Questions About Workers' Compensation Cases

(1) What do I do if my doctor tells me I need to go back to work? ANSWER: Your doctor controls your medical care, and therefore, it is important that you listen to your doctor, follow his/her instructions and return to work if that is the doctor's opinion. Sometimes, we can obtain a second opinion about certain medical issues, but our advice always remains the same: Listen to your doctor and follow their instructions.

(2) If I go back to work, will that affect my workers' compensation case? ANSWER: In most workers' compensation cases, our clients are not able to retire from full-time work. Compensation under the Tennessee workers' compensation laws was not meant to replace your preinjury wages, only to supplement that loss and hopefully avoid economic devastation for you and your family. Therefore, you will need to work again, and thus, it is important for you to think about your future and go back to work, if the circumstances are such that you are physically able to do so and your doctor has approved your work responsibilities.

(3) Other than my medical expenses, what am I entitled to recover from an insurance company for my injuries? ANSWER: In a workers' compensation case, you are only entitled to recover the extent of your vocational impairment, which is a measurement made by a trial judge as to how this injury has decreased you ability to earn a living in the open labor market. In an automobile accident or slip and fall case, you are entitled to recover the following:

1. Pain, suffering, mental anguish;
2. Medical and hospital expenses, past and future;
3. Lost earnings and the capacity for the lost earnings (if applicable);
4. Permanent medical impairment (if applicable);
5. Loss of the enjoyment of life. In your case, we will make a claim for each of these items in the prosecution of your case.

(4) If I settle my case, do I have to pay my medical bills out of the settlement? ANSWER: In a workers' compensation case, the medical bills have usually been paid. However, in an automobile accident case, the medical expenses that are outstanding at the time of the settlement will have to be paid out of the settlement proceeds, unless some other arrangements are made. Sometimes, we are able to negotiate with your doctors or your hospital to reduce those bills, but the bottom line is the bills must be repaid out of the settlement.

Please contact us if you have any questions about a work-related injury.

NOTICE

Each case is different and different facts may yield a result you would never expect from reading this page. This information cannot replace the careful consideration of personal factors and changes in the law which may apply to your legal problem. While this information may help you, do not rely on it as the final answer to a legal question.

At the McMahan Law Firm, our staff has years of experience in complex Workers’ Compensation Law. We look forward to helping you. Our Workers’ Compensation team includes lawyers, Brent Burks, Bart Solomon, Jay Kennamer, and Chris Gentry; and legal assistants, Shirley Jones, Hope Ladner and Tracy McAndrew. This experienced team has prosecuted Workers’ Compensation claims totaling more than $1,000,000 in the past year alone!  Contact us for a free consultation.