Workers' Compensation Lawyers
Table Of Contents
- Why Choose Our Workers’ Compensation Lawyers in Nashville, TN
- What is workers’ compensation insurance?
- How Long do I Have to File a Workers’ Compensation Claim in Tennessee?
- What benefits are covered under Tennessee workers’ compensation?
- Trends in the Tennessee Workers’ Compensation System
- Common Work-Related Injuries
- What steps do I take to file a Tennessee workers’ comp claim?
- Contact Our Workers’ Compensation Attorneys in Nashville Today
- Frequently Asked Questions About Nashville Workers’ Compensation Claims
Why Choose Our Workers' Compensation Lawyers in Nashville, TN
Our Workers' Comp Case Results
Our client was working for his employer as a billboard poster, when he fell approximately 35 feet from a billboard catwalk. He sustained serious injuries, including 2 broken arms, which required surgery.
Our firm represented a forty-nine-year-old man who was involved in an accident while working on-the-job for his employer. The client suffered a traumatic brain injury in the accident which the workers’ compensation insurance company denied.
What Our Nashville Clients Have to Say
What is workers’ compensation insurance?
Workers’ compensation is a form of liability insurance that employers must carry to provide for employees who are hurt on the job. These benefits are required by Tennessee employment law. This insurance protects employees by covering medical treatment and wage replacement. To recover benefits, it is not necessary to prove negligence against your employer.
How Long do I Have to File a Workers' Compensation Claim in Tennessee?
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. Learn more about the Tennessee statute of limitations for workers’ compensation.
What benefits are covered under Tennessee workers’ compensation?
The available benefits for a Nashville workers’ comp claim include:
Medical Expenses and Ongoing Medical Care
All medical treatments related to a job injury are covered, including emergency room visits, required surgery and pharmaceutical prescriptions. If you require ongoing physical or occupational therapy, those costs are generally covered, too.
Tennessee law provides for two-thirds of your regular wages to be paid after the eighth day of disability. However, if your workplace injuries leave you unable to work for 14 days or more, your wage benefits are recoverable from the first day of your injury.
If an employee is killed in a workplace accident, workers’ compensation can help cover funeral costs and provide death benefits to the employee’s beneficiaries. The personal representative of the deceased’s estate can file a wrongful death claim and recover workers’ comp benefits on behalf of the employee’s heirs.
Disease or Illness
If an employee gets sick due to a work-related incident or condition, the cost of his or her medical treatment may be covered. However, the employee may be required to demonstrate that an underlying medical condition did not cause or exacerbate the workplace injuries.
Occasionally, an employee may develop an injury at work over a period of time. Carpal tunnel syndrome or other types of joint injuries caused by repetitive motion are examples of this type of claim. If the injury can be linked back to the workplace, your medical costs may be covered.
Permanent or Semi-Permanent Disability
If your work accident has left you partially or fully disabled, you may receive disability benefits in addition to workers’ compensation benefits. Your medical bills may be covered, and you may also receive compensation for your loss of earning potential due to your disability.
Trends in the Tennessee Workers' Compensation System
Although proponents of the sweeping 2013 changes to the Tennessee workers’ compensation system report a range of improvements for injured workers, a recent report by The Commercial Appeal says the reforms are harming more than helping. Here are a few concerning trends:
Common Work-Related Injuries
The most common types of Nashville workplace injuries include:
- Slips, trips and falls
- Cuts or abrasions
- Repetitive strain injury
- Ear damage from loud noise exposure
- Respiratory damage from toxic fumes
- Automobile accidents
- Weight-related issues
- Post-traumatic stress disorder (PTSD)
Although your specific workplace injury may not be listed here, you may still be eligible for benefits if you sustained illness or injury while on the job. If someone other than your employer caused your injuries, you may be able to file a third-party claim against the negligent party.
This often applies to injuries caused by car accidents or third-party contractors hired by the employer. Our Nashville workers’ compensation attorneys will work to determine all potentially negligent parties that may be responsible for your injury.
What steps do I take to file a Tennessee workers’ comp claim?
Completing the right protocol for a Nashville, Tennessee, workers’ compensation claim ensures that you’ll receive your benefits completely and on time.
1. Report Your Injury or Illness to Your Employer
Most employers have an accident or incident report that needs to be filled out and submitted to the company’s insurance carrier.
Tennessee requires workplace injuries to be reported within 15 calendar days. The employer’s responsibility is to submit this accident report form to its insurance company within one day of receiving notification of the injury.
2. Seek Medical Treatment from an Approved Doctor
Your workplace will provide you with a list of three authorized treating physicians, although you may select which provider you wish to visit. If you don’t visit an approved doctor for your medical care, the insurance policy may not cover your medical treatment.
3. Follow Through with Your Medical Care
Make sure that you comply with the treatment orders from the doctor, including any movement restrictions, such as bed rest or not lifting heavy objects. If you’re supposed to seek aftercare or have a subsequent appointment, make sure to attend the appointment and complete your follow-up treatment to return to work.
Contact Our Workers' Compensation Attorneys in Nashville Today
Request a Free Case Evaluation
At NST Law, our legal team has the experience and resources to help ensure you get the full workers’ compensation benefits you deserve. Whether you are just getting started and need a trusted advocate or are fighting a denial of your benefits, NST is The Way to Go!
Learn more about how our workers’ compensation legal team can help you by calling 615-777-7777 or filling out our online contact form today.
Frequently Asked Questions About Nashville Workers' Compensation Claims
Are benefits available to temporary workers?
Yes, workers’ compensation benefits are available to temporary workers who have been injured or obtained an illness while working for an employer.
Make sure to follow the guidelines for filing a workers’ compensation claim, just as a normal employee would. It’s important to notify your employer within 15 calendar days of the injury occurring.
Can I see my own doctor?
No. You must choose a doctor from the list of Authorized Treating Physicians that your employer will provide to you. The list will include three physicians that the worker’s compensation insurance plan has approved. It should also include the doctors’ office locations and phone numbers.
What if my employer fires me after I report an injury?
An employer cannot fire you for filing a workers’ compensation claim or reporting a work-related injury. It’s illegal to do so. If you’re fired for reporting an injury, you should seek legal assistance.
Will I need to use sick or vacation time if I’ve received a compensable injury?
An employee relieved of work duties due to an injury is not entitled to compensation for missed work unless their injury requires them to miss at least seven consecutive days of work. At this point, they may begin to receive lost wage benefits for the eighth day forward.
If an employee is required to be away from their job for more than 14 days, missed wages are recoverable from day one. Note that any wages paid are equal to two-thirds of their average earnings with the current employer over the past 52 weeks.