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KEY TAKEAWAYS
Just got hurt on the job in Tennessee and wondering about workers’ compensation? There are strict deadlines to file a claim, and missing them could mean losing out on benefits for medical bills, lost wages, and more.
“I had googled lawyers to have one for a case I had come up over work comp and I’m really blessed to have these lawyers for this firm handle my case like they did. Because of them being good at what they do I got what I needed from my case and it wasn’t a long drawn out process, they was quick about getting it done. So if your having a hard time making a decision for a lawyer and can’t choose who to represent you, well I recommend these lawyers, they will get the job done and do it swift to settle your case and what you deserve.” – Kirk Ledbetter
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 NST Law, our Tennessee workers’ compensation attorneys understand how to analyze the applicable statute of limitation date and ensure injured workers comply with these important deadlines.
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.
“Cindy McGrath, Paralegal and Monica Rejaei J.D. handled my Workman’s Compensation case. I was kept abreast to matters regarding my work related injury. Furthermore, I was very impressed with how Ms. Rejaei presented my case before the judge. I was rewarded a favorable settlement and more than my lost wages were replaced. I highly recommend NST Law Firm.” – Bobby Jean Stewart
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.
Meeting deadlines is crucial when filing a workers’ compensation claim in Tennessee. Here’s a breakdown of the key steps to ensure you file your claim on time:
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.
Our firm represented an individual concerning a personal injury and workers’ compensation claim. 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. We were able to get his temporary total disability payments started and upon his release from the doctor, we settled his workers’ compensation claim. We investigated his personal injury claim and hired an expert engineer who determined that the catwalk was not properly welded. We litigated this case and we were eventually able to mediate our client’s third party claim for over $950,000.00.
Check this page for more workers’ compensation case results.
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.