What can you do if you’re injured on the job as an government employee?
Hello, this is Darrell Castle. I’m an attorney licensed to practice law in the state of Tennessee and on this video, I’m talking about how a person can recover money damages if he is injured while on the job working for the city or for some other government entity, like the school system or something like that.
The way that works is – it’s a simple negligence theory because the city does not have worker’s compensation. You’re not entitled to worker’s compensation if you are injured working for the city or for the county.
And so as a result of that, it is a negligence theory, in other words, was the city negligent or not?
Since there’s no worker’s compensation, they’re not protect. In other words, they’re not immune from suit. You can sue the city if you’re an employee and are injured on the job or you’re injured by another employee. But there has to be negligence, it can’t just be a simple injury.
Like if you were in a normal job working for a private employer, and you use a hammer everyday to drive nails into boards and you hit your finger with a hammer and it causes some serious injury that gets infected and you lose your finger or something like that, you’re covered under worker’s compensation.
But on a job that we’re talking about for the city, or some other government entity, there wouldn’t be any negligence there on the part of the city, so no recovery.
Let’s give another example.
Let’s say you and another city employer were driving down the road in a city truck – you’re the passenger and he’s the driver, and you have an accident that’s his fault, the driver’s fault in other words, and you’re injured. You can possibly recover by suing the city because the city is responsible for the negligence of it’s employees – that’s the way it works.
So, negligence of other employees is a good theory to go under, but in general, no worker’s compensation, and therefore no immunity from suit on the part of the government.