Tennessee Temporary Worker Injury Lawyer

Fox, Farley, Willis & Burnette represents injured workers and their families across East Tennessee and throughout the state, including people placed on job sites through staffing agencies. If you were hurt while working a temp assignment in a warehouse, on a factory line, at a construction site, or behind the wheel of a delivery vehicle, you are looking for a Tennessee temporary worker injury lawyer who understands that your situation has more moving parts than a typical workplace injury.

The reason is simple: temp workers usually have two employers. The staffing agency pays you, and the company where you actually work directs your day. Each one may have workers’ compensation insurance, each may point to the other, and neither may be the only party responsible for what happened to you. Sorting out who owes what, and who can be sued, is where these cases are won or lost.

The clock is also short. Tennessee gives most injured people one year from the date of injury to file a lawsuit, and that year starts running whether you are still in the hospital or not.

How Staffing Arrangements Shape a Temp Worker Injury Claim

Workers’ compensation is generally the only remedy an employee has against their own employer. For a temp worker, that raises an immediate question: who is the employer? Depending on the arrangement, the staffing agency, the host company, or both may carry coverage and be protected from a direct lawsuit. Where the paperwork says one thing and the day-to-day reality says another, the details of who hired you, who supervised you, and who controlled your work matter a great deal.

Our firm focuses its workplace injury practice on third-party claims. These are lawsuits against someone other than the employer whose negligence caused the injury. For temp workers, the pool of potential third parties can be wider than people expect. A contractor working alongside you on the same site, the owner of the property, the manufacturer of a defective machine, or a negligent driver on the road may all be outside the workers’ compensation shield.

The difference in value can be large. Workers’ compensation does not pay for pain and suffering. A third-party claim can, and it can also account for the full loss of earning capacity when an injury keeps someone from returning to any kind of work. Economic damages such as medical bills and lost income are not capped in Tennessee. Noneconomic damages are generally limited to $750,000, rising to $1 million for defined catastrophic losses such as paraplegia, quadriplegia, or certain amputations. Those limits are lifted entirely in certain situations, including when the defendant was intoxicated, intentionally caused the harm, or destroyed evidence.

One more wrinkle: the employer or its insurer generally has a right to be repaid from your recovery for benefits it already paid. That reimbursement interest has to be handled carefully from the start, or it can eat into what you take home.

Why Choose Fox, Farley, Willis & Burnette for a Temp Worker Injury Case

Fox, Farley, Willis & Burnette is a Tennessee personal injury firm that serves injured people from Knoxville and Sevierville to Maryville, Clinton, LaFollette, and communities across the state. Our attorneys bring more than 170 years of combined experience, and the firm has recovered over $100 million for clients. Staffing-agency cases reward lawyers who know how insurers and corporate defendants actually build their defenses, and two of our partners spent the early part of their careers defending insurance companies, trucking companies, and businesses before moving to the plaintiff’s side.

Several of our results involve exactly the kind of work temp employees do. We recovered $1.5 million for a roofer who suffered a traumatic brain injury in Knox County when his safety harness failed. We obtained $1.6 million for an Anderson County man struck head-on by a commercial delivery truck on his way to work, and $3.4 million for the family of a man killed in a Morgan County rear-end collision caused by a construction company driver. Past results do not guarantee a similar outcome, but they show the firm’s comfort with serious, contested cases.

On the workers’ compensation side, co-founder Bruce D. Fox served on the Tennessee Advisory Council on Workers’ Compensation from 2008 to 2021, which gave him a close view of how the system operates. He has tried more than 125 jury trials, is a member of the American Board of Trial Advocates, and received the Tennessee Trial Lawyers Association’s Lifetime Achievement Award. He is a past president of that association and has been selected to Mid-South Super Lawyers 17 times. Partner Brad C. Burnette holds an AV Preeminent rating from Martindale-Hubbell and has served on the TTLA Board of Governors, and partner John Willis also serves on that board and is a past president of the Anderson County Bar Association. Trial attorney Michael C. Beehan is fluent in Spanish and represents Spanish-speaking clients in their own language, which matters in industries where many temp workers are employed. Hablamos español.

