WORKERS' COMPENSATION


What Should I Know About Workers' Compensation?

Workers' Compensation What Are You Entitled To Receive?

Workers' compensation benefits include medical expenses, partial pay while you are off work, and compensation for permanent limitations or restrictions, which affect your wage earning ability. The following paragraphs describe those benefits in some detail.

Medical Expenses:

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 the "authorized " doctor. This may include future medical expenses related to your injury. The employer or their insurance company is only obligated to pay bills for "authorized" medical treatment (unless they have refused to give you the names of doctors to see, or the bill is for emergency room services less than $300). State law requires your employer or their insurance company to give you a "panel" of three doctors to use in making your choice of doctor. Since the doctor you choose can make such a large difference in your case, this is a decision where it is best to consult a Lawyer who is experienced in handling workers' compensation cases.

Partial Pay While You Are Unable to Work:

"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 2/3rds 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 legal weekly maximum.

Payment For Permanent Limitations And Restriction:

Most injuries do not result in total disability, but in restrictions, which can limit a worker's strength, endurance, or capacity for work. This is called "permanent partial disability". As an injured worker, you are entitled to compensation for any permanent impairment, 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 receive while recovering from your injury.


How Much Is My "Permanent Disability" Worth?

The amount of compensation you are entitled to depends on the nature of your injury, its effect on your wage earning capacity, and the impairment rating given by your doctor. If anyone with your employer, their insurance company or the State says, "This is all you can get". Get a second opinion!

What Is A Rating For Permanent Impairment?

When you have recovered (or reached "maximum medical improvement") your doctor will generally determine whether or not you have some permanent medical impairment. This will, in part, determine what you will be paid for your permanent problems. [Doctors do not always agree on whether someone has a permanent impairment, or how much. Doctors who are approved by a workers' compensation company may believe that you have no impairment, or a small impairment, when another doctor may believe your impairment is much higher.]

Can I Determine What My Claim Is Worth?

It is not easy, and if you are handling your own claim, you will probably be dealing with an insurance adjuster who is more experienced than yourself. The adjuster's goal is to minimize the amount paid to you, so take anything said with a grain of salt. There are maximum payments for work related injuries, which are permanent, but a different doctor may evaluate your case much more favorably than the doctor paid by workers' compensation. The question, "How much is my case worth?" is complex enough to consider getting expert legal help.

What Is The Benefit Review Conference?

When you reach maximum medical improvement your employer and/or their insurance company may demand a " Benefit Review Conference". During such a conference the employer and insurance company will have representatives present to "negotiate" a settlement that is good for them. If you've been told to come to a benefit review conference, you should have someone with you experienced in worker's compensation. If you go by yourself to a meeting like this, you may be told you are being offered all your case is worth, and feel pressured to "make a deal". Don't agree to any offers until you have had time to discuss the possible advantages and disadvantages with a lawyer experienced in Worker's Compensation. At Large and Associates, we do not charge a fee for such consultation, and we see that someone goes with you to the benefit conference who will represent your best interest.

Do I Have To File Suit?

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. Many workers' compensation claims are settled without filing suit, but filing the case 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.
Do I Need A Lawyer To Claim Workers' Compensation?

If your injury or illness is serious or if it affects your arms, legs, neck, or back you should talk to a lawyer about your claim. People who handle their own claim often make innocent, but terrible mistakes.

An Attorney Experienced In Handling Workers' Compensation Can Usually:

 

Workers Compensation Act:

Workers' Compensation is a special law passed by the Tennessee legislature to give workers 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, 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, loss of strength and/or flexibility, 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. You may lose your right to claim compensation if you fail to do this. The safest action for any injured worked is to see that someone files a correct, written report of injury.

The Waiting Period:

Your benefits are limited to medical expenses for the first 7 days. If you continue to be disabled and unable to work after 7 days, you can receive retroactive benefits from the date of your injury or illness.

What To Do If You Have A Work Related Injury:

Can I Afford A Lawyer?

Our policy regarding Workers' Compensation cases is to charge 20% of any amount recovered if and only if we collect on your claim. We do not charge a fee for attending benefit review conferences or for any partial pay you receive while your case is pending. If we collect nothing, you owe us nothing for our efforts.

Because there are so many possibilities in every case, the real question to ask is "Can someone experienced in Workers' Compensation, medical impairment, physician choice, insurance adjusters, litigation and negotiation get 20% or more than I can get on my own?" The answer is frequently "YES".

Large and Associates Advances All Costs for Your Claim Until Recovery Is Made:

In Tennessee, the law requires all attorneys to hold clients responsible for the expenses required to process their cases. However, we advance the expenses of litigation, including court costs, expenses of investigation, expenses of medical examination, and cost of obtaining and presenting evidence to maximize the value of your claim and reduce financial burdens on you until your recovery is made.

Michael Large 
Michael Large is a member of the Workplace Injury Litigation Group and has extensive experience sorting through the complex issues surrounding workers compensation injury cases as well as the potential developmental disabilities resulting from these injuries. Michael has successfully argued cases in front of the Tennessee Supreme Court's Worker's Compensation Panel, and has helped change Tennessee Worker's Compensation Law. If you or someone you know has suffered from an injury on the job then it is critical that you/they seek professional assistance from an attorney who specializes in workers compensation cases. The right attorney will provide responsive action that will assert and protect your rights for financial restitution and proper medical attention for your long and short-term care.

Notice:

Each case is different and different facts may yield a result you would never expect from reading this brief Web page. The information on this Web site 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.

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