Tennessee Subcontractor Injury Lawyer

The goal in a subcontractor injury case is to recover the full cost of the harm, including the medical care, the lost earning power, and the pain that workers’ compensation alone will never cover, from the companies whose decisions put you in danger. Fox, Farley, Willis & Burnette is a Tennessee personal injury firm that represents hurt workers and their families, and a Tennessee subcontractor injury lawyer from our team can look at your case from the angle that matters most: who besides your own employer is legally responsible?

Construction sites and industrial projects run on layers of contracts. A property owner hires a general contractor, the general contractor hires framing, roofing, electrical, and excavation subcontractors, and those subcontractors may bring in crews of their own. When someone is hurt, every one of those layers has a lawyer and an insurer thinking about how to push responsibility onto someone else. Your own employer is usually shielded by workers’ compensation, but the general contractor, the site owner, an equipment manufacturer, or another trade working beside you often is not. Identifying those parties early is where these cases are won or lost.

We serve injured workers across East Tennessee and throughout the state, from Knoxville and Sevierville to Johnson City, Nashville, and Memphis.

Common Ways Subcontractors Get Hurt on Tennessee Job Sites

• Falls From Roofs, Scaffolds, and Ladders: Roofers, framers, and siding crews work at height every day, and a failed safety harness, an unguarded edge, or a poorly assembled scaffold can end in a traumatic brain injury or spinal cord damage. Our attorneys recovered $1.5 million for a Knox County roofer who suffered a brain injury when his safety harness failed.
• Struck by a Negligent Driver on the Job: Subcontractors drive between sites, haul materials, and work beside active roadways. When a distracted or reckless driver causes the crash, that driver is a third party, and the claim can reach damages that workers’ compensation does not pay.
• Defective Machinery and Safety Equipment: Nail guns, saws, lifts, fall protection, and heavy equipment that malfunction can point to a manufacturer, a distributor, or a company that failed to maintain the machine. Preserving the equipment itself is often the single most important early step.
• Trench Collapses and Excavation Accidents: Sitework subcontractors face cave-ins and equipment rollovers, and responsibility may be shared among the excavator, the general contractor controlling the site, and the property owner.
• Electrical and Falling-Object Injuries: Unmarked energized lines, unsecured tools, and overhead work by another trade can seriously injure workers below, and the company responsible is frequently not the injured worker’s employer.
• Commercial Truck and Delivery Vehicle Collisions: Materials deliveries and dump trucks bring tractor-trailers and commercial vehicles onto and around work zones. Our attorneys recovered $1.6 million for an Anderson County man struck head-on by a commercial delivery truck while driving to work.
• Fatal Job Site Accidents: When a subcontractor dies on the job, a wrongful death claim against a negligent third party can seek lost income, medical and funeral expenses, and the value of the life that was taken, in addition to any workers’ compensation death benefits.

Why Subcontractor Cases Turn on Who Else Was Responsible

Tennessee’s workers’ compensation system generally prevents an injured employee from suing their own employer. That is the starting point for most subcontractor injuries, and it is why a Tennessee subcontractor injury attorney spends so much effort on a different question: which other company, individual, or manufacturer contributed to the harm? A third-party claim can include pain and suffering and the full value of lost earning capacity, which matters enormously when an injury leaves someone permanently unable to return to the trade they have worked in for years.

On a multi-employer site, the answer is rarely obvious. A general contractor may have controlled site safety and failed to enforce fall protection. A property owner may have known about a hazard and done nothing. A different subcontractor may have left an opening uncovered, stacked material unsafely above a work area, or operated equipment carelessly. A manufacturer may have sold a harness, lift, or tool with a design or manufacturing defect. Contracts between these companies, site safety plans, daily logs, inspection reports, and equipment maintenance records all help establish who held responsibility, and those records can disappear quickly once the company’s insurer gets involved.

Fault allocation is also central to how Tennessee cases are valued. Tennessee uses modified comparative fault, so an injured person can recover only if they are less than 50 percent at fault, and any award is reduced by their percentage of responsibility. Tennessee has also abolished joint and several liability in most negligence cases, and fault can be assigned to people who are not even parties to the lawsuit. In practice, that means every defendant will try to point at an empty chair, including at your own employer, who cannot be sued but can still be named as the party at fault. A careful investigation that documents what each company knew and controlled is the best defense against that strategy.

