What Is the Statute of Limitations in Tennessee for a Workers’ Compensation Claim?
Legal Deadlines to File Claims for Workers’ Compensation in Tennessee
All legal claims have strict deadlines known as the statute of limitations. In Tennessee, workers’ compensation is no different. Most employees working and/or hired in Tennessee are subject to Tennessee’s workers’ compensation laws. This mean the appropriate statute of limitation must be complied with in order to obtain benefits under the law, such as medical benefits, temporary total disability benefits, wage benefits, mileage reimbursement, and permanent disability benefits. At Nahon, Saharovich & Trotz, our Tennessee workers’ compensation attorneys understand how to analyze the applicable statute of limitation date and ensure injured workers comply with these important deadlines.
Workers’ Compensation Statute of Limitations for Tennessee Claims
For workers’ compensation cases arising in Tennessee, the statute of limitation is generally “one (1) year after the accident resulting in injury,” according to Tenn. Code Ann. § 50-6-203. The date of accident is often easy to identify, as common examples of on the job injuries include a car accident, lifting a heavy object, a slip and fall, and injuries caused by use of machinery. On the other hand, determining the date of injury can be difficult in repetitive motion or injury cases, such as carpal tunnel syndrome, tendinitis, and bursitis, where the conditions could have developed over time. In order to prevent the claim from being barred due to the statute of limitations, Tennessee law says an employee must provide notice to the employer and file for a benefit review conference (BRC) with the Division of Workers’ Compensation within the one (1) year period.
Statute of Limitations if Benefits Have Been Paid by the Employer
Sometimes, an injured worker has more than one (1) year since the date of injury to timely file his or her claim. In most workplace accidents, an injured employee provides notice to the employer and a First Report of Injury is properly filled out. That can allow the injured employee to obtain medical benefits and choose a doctor for treatment. Wage benefits may also be paid if the treating physician takes the employee off of work.
When workers’ compensation benefits have been paid to or on behalf of the injured employee, the employee must file for a BRC within one year of the later date of the last authorized medical treatment or payment the employer made for compensation to or on behalf of the employee, such as wage loss. When you hire an attorney to represent you in a workers’ compensation matter, he or she should always remain organized and up to date on any compensation paid on your behalf. For instance, a Memphis workers’ compensation attorney could protect a Shelby County worker’s statute of limitations by being aware of the most recent voluntary payment made by (or on behalf of) the employer.
Injured at Work? Consult with an Experienced Tennessee Workers’ Compensation Lawyer Today
Navigating the Tennessee Workers’ Compensation Act can be tricky. When considering the legal rights of injured employees, a critical deadline is the statute of limitations. If you miss the statute of limitations, your claim will be completely barred which means no benefits for medical treatment, lost wages, or permanent impairment. If you were hurt on the job in Tennessee, being unable to get proper benefits can cause problems with your health and ability to get back to work.
At NST Law, our lawyers handle workers’ compensation cases in Memphis and throughout Tennessee, including Jackson, Nashville, and Knoxville, and we can assess the particular facts of your case to make sure your claim is asserted in a timely manner. For a free consultation with an experienced workers’ compensation lawyer in Tennessee, call NST Law toll-free at 800-529-4004 or complete our online form.