Tennessee Construction Accident Lawyer

A fall from a scaffold, a trench collapse, or a crushed hand on a job site can end a career before the ambulance leaves the lot. Fox, Farley, Willis & Burnette is a Tennessee personal injury law firm that represents injured construction workers and their families across East Tennessee and the rest of the state, and as a Tennessee construction accident lawyer team we focus on the claims that workers’ compensation alone does not fix.

Construction sites are crowded with companies. A general contractor hires subcontractors, who hire their own crews, while equipment makers, property owners, and truck drivers all pass through the same site. When someone gets hurt, the question of who answered for the hazard is rarely simple, and the answer determines whether a worker is limited to workers’ compensation benefits or can pursue a full civil claim.

The clock is short. Most Tennessee injury lawsuits must be filed within one year of the injury, and evidence on a job site, from harness gear to inspection logs, can vanish within days of a serious accident.

Why Choose Fox, Farley, Willis & Burnette for a Construction Injury Claim

Bruce D. Fox, co-founder of the firm, has tried more than 125 jury trials in state and federal court, and he served on the Tennessee Advisory Council on Workers’ Compensation from 2008 to 2021. That matters on a construction case because these claims sit at the border between the workers’ compensation system and ordinary negligence law, and knowing both sides of that border shapes how a third-party lawsuit is built. The Tennessee Trial Lawyers Association honored him with its Lifetime Achievement Award in 2025 and its Paladin Award in 2011, and he is a past president of that association and a member of the American Board of Trial Advocates.

The firm’s attorneys bring more than 170 years of combined experience, and two of our partners spent the early part of their careers defending insurance companies, trucking companies, and businesses. They know how a contractor’s insurer will test a worker’s account, where the defense usually pushes, and how fault gets shifted toward the injured person. Partner Brad C. Burnette holds an AV Preeminent rating from Martindale-Hubbell and serves on the Tennessee Trial Lawyers Association Board of Governors. Partner John Willis also serves on that board and has tried cases from the Tri-Cities to Chattanooga.

The results reflect that trial experience. The firm secured $1.5 million for a Knox County roofer who suffered a traumatic brain injury when his safety harness failed, and $1.6 million for an Anderson County man struck head-on by a commercial delivery truck on his way to work. Across all case types, the firm has recovered over $100 million for clients. Our attorneys are regularly voted among Knoxville’s Top Attorneys by CityView Magazine.

Fees work on a contingency basis: no attorney fees unless we recover compensation, and consultations are free. If your injuries make travel hard, we can meet you at home or in the hospital. Hablamos español, and trial attorney Michael C. Beehan is fluent in Spanish, which matters on job sites where many workers speak Spanish as their first language.

Common Ways Construction Workers Get Hurt in Tennessee

• Falls From Heights: Roofs, scaffolds, ladders, and open floor edges produce the most devastating injuries, including brain trauma, spinal cord damage, and shattered limbs. Missing guardrails, failed fall protection, and poorly assembled scaffolding often point to a liable party beyond the employer.
• Struck-By and Crush Injuries: Falling tools and materials, swinging loads, and heavy equipment backing into crews cause fractures, amputations, and fatal injuries. Crane operators, rigging contractors, and equipment owners can all share responsibility.
• Trench and Excavation Collapses: Utility and foundation work around Knoxville and the Sevier County resort corridor involves digging that must be properly shored or sloped. A collapse can bury a worker in seconds, and the contractor in control of the excavation is a central target.
• Electrocution and Burns: Contact with overhead lines, improperly grounded tools, and live circuits injures electricians and laborers alike. Severe burns can trigger a higher cap on noneconomic damages under Tennessee law when they reach the statutory threshold.
• Defective Equipment and Safety Gear: Harnesses, lifts, nail guns, saws, and machine guards sometimes fail because of how they were designed or built. A product claim against the manufacturer can reach damages that workers’ compensation never would.
• Roadway and Work Zone Crashes: Flaggers, paving crews, and workers hauling materials are struck by negligent drivers on interstates and local roads. Because the driver is not the employer, this is a classic third-party claim.
• Overexertion and Repetitive Trauma: Heavy lifting and long-term strain can cause serious back, shoulder, and joint injuries. These are usually workers’ compensation matters, but an unsafe tool or setup supplied by an outside company can open another path.
• Fatal Job Site Accidents: When a worker dies, the family may pursue a wrongful death claim against the responsible outside parties, in addition to any death benefits available through the employer’s coverage.