Workers’ compensation benefits already paid also have to be accounted for. The employer or its insurer generally has a right to be reimbursed from a third-party recovery, so these cases require careful coordination from the beginning to protect what you actually take home. Damages in Tennessee are also shaped by statutory limits. Noneconomic damages, such as pain and suffering, are generally capped at $750,000, rising to $1 million for a defined catastrophic loss, such as a spinal cord injury causing paraplegia or quadriplegia, amputation of two hands, two feet, or one of each, or severe burns covering a large portion of the body. Economic damages, including medical expenses and lost income, are not capped. The noneconomic cap is lifted in limited situations, for example where a defendant acted intentionally, was intoxicated, or destroyed evidence.

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

Third-party injury claims are tried, not just negotiated, and our firm’s strength is in the courtroom. Co-founder Bruce D. Fox has tried more than 125 jury trials in state and federal court, is a member of the American Board of Trial Advocates, and has been selected to Mid-South Super Lawyers 17 times. He received the Tennessee Trial Lawyers Association’s Lifetime Achievement Award in 2025 and is a past president of that association. He also served on the Tennessee Advisory Council on Workers’ Compensation from 2008 to 2021, which gives him an understanding of the compensation system that sits alongside every subcontractor case.

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 the Board of Governors and has tried cases from the Tri-Cities to Chattanooga. Two of our partners spent the early years of their careers defending insurance companies, trucking companies, and businesses, so they know how a construction company’s insurer and defense counsel will evaluate and attack your claim. Trial attorney Michael C. Beehan is fluent in Spanish and represents Spanish-speaking workers in their own language, an important point in an industry where many tradespeople are more comfortable in Spanish. Hablamos español.

Our results reflect the kind of serious injury and wrongful death cases that subcontractor work produces, including $3.4 million for the family of a man killed in a Morgan County rear-end collision caused by a construction company driver, and $2.3 million for a Knox County motorcyclist who lost his leg. Every case is different, and past results do not guarantee a similar outcome. Our attorneys have more than 170 years of combined experience, have recovered over $100 million for clients, and are regularly voted among Knoxville’s Top Attorneys by CityView Magazine. There are no attorney fees in a personal injury case unless we recover compensation for you, every consultation is free, and if your injuries make travel difficult, we can meet you at home or in the hospital.

Serving Injured Subcontractors Across East Tennessee and the State

Subcontractor injuries happen wherever building is happening, and our work reaches from the Smoky Mountain resort corridor to the state’s largest cities. We represent injured workers in Knox County and the Knoxville area, in Sevier County communities including Sevierville, Pigeon Forge, and Gatlinburg, and in Blount County, including Maryville. We also serve clients in Anderson County, including Clinton, in Campbell County, including LaFollette, and in Roane, Claiborne, Morgan, Jefferson, and Monroe counties.

Beyond East Tennessee, we represent clients in Johnson City, Nashville, Memphis, and the communities in between, and we can travel to you when injuries make it hard to come to us. Resort construction, commercial development, road work, and residential building keep tradespeople busy in all of these areas, and the same questions about multi-company responsibility come up on every one of those sites.

What to Do After a Subcontractor Injury in Tennessee

Start with medical care, and tell every provider exactly how you were hurt and that it happened at work. Accurate early records link your injuries to the incident and become the backbone of both a workers’ compensation claim and any third-party lawsuit. Report the injury to your employer promptly and follow their workers’ compensation process, but be careful about giving recorded statements to any insurance adjuster, including the one for your own employer, before you have talked with a lawyer.

Then focus on evidence that will not wait. Take photographs of the site, the equipment, and your injuries if you safely can, write down the names of coworkers, other trades, and the general contractor’s supervisors who saw what happened, and save text messages, work orders, and schedules. Ask that any failed equipment, harness, or tool be kept exactly as it is rather than repaired or thrown away. Companies at fault often have every reason to let evidence disappear, and a lawyer can send written preservation demands quickly. If a vehicle was involved, the police crash report from the investigating agency is an important record, and in commercial vehicle cases, logs, maintenance files, and electronic data need to be preserved before they are overwritten.

