Negligent Coworkers

You Can File a Workers’ Compensation Claim Even if Your Coworker is to Blame

Protecting your rights when a coworker causes your injury

Most people know that their employers are responsible for keeping the workplace safe and accessible for their workers – but what happens when a colleague causes your injury? Here at the Rocky McElhaney Law Firm, we’ve helped people just like you who were injured at work because of a coworker’s negligence. We guide you through the process of filing for workers’ compensation, and we fight aggressively for your right to collect if your claim was denied. You can trust in us, as so many people throughout Tennessee have done before you, to protect you from start to finish.

Accountability and third party claims

If you were injured at work, you can file for workers’ compensation – period. It doesn’t matter if a coworker is to blame for your accident or not; under the law, any person injured on the job may file for benefits. These benefits can help you pay for your medical bills, and make up for your lost wages. Workers’ compensation is generally a no-fault system, so your employer does not have to be responsible for your injury.

However, there are instances where the responsibility for your injury is two-fold. For example: let’s say your coworker was driving a forklift recklessly. He sped towards you, and when he went to hit the brakes they failed, and you were pinned under the machine. In a case such as this, your coworker is directly responsible for your injury; however your employer, whose responsibility it is to ensure that the machinery is in proper working order and safe to use, may also be responsible – both for failing to inspect the equipment and/or for failing to intervene while your coworker was behaving recklessly on the job. In these cases, we can file a third party claim against your employer for additional damages.

A third party claim can be used for:

  • Additional medical bills, including any required therapy
  • Out-of-pocket expenses
  • Pain and suffering (which cannot be claimed under “regular” workers’ compensation)
  • Total lost wages (unlike workers’ comp, which only provides a percentage of your wages)

Here at the Rocky McElhaney Law Firm, we know what it takes to build and win a case for workers’ compensation. We have the skills and experience necessary to take on complex third party claims, and the resources to make that case virtually air-tight.

Don’t let a negligent worker keep you from filing a workers’ compensation claim

If you were hurt on the job, the attorneys at the Rocky McElhaney Law Firm in Nashville can help you get the compensation you need to recover. We are particularly adept at filing third party claims when both a coworker and your employer are responsible for the injuries you sustained. Please call 888.619.4765 or fill out our contact form to schedule a free initial consultation with one of our team. In addition to Nashville, we proudly serve clients in Hendersonville, Kingsport, Knoxville, Columbia, Chattanooga, Murfreesboro and Memphis.

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What Clients Say About Us

“I would like to express my sincere gratitude…”

"5 stars! I would like to express my sincere gratitude to you and all the attorneys who handled my case from The Rocky McElhaney Law Firm for your excellent representation in my case. Words cannot express my heartfelt thanks for your outstanding professionalism, expertise, and legal consultation."

Eddie H.

Rocky McElhaney Law Firm
2015-02-06T16:39:03+00:00

Eddie H.

"5 stars! I would like to express my sincere gratitude to you and all the attorneys who handled my case from The Rocky McElhaney Law Firm for your excellent representation in my case. Words cannot express my heartfelt thanks for your outstanding professionalism, expertise, and legal consultation."

“Rocky McElhaney Law Firm went above and beyond the call of duty “

"5 stars! To whom it may concern: Rocky McElhaney Law Firm went above and beyond the call of duty when it came to handling my case. Rocky McElhaney and Russell Belk were there for me 100% of the way."

Linda S.

Rocky McElhaney Law Firm
2015-02-06T15:34:24+00:00

Linda S.

"5 stars! To whom it may concern: Rocky McElhaney Law Firm went above and beyond the call of duty when it came to handling my case. Rocky McElhaney and Russell Belk were there for me 100% of the way."

“…You are not just a number, but a name.”

"5 stars! This is the greatest Law firm I have ever seen. They make you feel like you are being taken care of and you are not just a number, but a name. They are very concerned with your every need. Rocky we love your LAW FIRM!!"

Mary T.

Rocky McElhaney Law Firm
2015-02-06T16:39:44+00:00

Mary T.

"5 stars! This is the greatest Law firm I have ever seen. They make you feel like you are being taken care of and you are not just a number, but a name. They are very concerned with your every need. Rocky we love your LAW FIRM!!"

“You and your staff again are amazing…”

"As much as I love all the "thank you's" my friend is giving me for recommending you, I of course cannot take all the credit. You and your staff again are amazing and when I can, I wil refer you always. My friend is overwhelmed (her exact words) for how well you took care of her and her daughter."

Kerry W.

Rocky McElhaney Law Firm
2015-02-06T15:32:17+00:00

Kerry W.

"As much as I love all the "thank you's" my friend is giving me for recommending you, I of course cannot take all the credit. You and your staff again are amazing and when I can, I wil refer you always. My friend is overwhelmed (her exact words) for how well you took care of her and her daughter."

“We could never begin to thank you for all of your help.”

"We could never begin to thank you for all of your help. We always refer folks to you and will continue as you are, “The Man!” We treasure your friendship and are so proud to say that Rocky McElhaney is our lawyer!"

Bobby and Beck P.

Rocky McElhaney Law Firm
2015-02-06T15:33:42+00:00

Bobby and Beck P.

"We could never begin to thank you for all of your help. We always refer folks to you and will continue as you are, “The Man!” We treasure your friendship and are so proud to say that Rocky McElhaney is our lawyer!"

“Rocky McElhaney Law firm is filled with great people…”

"5 stars! If you’re looking for a team of great attorney’s, then you’ve reached the ones and no longer need to search. Rocky McElhaney Law firm is filled with great people that are empathetic, and will fight for you like they are fighting for themselves! Call them up and see for yourselves!"

Phillip H.

Rocky McElhaney Law Firm
2015-02-06T16:37:49+00:00

Phillip H.

"5 stars! If you’re looking for a team of great attorney’s, then you’ve reached the ones and no longer need to search. Rocky McElhaney Law firm is filled with great people that are empathetic, and will fight for you like they are fighting for themselves! Call them up and see for yourselves!"
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