Workers' Compensation in Tennessee

Tennessee workmans compensation (also known as workers' compensation, work compensation and/or workers' comp) provides medical care and income to employees or their survivors (if the employee dies because of his injury) when they die of illnesses or injuries connected with their jobs. If an employer has five or more full or part time employees, the employer must have work compensation insurance. Independent contractors are not covered under Tennessee workers' comp. There are very particular deadlines within which an injured worker and his employer must file paperwork with the Tennessee Division of Workers' Compensation.

Not all workmans comp issues can be worked out by yourself. In certain situations it is necessary to hire a Tennessee workmans comp attorney to give you advice. This is especially the case if your boss is underinsured, uninsured, or if you have an injury or illness that is severe and potentially permanent. Additionally, if your claim results in part from the actions of a third person, or if your injury results from a defective piece of equipment or product, the manufacturer may be responsible for your injury and a separate lawsuit may be required. Speak with a Tennessee workers' compensation attorney about worries or questions you may have about your workmans compensation claim.

Illnesses and Injuries Covered Under Tennessee Workers' Compensation Law

Accidental Physical Injuries

• Accidents that occur at the worksite and cause you injury are covered by workers' comp insurance.
• An employee's injuries that are self-inflicted, or that were caused on the workplace when he was under the influence of drugs or alcohol, are not covered by workmans comp insurance.

Occupational diseases

• Sicknesses that result from repeated exposure to conditions at the workplace, or that a worker contracts at the worksite (i.e., asbestosis, lung damage, carpel tunnel syndrome).

Death

• Survivors of a deceased worker who dies from his work-connected injury or illnesses may receive death benefits.

The Tennessee Worker's Comp Claims Process

• Notify Your Boss
• An injured worker must tell his boss about his injury or illness promptly of his condition. Failure to do so may delay the worker's receipt of benefits or cause the loss of your right to receive benefits under Tennessee Workmans Compensation law.
• The employer should file an Employer's First Report of Work Injury or Illness (Form C-20) with his insurance company within 1 day of his knowledge of an employee's job-related injury or illness. The worker must file a "Request for Benefit Review Counse" (Form C40B) within one year of the injury to file in accordance with the statute of limitations for workmans comp in Tennessee.

• Get Medical Help Promptly

• A work compensation lawyer in Tennessee should be contacted if you have questions about how to file your claim, or if your claim has been contested or denied.

Benefits Received in Tennessee Under the Workers' Compensation Program

Workers' comp comes in several forms in Tennessee. It is advisable to speak with a Tennessee workmans compensation attorney to determine for which of the following benefits you are eligible:

• Medical Treatment: The healthcare provider is paid directly. The worker's physician and hospital bills and any other medical treatment are covered by work compensation insurance.

• Wage Reimbursement: The worker must be paid back by his employer or the employer's insurer for wages he lost not working because he was driving back and forth to doctor and medical appointments. Further, he will be reimbursed for time spent attending hearings with the Division of Workers' Compensation because the employer or employer's insurer is stalling or uncooperative.

• Funeral: Burial expenses not to exceed $7,500.

• Death: When an employee dies as a result of a jobsite injury or illness survivors of the worker are eligible for death benefits in varying amounts, depending on their dependence on the deceased worker.

• Vocational Rehabilitation: To train an employee when he cannot go back to his original job because of his injury. Vocational Rehabilitation is available in Tennessee.

• Income Benefits: To replace a worker's wages because his injury prevents him from working.

• Temporary Total Disability Benefits (TTD for short): When an employee cannot work because he is undergoing medical treatment for his injury.
• Amount: Per week, the injured worker will receive 2/3 of his pre-accident average weekly wage.

• Temporary Partial Disability Benefits (or TPD for short): If it is possible for an injured employee to work on a part-time basis or at a different job in a reduced capacity, but not perform the full duties at his old job.
• Amount: The employee will receive each week 2/3 of the difference between his pre and post accident average weekly wages.

• Permanent Total Disability Benefits (PTD for short): A job-connected injury or illness is permanently completely impaired and cannot work.
• Amount: Benefits are paid every two weeks. The amount is dependent on the degree of your disability and the date on which your injury occurred.

• Permanent Partial Disability Benefits (PPD for short): When the sick or injured employee cannot medically improve further and will always be partially disabled by his injury or illness.
• Amount: Same was with PTD benefits.

Why Hire A Tennessee Workers' Comp Lawyer?

Denial of your workers' comp claim may be quite consequential to your future livelihood. Because of the significance that a dispute over your claim or a denial of your claim may have, you should hire a Tennessee workmans compensation lawyer to explain workmans compensation procedures, discuss your compensation alternatives, argue your case, manage deadlines and recommend a strategy for your case.;

Tennessee Code, Workers' Compensation Act:

1. Employers Subject To Workers' Compensation
   
1. Workers' Compensation Act, Tit. 50, Chp.6, Part 1.
2. Covered Employees
1. Workers' Compensation Act, Tit. 50, Chp.6, Part 1.
3. Benefits
1. Workers' Compensation Act, Tit. 50, Chp.6, Part 2 §204.
4. Claims Procedure
1. Workers' Compensation Act, Tit. 50, Chp.6, Part 2 §§ 201-203.