet. In most cases, families lose their sole breadwinner in such accidents.

If you or a loved one has been seriously injured in a work-related accident, you should consult an experienced personal injury attorney today.

TOSHA and Tennessee's Workers' Compensation System

The Occupational Safety and Health Act and its administrating agency, the Occupational Safety and Health Administration, collectively known as OSHA, protect the rights of Tennessee workers by setting workplace health and safety standards. The state arm of this federal agency is the Tennessee Division of Occupational Safety and Health (TOSHA). In addition to setting guidelines, OSHA also provides health and safety information training and assistance to both workers and employers. OSHA standards are rules and guidelines designed to protect workers from hazards on the job. The standards include some very specific regulations as well as a General Duty Clause.

This General Duty Clause is a catchall provision in OSHA that requires employers in Tennessee to "furnish a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to their employees."

Ordinarily, a breach of a duty recognized by law gives rise to a personal right of action by the injured party against the negligent party for all the injuries the injured party sustained as a result of the breach. However, the exclusive remedy provision of Tennessee's workers' compensation act trumps common law remedies (such as pain and suffering). Under the Tennessee workers' compensation system, an injured worker's remedies are limited to medical and future medical costs and lost wages. Moreover, before a worker can bring his or her claim to a court, he or she must first exhaust the benefit review process.

Proof of an actual intent to injure is about the only way to get around the exclusive remedy provision of the workers' compensation act. Even where the employer knowingly permitted dangerous working conditions to exist and violated safety regulations, it is not subject to ordinary liability. The employee, consequently, must look to the remedies provided under the workers' compensation system unless he or she actually proves that the employee acted with intent to injure.

Protecting Your Rights in Tennessee

If you have been severely injured in a workplace accident, you need to immediately get in touch with an experienced and knowledgeable Tennessee personal injury attorney at Baker Associates. An attorney with a thorough knowledge of OSHA/TOSHA regulations and experience with workers' compensation matters can take the necessary steps to protect your rights and make sure that you are fairly compensated for your injuries under the workers' compensation laws of the state of Tennessee. A injured worker attorney who has experience and knowledge in this area of the law will also be able to evaluate whether you have received a fair and reasonable settlement offer from your employer. Call today for a free consultation.

If you are looking for workplace accident attorneys in the Knoxville or Pigeon Forge, Tennessee area, schedule a free consultation with one of our personal injury attorneys by completing the form below.

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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929

Phone: (865) 521-0001
Toll-free: (866) 853-2888

Sevier County
121 Court Avenue
Sevierville, Tennessee 37862

Phone: (865) 546-6000
Toll-free: (866) 853-2888

Washington County
300 East Main Street
Johnson City, Tennessee 37601

Sevierville Worker Injury Lawyer Disclaimer: The workplace injury or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a Tennessee workplace injury lawyer or personal injury attorney at our Tennessee law firm. This web site is not intended to solicit clients for matters outside of the State of Tennessee.

Copyright © 2019 Baker Associates - Knoxville Workplace Accident Lawyers serving Tennessee, including East Tennessee, Sevierville, and Knoxville.