What to Do After a Construction Site Injury

Get medical care first, and tell the treating provider exactly how the injury happened and that it occurred at work. Gaps in treatment and vague histories get used against injured workers later. Report the injury to your employer promptly and in writing so there is a record.

Then preserve what you can. Take photographs of the scene, the equipment, and your injuries if you are able, or ask a coworker or family member to do it. Write down the names of everyone on site, including subcontractor crews and delivery drivers, since the company that matters most to your lawsuit may not be your employer. Keep any damaged gear, such as a torn harness or broken tool, and do not hand it back to a supervisor or let the company repair it. Employers and insurers sometimes move quickly to recover equipment, logs, and footage.

Be careful with recorded statements. An adjuster for the general contractor or a property owner may call within days and sound sympathetic, but anything you say can narrow your options later. Refer those calls to a lawyer.

The filing deadline is the hard edge of the case. Tennessee generally gives one year from the injury to file a personal injury lawsuit, extended to two years in the narrow situation where the person who caused the injury is criminally prosecuted within that first year and you sue that same party. In a death case, the one-year period runs from the date of the injury, not the date of death, which surprises many families. Claims against a government entity fall under their own rules and a 12-month filing window, so a project run by a city, county, or state agency needs immediate attention.

Civil injury suits in this region are filed in the circuit court for the county where the case belongs, such as the Knox County Circuit Court in the Sixth Judicial District or the circuit courts serving Blount, Anderson, and Sevier counties. Cases involving parties from different states or federal questions may land in the U.S. District Court for the Eastern District of Tennessee, whose Northern Division sits in Knoxville and covers Knox, Anderson, Blount, Sevier, Campbell, Roane, and other East Tennessee counties. Most claims settle before trial, but the settlement value is shaped by how credibly the case could be tried.

Third-Party Claims, Comparative Fault, and Damage Limits

Workers’ compensation is generally the only remedy an employee has against their own employer, and it pays medical care and partial wage benefits without regard to fault. It does not pay for pain and suffering. That is why our workplace injury practice centers on lawsuits against someone other than the employer whose negligence caused the harm: a negligent driver, a subcontractor on the same site, a property owner who ignored a known hazard, or a manufacturer of defective equipment. A third-party recovery can include pain and suffering and the full value of lost earning capacity, which matters most when an injury leaves someone unable to return to any kind of work. The employer or its insurer usually has a right to be repaid from that recovery for benefits already paid, so the two tracks must be coordinated from the start.

Tennessee uses modified comparative fault. You can recover if you are less than 50 percent at fault, and your award is reduced by your share. At 50 percent or more, the claim is barred. Fault can also be assigned to people who are not even parties to the suit, and Tennessee has largely abolished joint and several liability in negligence cases, so each defendant pays only its own share. On a multi-contractor site, that makes it essential to identify every responsible company before the case is filed. Defense lawyers will often point at the injured worker, claiming he skipped protective gear or ignored instructions, so the investigation has to address that directly.

Damages have rules too. Tennessee generally limits noneconomic damages, such as pain and suffering, to $750,000, raised to $1 million for a defined catastrophic loss, which includes spinal cord injury causing paraplegia or quadriplegia, amputation of two hands, feet, or one of each, and third-degree burns over 40 percent of the body or face. Economic damages, including medical bills and lost income, are not capped. The noneconomic cap does not apply in certain circumstances, such as when a defendant intentionally caused the injury, was intoxicated, or destroyed evidence. Punitive damages, when available, are limited to the greater of two times compensatory damages or $500,000.