Watch the calendar. Most Tennessee personal injury lawsuits must be filed within one year of the injury, which is one of the shortest deadlines in the country. That period can extend to two years when criminal charges are brought against the person who caused the injury, the prosecution begins within a year of the injury, and you sue the person prosecuted. In wrongful death cases, the one-year period runs from the date of the injury, not the date of death. If a governmental entity was responsible, a separate 12-month deadline applies under the Governmental Tort Liability Act, and its damages are capped. Third-party cases in Tennessee are filed in state trial courts, typically the circuit court for the county where the case belongs, such as the Knox County Circuit Court, or in the U.S. District Court for the Eastern District of Tennessee when federal jurisdiction applies. Because of how short the deadlines are, waiting to see how your recovery goes can quietly cost you the case.

Frequently Asked Questions About Subcontractor Injuries in Tennessee

Can I sue the general contractor if I work for a subcontractor?

Often, yes. Your own employer is generally protected by workers’ compensation, but a general contractor, property owner, or other subcontractor is a separate party. Whether a claim against the general contractor works depends on what it controlled, what safety duties it took on, and what the contracts and facts show. An attorney needs to review the details of your site and your injury.

Can I get workers’ compensation and file a third-party lawsuit at the same time?

Yes. They are separate paths. Workers’ compensation covers medical care and wage benefits regardless of fault, while a third-party lawsuit seeks damages from someone other than your employer. Because the employer or its insurer generally has a right to be reimbursed from the third-party recovery for benefits it paid, the two claims need to be coordinated.

How long do I have to file a subcontractor injury lawsuit in Tennessee?

Most personal injury claims must be filed within one year of the injury. The deadline can extend to two years when criminal charges are brought against the person responsible, subject to the conditions in the statute. Claims against government entities and certain other defendants carry their own rules, so speak with a lawyer as early as you can.

What if I was partly at fault for my own fall or injury?

You can still recover if you are found less than 50 percent at fault, but your compensation is reduced by your percentage. At 50 percent or more, recovery is barred. Defendants often try to shift blame to the injured worker, so documenting that proper equipment, training, and supervision were not provided is important.

What damages are available in a third-party claim that workers’ compensation does not provide?

A third-party case can include pain and suffering and the full value of lost earning capacity, in addition to medical expenses and lost income. Economic damages are not capped in Tennessee, while noneconomic damages are generally limited to $750,000, or $1 million for a defined catastrophic injury.

I am an independent contractor, not an employee. Does that change anything?

It can. Whether you are an employee or an independent contractor affects whether workers’ compensation applies to you and which parties you may sue. Classification disputes are common in the construction trades, and the label on your paperwork does not always control. Tell your attorney exactly how your work was directed and paid.

What if my employer says I am responsible for the accident?

Workers’ compensation is designed to be a no-fault system, so blame generally should not decide whether you receive those benefits. In a third-party lawsuit, fault does matter, which is why a thorough investigation of the other companies on site is critical.

What if a family member was killed in a job site accident?

Tennessee allows a wrongful death action, which passes first to the surviving spouse, then to the children or next of kin, or to a personal representative. The one-year deadline runs from the date of the injury. These cases can seek lost income, medical and funeral expenses, and the value of the life lost, alongside any workers’ compensation death benefits.

Will my health insurance or workers’ compensation pay my bills while the lawsuit is pending?

Workers’ compensation should cover authorized medical treatment for a work injury while a third-party case proceeds. Third-party lawsuits can take a long time, so keeping up with treatment and benefits during that period is important, and your attorney can help you coordinate who pays for what.

Is it worth hiring a lawyer if workers’ compensation is already paying for my care?

Often it is, because workers’ compensation does not pay for pain and suffering and does not reflect the full value of lost earning capacity. If a negligent driver, equipment maker, or other contractor contributed to your injury, a third-party claim may be the only route to those damages. Consultations are free, so you can find out without cost.

Can I still bring a claim if I was hurt in a different county or by a company based out of state?

Often, yes. Tennessee courts can hear claims arising from injuries that happen here, and we handle cases against companies based elsewhere. Where a case is filed depends on the facts, including where the injury happened and where the defendants do business.

Talk With a Tennessee Subcontractor Injury Attorney Today

If you were hurt on a job site as a subcontractor, or you lost a family member in a construction accident, a Tennessee subcontractor injury attorney at Fox, Farley, Willis & Burnette can review what happened, identify who besides your employer may be responsible, and explain what your options are before the one-year deadline narrows them. Call us to schedule a free consultation. There are no attorney fees unless we recover compensation for you, and we will come to you at home or in the hospital if you cannot travel.