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 TENNESSEE WORKERS’ COMPENSATION ACT
Workers’ Compensation is a special law passed by the Tennessee legislature to give workers medical and financial benefits when they are injured on the job (provided their employer has five or more employees). This law does not apply to farm labor, domestic help, or state or public employees. However, state employees are entitled to similar benefits through the State Board of Claims.
INJURIES COVERED
Any injury, occupational disease, or death which occurs "out of and in the course of employment" is covered by the law. It does not matter who was at fault in the accident. Covered injuries include broken bones, muscle strains, back and neck problems, heart problems, diseases related to your employment, and others.
QUALIFYING FOR BENEFITS
If you are injured on the job, you must notify your employer as soon as possible. If the employer doesn’t have actual notice of your injury (as might be the case where your supervisor approved you going to the hospital for x-rays) then you must give the employer written notice within 30 days of the injury. If you fail to do this, you may lose your right to compensation.
THE WAITING PERIOD
Your benefits are limited to medical expenses for the first seven days. If you continue to be disabled and unable to work after thirteen days, you can receive retroactive disability benefits from the date of your injury or illness.
DO I HAVE TO SUE?
If your case is not filed within one year of your injury or one year from the time you knew your injury was permanent, you may lose any right to make a Workers’ Compensation claim. Some Workers’ Compensation claims are settled without filing suit, but filing the lawsuit may be necessary to protect your claim. You should consult a lawyer to determine how much time you have left before it is necessary to file suit.
BENEFITS
Generally, Workers’ Compensation benefits fall into the following categories: medical expenses, compensation for temporary total disability and compensation for permanent disability.
1. Medical Benefits
Your employer is legally obligated to pay for all medical treatment, surgical procedures, prescriptions, medical supplies, or equipment which is related to your injury and prescribed by your doctor. This may include future medical expenses related to your injury, for your entire life. Your employer has the right to limit your choice of doctors but must provide a panel of three.
2. Temporary Total Disability
"Temporary total disability" is a term which describes the time period when an injury prevents you from returning to work. This is generally the time needed to recover and rehabilitate from your injury. It ends when your doctor releases you to go back to work, or determines that you have reached your maximum medical improvement.
During your period of "temporary total disability" you are entitled to compensation equaling 2/3 of your average weekly wage. The law provides a maximum figure so that, regardless of your actual wages, your employer need not pay more than the weekly maximum compensation rate set by law. This maximum rate changes each year.
3. Permanent Disability
Most injuries do not result in total disability, but some partial disability which is permanent may occur (permanent partial disability). As an injured worker, you are entitled to compensation for any permanent disability, even though you may have returned to your regular job at the same (or even better) pay. This is in addition to the temporary benefits you received while you were recovering from your injury, if you are totally disabled from returning to any work, disability benefits are payable to age 65.
HOW MUCH IS MY "PERMANENT DISABILITY" WORTH?
The compensation to which you are entitled depends on the nature of your injury. Compensation for a permanent injury will be based on the extent of impairment and its effect on your wage earning capacity (your vocational disability).
CAN I DETERMINE WHAT MY CLAIM IS WORTH?
It’s not easy, and if you are handling your own claim you’ll probably be dealing with an insurance adjuster who is much more experienced than you. The adjuster’s goal is to minimize the amount paid to you, so beware of their statements about your claim. There are maximum payments for work related injuries which are permanent.
DO I NEED A LAWYER?
If your injury or illness is serious and results in any physical limitations or decreases your ability to earn a living, you should talk to a lawyer about your claim. People who handle their own claims often make innocent, but terrible mistakes. If you have any questions or doubts, seek the advice of an attorney experienced in Workers’ Compensation law. Our policy is to charge a fee equal to 20% of any amount recovered if and only if we collect on your claim, if we collect nothing, you owe us nothing for your efforts.
NOTICE
Each case is different and different facts may yield a result you would never expect from reading this website. 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 Tennessee’s complex Workers’ Compensation Law. We look forward to helping you. Our Workers’ Compensation lawyers, Brent Burks, Bart Solomon and Jay Kennamer, have prosecuted Workers’ Compensation claims totaling more than $1,000,000 in the past year alone! Contact us for a free consultation.
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