There are no attorney fees unless we recover compensation for you, and every consultation is free. If your injuries make travel hard, we can meet you at home or in the hospital.

What to Do Right Now After a Temp Job Injury

Report the injury to your supervisor at the work site and to the staffing agency, in writing if you can, and do it quickly. Temp workers sometimes assume only one of them needs to know. Tell both. Ask for the name of each company’s workers’ compensation carrier, and keep a copy of anything you sign.

Get medical care and be specific with the doctor about how the injury happened at work. Medical records written in the first days become the backbone of the claim. If the staffing agency steers you to a particular clinic, you can still describe your symptoms completely and accurately, and you should not downplay them to get back on the schedule.

Gather what temp workers often do not have: your assignment paperwork, pay stubs, the agency’s contact information, the name of the host company, and the names of coworkers who saw what happened. Photograph the area, the equipment, and your injuries. If a machine or safety device failed, do not let anyone discard it, and tell us right away so that evidence can be preserved. If the injury involved a vehicle, logs, maintenance records, and electronic data can disappear quickly.

Watch the calendar. Most Tennessee injury lawsuits must be filed within one year of the injury. That deadline can stretch to two years when the person who caused the harm faces criminal charges for the same conduct and is prosecuted within the first year, such as a DUI, but a municipal traffic citation generally does not qualify. Claims involving government entities carry their own, often shorter, notice and filing rules. Property damage claims run on a separate three-year clock.

Be careful with recorded statements. Adjusters for the staffing agency, the host company, and a third party’s insurer may all call you, and each has an interest in assigning fault elsewhere. Tennessee applies modified comparative fault: you can recover only if you are less than 50 percent at fault, and your award is reduced by your share. Fault can also be assigned to people who are not even in the lawsuit, so offhand comments about “not being trained” or “rushing” can be used against you. Talk to a lawyer before giving a statement beyond the basics.

Where a case ends up in court depends on the facts. Third-party lawsuits are typically filed in circuit court in the county where the injury happened or the defendant is found; in Knox County, that is the Knox County Circuit Court in Knoxville, part of the Sixth Judicial District. Cases with out-of-state defendants or federal questions may belong in the U.S. District Court for the Eastern District of Tennessee, whose Northern Division sits in Knoxville.

Common Temp Worker Injury Situations

• Warehouse and Distribution Injuries: Forklift collisions, falling inventory, conveyor accidents, and overexertion injuries are frequent in distribution work. Temp workers are often assigned to the most physical tasks with the least training, and a negligent equipment operator from another company may be a third party.
• Manufacturing and Machine Injuries: Crush, amputation, and burn injuries on production lines can trace back to a defective machine or a missing guard. A claim against the equipment manufacturer or a maintenance contractor can reach damages workers’ compensation does not.
• Construction and Roofing Falls: Falls from roofs, scaffolds, and ladders cause traumatic brain injuries, spinal damage, and death. Failed harnesses, missing fall protection, and negligent subcontractors or property owners can all create third-party liability.
• Vehicle Crashes on the Job: Temp drivers and delivery workers are hit by negligent motorists on roads such as Interstate 40, Interstate 75, and the Parkway in Sevier County. Tennessee’s minimum liability coverage is modest, so uninsured and underinsured motorist coverage can matter.
• Hospitality and Tourism Work: Seasonal and temporary staff in Gatlinburg and Pigeon Forge hotels, cabins, and attractions can be hurt in falls, kitchen accidents, or dangerous premises not controlled by their own employer.
• Dangerous Conditions and Exposure: Chemical exposure, carbon monoxide, and unsafe premises can injure workers who were never properly warned. Inspection records and maintenance histories often show who knew about the hazard.
• Fatal Workplace Accidents: When a temp worker dies on the job, a wrongful death claim against a responsible third party may be possible. The right to sue passes to the surviving spouse, then to the children or next of kin, or may be brought by a personal representative.

Temp Worker Injury Questions Answered

Can a temp worker get workers’ compensation in Tennessee?

