EAST TENNESSEE AND KNOXVILLE WORKER'S COMPENSATION

If you work outside the household, there’s a good chance you will find yourself making – or needing to make – a Tennessee worker’s compensation claim at some point. Here are some basics to help you understand what comp benefits you might be entitled to and how to get them

1. Under the Tennessee Worker's Compensation Law, a worker injured in an accident arising out and in the course of his employment is entitled to Tennessee worker’s compensation benefits, if his employer has at least five employees. So, if you are one of at least five employees, if you are injured while on the job, and if the happening of the injury has something to do with the job, you are probably entitled to comp benefits. Benefits vary from state to state; Tennessee’s benefits are middle of the road – we are better than some states, and worse than others.

2. Be sure to give notice to your employer that you were in an accident, as soon as you realize you have been hurt. While you’ve got 30 days to give notice of a work-related accident, it’s best to let them know as soon as possible.

3. If you think you have been hurt in a work-related accident, ask your employer for a panel of doctors right away. According to the Tennessee Worker’s Compensation Law, the employer is supposed to give you a choice of three doctors, not in practice together, from which you have the privilege of choosing an authorized treating physician. If you have suffered a back injury, the employer s supposed to give you a panel of three doctors and a chiropractor. If you have asked for a panel of doctors, and the employer refuses to give you such a panel, then you can see whoever you want, and the employer will likely have to pay for that treatment. Medical treatment for a work-related injury is the first major benefit of worker’s compensation.

4. While nothing stops you from seeing any doctor you want, the employer and worker’s compensation insurance company will pay for only the authorized treating physician and any medical provider that physician refers you to. Any other providers you see will be on your own dime, but Tennessee worker’s compensation provides for lifetime medical care from the authorized physician.

5. If the emergency room doctor or your authorized treating physician places you off working duty, get that in writing, keep a copy, for yourself or your lawyer, and give the original to the employer.

6. Temporary disability is the second type of major benefit in the Tennessee Worker’s Compensation Law. If you are medically unfit for working duty less than 14 days, then temporary disability starts on the eighth day. If you are off work more than 14 days, temporary disability starts as of the day after the work accident, assuming the doctor placed you off work on the accident date. The amount you are paid is based on two-thirds of your average weekly wage.

7. Follow the doctor’s medical recommendations. The goal is for you to recover as much as possible, as quickly as possible. Noncompliance with medical orders is often used as a defense to imply that you are malingering, faking, or otherwise are just trying to game the system to get more benefits.

8. If the doctor assigns you a permanent medical impairment or permanent work restrictions, then you will likely be entitled to permanent disability, which is the third major component of worker’s compensation benefits. Permanent disability is supposed to reflect your vocational, or work disability, as opposed to medical impairment.

9. If the employer or worker’s compensation insurance company denies some or all of your benefits, then you can file a claim with the Worker’s Compensation Specialist, a division of the Tennessee Department of Labor. While you theoretically do not need a lawyer to make this claim, the system is confusing enough even for lawyers, so legal counsel is recommended. You can bet that the employer/insurer will have a lawyer defending them. The Specialist can resolve disputes about whether comp benefits should be paid, and they can mediate settlement negotiations, too. A lawyer is highly recommended here. Without someone knowledgeable in your corner, how are you going to know the proper amount of benefits to negotiate for?

10. Finally, if your claim cannot be settled through the Worker’s Compensation Specialist, you will be allowed to file a lawsuit in court. Obviously, you need legal representation if you get to this step.

Tennessee Worker’s compensation benefits are broadly available to workers in this state, but the details of getting those benefits can be very complicated. If you have been injured on the job, give us a call and let us help you sort out your situation.If you or someone you love has been injured in an accident arising out of and in the course of employment, you can call our law firm at the phone number above for a free consultation.

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