Skip to content
MyClaimWorth
TN
Tennessee · workplace

Workplace settlements
in Tennessee.

By 6 min read

Tennessee applies modified-50 comparative fault since McIntyre v. Balentine (1992) abolished pure contributory negligence, with one of the shortest US PI limitation windows (one year) and a $750,000 general non-economic cap. For workplace claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Tennessee's modified comparative — 50% bar and any applicable statutory cap.

Tennessee applies modified comparative negligence with a 50% bar. For workplace claims, this means a claimant who is 49% at fault recovers 51% of the award, but a claimant assigned 50% or more recovers nothing. The bright-line rule materially affects workplace settlement negotiations: insurers routinely argue claimant conduct toward the 50% threshold, and the perceived risk of stepping over the line drives many claimants to settle below the band.

Workplace injuries in Tennessee run on a parallel track to general tort recovery: workers' compensation is the primary remedy against the employer, with third-party tort claims (against a contractor, equipment manufacturer, or non-employer driver) layered on top. Tennessee's caps (non-economic damages cap (general)) apply to the third-party tort track only, and the workers' compensation insurer typically holds a subrogation right against any tort recovery.

band · US federal frame
Scheduled statutory benefits — no pain-and-suffering award
Workplace injury (workers compensation)
State workers-compensation schedules; value tracks the impairment rating, the wage rate and future medical, and most claims close by compromise-and-release rather than verdict.

The US band is the starting point. Tennessee's fault rule and any applicable cap then adjust the figure.

TN · statute of limitations
1 year from date of injury — among the shortest in the US

Tenn. Code Ann. § 28-3-104

TN · fault rule
Modified comparative — 50% bar

Modified comparative — recovery barred at 50% claimant fault under McIntyre v. Balentine (1992).

TN · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Tennessee.

workplace · same region & fault regime

Compare to like jurisdictions.

How Tennessee's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Tennessee · you are hereModified comparative — 50% bar1 year from date of injury — among the shortest in the US
TexasModified comparative — 51% bar2 years from date of injuryTX · workplace
VirginiaPure contributory negligence2 years from date of injuryVA · workplace
West VirginiaModified comparative — 51% bar2 years from date of injuryWV · workplace
AlabamaPure contributory negligence2 years from date of injuryAL · workplace
ArkansasModified comparative — 50% bar3 years for personal injury; 2 years for medical malpracticeAR · workplace
FloridaModified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · workplace
UtahModified comparative — 50% bar4 years for personal injury; 2 years for medical malpracticeUT · workplace
ColoradoModified comparative — 50% bar2 years for personal injury; 3 years for motor vehicleCO · workplace
GeorgiaModified comparative — 50% bar2 years from date of injuryGA · workplace
IdahoModified comparative — 50% bar2 years from date of injuryID · workplace
VermontModified comparative — 51% bar3 years from date of injuryVT · workplace
WashingtonPure comparative negligence3 years from date of injuryWA · workplace
TN · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

editorial note

Figures on this page are starting points: the US band adjusted for Tennessee's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Tennessee. See /methodology, /sources, and /disclaimer.