Questions About Tennessee Construction Accident Claims

Can I sue my employer if I was hurt on a construction site?

In most cases, no. Workers’ compensation is generally the exclusive remedy against your own employer. But if a different company, driver, or manufacturer contributed to your injury, you may have a third-party lawsuit that recovers damages workers’ compensation does not pay.

How long do I have to file a construction accident lawsuit in Tennessee?

Generally one year from the date of injury. The period can stretch to two years when the person who caused the injury is criminally charged within that first year and you sue that same person. Claims against government entities follow a separate 12-month rule.

What if I was partly to blame for the accident?

You can still recover as long as you are less than 50 percent at fault, but your compensation is reduced by your percentage. Insurers lean on this rule, so a thorough investigation of site conditions and supervision is important.

Who counts as a “third party” on a construction project?

Anyone other than your direct employer whose carelessness helped cause the injury. That can be a general contractor, a subcontractor whose crew created the hazard, the property owner, an equipment manufacturer, a rental company, or a driver who hit you on the way to or on the job.

Do I need a lawyer if I am already receiving workers’ compensation?

Receiving benefits does not rule out a separate claim. Because the employer or insurer may have a right to be reimbursed from a third-party recovery, it helps to have a lawyer handle both pieces so one does not undercut the other.

What compensation is available in a third-party construction case?

Medical expenses, lost income, loss of earning capacity, and pain and suffering, subject to Tennessee’s noneconomic damage limits. Economic losses are not capped.

My brain injury is permanent. Does the damage cap hurt my case?

The general limit on noneconomic damages applies to many injuries, with a higher ceiling for statutorily defined catastrophic losses such as paraplegia or quadriplegia. The jury is not told about the cap; the judge applies it afterward. Medical costs and lost earnings are outside the cap, which is why documenting long-term care needs carefully is so important.

What if the construction company was operating without enough insurance?

Coverage limits shape what can be collected, but they do not end the analysis. We look at every responsible party and every available policy, including those of subcontractors and property owners, and uninsured motorist coverage where a vehicle was involved.

Can my family file a claim if a loved one died on a job site?

Yes. Tennessee’s wrongful death statute passes the right of action to the surviving spouse, then to the children or next of kin, or it can be brought by a personal representative. The one-year deadline runs from the date of the injury. Recovery can include lost income, medical and funeral expenses, and the value of the life that was taken.

Will the contractor’s insurer try to settle quickly?

Often, and the early offer is usually low. Insurers know that the full extent of a spinal or brain injury may not be clear for months. Settling before you reach maximum medical improvement can leave you without funds for future surgeries and care.

Can you meet me if I am still in the hospital?

Yes. If your injuries make travel difficult, we can meet you at home or in the hospital.

Representing Injured Workers Across East Tennessee

Our construction injury work reaches from Knox County, where building and renovation never seem to slow down, across the region. We represent workers hurt in and around Knoxville, Farragut, Powell, Halls, and Karns, and those on projects in Blount County from Maryville and Alcoa to Townsend. In Sevier County, we handle cases from Sevierville, Pigeon Forge, and Gatlinburg, where resort, cabin, and attraction construction employs large crews.

Anderson County is where our roots run deepest, and we serve workers in Clinton, Oak Ridge, Oliver Springs, and Norris. We also represent clients in Campbell County, including LaFollette and Jacksboro, and across Roane, Claiborne, Morgan, Jefferson, and Monroe counties. Beyond East Tennessee, we take cases from Johnson City to Nashville and Memphis, and across all of Tennessee, traveling to clients when injuries make it hard to come to us.

Talk With a Tennessee Construction Accident Attorney

If a job site injury has put you out of work or taken someone you love, a conversation with a Tennessee construction accident attorney at Fox, Farley, Willis & Burnette costs nothing and carries no obligation. We will look at who was in control of the site, which companies may be answerable, and how the filing deadline affects your options. Call us to schedule a free consultation, and we will go from there.