Fault is not to be considered in most Tennessee Workers Compensation Cases
The Tennessee Workers Compensation system is a “no fault system”. In other words, sometimes accidents simply happen and if you are injured during the course and scope of your employment you should receive work comp benefits. These benefits are there to help employees get back to work and to provide income while they heal.
Unfortunately, one trend we are seeing more and more involves employers denying claims because of “misconduct” or “safety violations”. These two defenses do have a place in the Tenn work comp system but they are generally reserved for flagrant violations such as an injury occuring because of intoxication or an employee intentiollay violating a crucial safety rule. It seems that employers, however, are now trying to blur the line between a simple accident and an intentional wrongful act.
If your comp claim is being wrongfully denied or if your employer is attempting to intimidate you after a workers compensation injury please contact an experienced workman’s compensation attorney. Our office is experienced in pursuing these claims and can often give quick answers to your questions. Simply knowing your rights can make a big difference in these cases.
Author Bio
Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.
Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.