Generally, yes. Temporary workers are typically covered, either through the staffing agency, the host company, or both. Which carrier is responsible depends on how the arrangement is structured. Coverage questions should not delay reporting your injury or getting treatment.

Who is my employer if a staffing agency placed me?

It can be the agency, the company where you worked, or both for different purposes. The answer turns on who hired and paid you, who supervised and controlled your work, and what the contracts between the companies say. This question affects who is protected from a lawsuit and who is not.

Can I sue the company where I was assigned?

Often not, if it is treated as your employer for workers’ compensation purposes. But other parties may still be liable, including outside contractors, equipment makers, property owners, and negligent drivers. We look at every possible defendant before deciding the best path.

How long do I have to file a temp worker injury lawsuit?

Most Tennessee personal injury claims must be filed within one year of the injury. Wrongful death claims use the same one-year period, and it runs from the date of the injury, not the date of death. Claims against government entities and certain other defendants have additional rules, so do not wait.

What is a third-party claim and why does it matter?

It is a lawsuit against someone other than your employer whose carelessness caused your injury. Unlike workers’ compensation, it can include pain and suffering and the full value of lost earning capacity. It is often the only way to be compensated for the true cost of a permanent injury.

What if the staffing agency says I was not really injured at work?

Disputes over whether an injury is work-related are common. Prompt written reports, consistent medical records, and witness statements make these denials harder to sustain. If your claim is denied, do not assume the matter is over.

I was partly to blame. Can I still recover?

Yes, as long as you are less than 50 percent at fault. Your recovery is reduced by your percentage of fault. At 50 percent or more, you are barred. Insurers often push blame onto temp workers by claiming they were untrained or rushed, so a careful investigation matters.

Will the staffing agency or its insurer get repaid from my settlement?

Often they have a right to reimbursement for workers’ compensation benefits they paid, taken from your third-party recovery. That interest can usually be negotiated and needs to be accounted for early so your net recovery is not a surprise.

Can I be fired or dropped from the staffing agency for filing a claim?

Tennessee law protects employees from being retaliated against for pursuing workers’ compensation benefits, but temp workers can face quiet consequences, like no longer being offered assignments. If that happens, tell your lawyer so it can be evaluated.

What if I do not speak English well or I am worried about my status?

You can still pursue a claim for a workplace injury. Our firm has a Spanish-speaking trial attorney, Michael C. Beehan, and we can explain your options in your own language. Do not let fear stop you from at least talking to a lawyer.

How much does it cost to hire your firm?

Nothing up front. We handle injury cases on a contingency fee, so we are paid only if we recover compensation for you, and your first consultation is free.

What happens if my injury was caused by a drunk or distracted driver?

A driver who was intoxicated can face higher exposure, because the noneconomic damage limits do not apply in that situation. Tennessee’s Hands Free law also makes holding a phone while driving illegal, and a violation can help show negligence. These facts strengthen a third-party claim.

Serving Injured Temporary Workers Across East Tennessee and the State

We represent temp workers hurt on job sites in Knox County and throughout East Tennessee. From Knoxville and the surrounding industrial corridors to Maryville and Blount County, Sevierville, Pigeon Forge, and Gatlinburg in Sevier County, our attorneys handle injury claims for people working through staffing agencies. We also serve Clinton and Anderson County, LaFollette and Campbell County, and workers in Roane, Claiborne, Morgan, Jefferson, and Monroe counties.

Whether you work a seasonal tourism job in the Smokies, a distribution shift off the interstate, or a construction crew moving between sites, we can review your case wherever you live. Our reach extends to Johnson City, Nashville, Memphis, and every community in between, and we can come to you when your injuries make travel difficult.

Talk With a Tennessee Temporary Worker Injury Attorney Today

Because a temp assignment involves at least two companies and their insurers, the sooner someone starts sorting out responsibility, the better your odds of preserving evidence and identifying every party who owes you. Speaking with a temporary worker injury attorney now costs nothing, and it can keep a one-year deadline from slipping past.

Call Fox, Farley, Willis & Burnette for a free consultation. We will listen to what happened, explain which claims may be available, and tell you plainly what we see. You pay no attorney fees unless we recover compensation for you.