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Nashville Workers’ Compensation Lawyers

Nashville Workers’ Compensation Lawyers

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If you’ve been injured in a workplace accident, you may have sustained serious injuries that required you to take leave from work. You may also be dealing with mounting medical bills and emotional distress.  

Ensuring that you receive financial compensation for an accident that occurs on the job can help relieve the accompanying monetary burden and stress. 

Tennessee allows for workers’ compensation when employees are hurt at work. Benefits include payment of your medical bills associated with the injury, monetary compensation while off work, and future benefits if the injury is deemed permanent.  

What is workers’ compensation?

Workers’ compensation is a form of liability insurance required under state laws. It pays medical costs and provides a partial wage replacement when employees are injured on the job.  

This form of compensation is intended to protect both businesses and individuals from monetary losses. Businesses that have workers’ compensation benefits available to their employees cannot be held liable for job-related injuries unless it can be proven that the employer intended to cause injury or they were willfully negligent.  

Watch: Attorney Monica R. Rejaei explains how long you have to file a workers’ compensation claim in Tennessee.

What does workers’ compensation cover?

If an employee suffers a work-related injury or illness, workers’ compensation benefits can help cover their: 

  • Medical expenses
  • Lost wages
  • Ongoing care costs
  • Funeral expenses 

Benefits are only available to those who are injured while at work or “on the clock” as they’re performing work-related or sanctioned duties. The compensation can be denied if the employee is under the influence when the injury occurs, or if an employee intentionally hurts themselves or is acting outside work perimeters and responsibilities.

What are the available benefits of workers’ compensation?

The available benefits of workers’ comp include: 

Medical Expenses 

All medical expenses related to the workplace injury are covered, including emergency room visits, required surgery, and pharmaceutical prescriptions. 

Missed Wages 

A portion of the employee’s regular wages is recoverable under workers’ compensation benefits if the injury requires the employee to take time off. Tennessee law provides for two-thirds of your regular wages to be paid after the eighth day of disability.  

If you’re unable to work for fourteen days or more, wage benefits are recoverable from the first day of your injury.  

Ongoing Medical Care 

If an injury will require ongoing medical care to receive adequate treatment, workers’ compensation will likely cover the related expenses. 

Funeral Costs 

If an employee is killed in a workplace accident, workers’ compensation can help cover their funeral costs and provide death benefits to the employee’s beneficiaries. 

Illness 

In some cases, working conditions may expose employees to chemicals or allergens that may lead to illness. If an employee gets sick due to a work-related incident or condition, the cost of their medical treatment is likely covered.  

Repetitive Injury 

Occasionally, an employee may develop an injury at work over time. If the injury can be linked back to the workplace, medical costs may be covered. 

Disability 

If a worker is temporarily or permanently disabled, coverage may provide benefits to help pay medical bills and replace some lost wages. 

What are the most common types of workplace injuries?

The most common types of workplace injuries include: 

While these are the most common types of workplace injuries, any injury or illness that occurs while on the job may result in workers’ compensation benefits.

How do you report a workplace injury?

There are a series of steps you must follow to file a workers’ compensation claim in Nashville, Tennessee. These include: 

1. Report Your Injury or Illness to Your Employer 

If you’ve incurred an injury or illness while at work, you must report the incident to your employer within 15 calendar days, according to Tennessee law. Your employer will likely provide you with a form to fill out to obtain workers’ compensation benefits. It is the employer’s responsibility to submit this form to their workers’ compensation 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. You may choose who you would prefer to see for treatment from this list. They will provide you with the medical care that you need to treat your injury or illness and enable you to return to work. 

3. Follow Through with Your Medical Care 

Ensure that you follow the instructions of your doctor to care for your injury. 

Are there any limitations or restrictions on lawsuits against an employer?

Employers who have workers’ compensation insurance are generally protected from lawsuits by employees who are injured on the job unless the employee can prove that the employer intended to hurt them or there was gross negligence involved. To prove gross negligence, there must be: 

  • An extreme degree of risk, considering the probability and magnitude of the potential harm to others 
  • Proof the employer had actual awareness of the risk involved but did not take action with regards to the rights, safety, or welfare of others 

Gross negligence is typically very hard to prove without the help of a knowledgeable workers’ compensation lawyer.  

Other circumstances when a workers’ compensation lawsuit might be filed against an employer include: 

  • The employer doesn’t have workers’ compensation insurance 
  • The employer fires someone who files a workers’ compensation claim 
  • The employee is assaulted by their employer 

A qualified attorney at NST Law can review your case to determine whether you should consider filing a workers’ compensation lawsuit against your employer. 

Why should I hire the injury attorneys at NST Law for my workers’ compensation case?

Many times, workers’ compensation benefits will start automatically. However, you should still seek the advice of an attorney if you’ve been injured on the job to ensure your rights are protected. If something happens to your workers’ compensation benefits, you’ll need qualified legal assistance to navigate the process.  

In some cases, benefits may be completely denied or denied in part. If this occurs, you’ll need representation to pursue your claim through the Department of Labor or the court system.  

As your attorney, NST Law can ensure that you receive all benefits available to you, as well as pursue any other legal options that may be available as a result of your injury. We’re dedicated to our clients, recovering more than $1.5 billion in verdicts and settlements on behalf of injured persons and their loved ones over the past three decades.

Schedule a free consultation with us to review the details of your case.

$950,000.00

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.

$561,916.90

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. 

FAQs

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.  

An injury or illness that is deemed by an authorized doctor to have been work-related is considered compensable under Tennessee workers’ compensation laws. Common compensable injuries can include back-related injuries, slip and falls, or cuts. However, any injury sustained on the job is potentially compensable.  

The Tennessee Department of Labor and Workforce Development oversees workers’ compensation claims and benefits. They may be contacted by phone at 1-800- 332-2667. Their office is located at 220 French Landing Drive, Suite 1B, Nashville, TN, 37243. Other contact information is available here. 

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. 

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. 

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. 

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. 

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