Memphis Workers' Compensation Lawyer
If you are injured on the job, you may be eligible for workers' compensation benefits. Each state has its own workers' compensation system, and each has slightly different rules. Generally, however, if you suffer an injury or illness that is job-related, your exclusive remedy is to turn to your employer's workers' compensation insurer for benefits. Although this system was created to make it easier for employees to recover compensation for their job-related harm, it is important to enlist an attorney who specializes in workers’ compensation to navigate the system while protecting your rights to the fullest extent. At Nahon, Saharovich & Trotz, the largest personal injury firm based in Tennessee, our Memphis workers’ compensation lawyers are available to help you seek the benefits that you are entitled to. We bring over 30 years of experience to our representation of injured people in Tennessee, Arkansas, Mississippi, Missouri, and Kentucky. Our phones are answered at every hour of day and night, and we can come to discuss your situation with you at any location that you choose.Pursuing Workers' Compensation Benefits
In Tennessee, employers with a minimum of five employees (either part-time or full-time) are required to carry workers' compensation insurance. An employee does not need to prove an employer's fault to recover benefits, and unlike in a personal injury lawsuit, the employer may not always be able to point to the employee's own negligence to reduce their benefits.
If you have been injured on the job, you should report the injury to your employer right away. Employers in Tennessee are entitled to restrict an employee's choice of doctors by providing a panel of doctors for them to see. An employer is required to report all injuries to its insurance carrier.
Common workers’ comp injuries in Tennessee include:
- Spinal injuries
- Shoulder injuries
- Knee injuries
- Head injuries
- Bulging discs
- Herniated discs
- Broken or fractured bones
- Torn ligaments
- Torn rotator cuff
- Severe burns
- Psychological trauma, including PTSD
- Traumatic brain injuries
- Carpal tunnel syndrome
- Exposure to toxic chemicals or waste
A number of benefits are paid to injured employees by insurance providers. These include wage replacement, medical treatment, medical mileage, and disability benefits. If an authorized treating physician decides that your injury or illness is related to work, the insurer is required to pay for medical treatment at no cost to you. Moreover, you may have your mileage to and from the treatment reimbursed, as long as the travel is greater than 15 miles from your residence or workplace. In many instances, an injured employee may be entitled to ongoing future medical benefits after a final settlement has been reached or a trial on the merits has been conducted. Our workers’ compensation attorneys can help Memphis residents and other injured workers recover these benefits.
In cases of disability, your authorized treating physician may restrict your ability to work in terms of the hours or the type of work that you can perform. You must follow those instructions in order to be eligible for temporary disability payments. These benefits replace your wages and are made when your authorized treating physician takes you off work. If a disability lasts 14 days or more, benefits are paid back to the first date of disability. These benefits are typically calculated upon two-thirds of your average weekly wage for the 52-week period prior to the injury.
If you are left permanently restricted or completely unable to work after a job-related injury, you may be eligible for permanent partial or total disability benefits. Permanent partial disability benefits are calculated based upon your pre-injury earnings with the employer and anatomical impairment. If you are unable to return to the workforce at the same wage as you were earning with the employer prior to your injury, you may be eligible for enhanced permanent disability benefits. Permanent total disability benefits may continue until you become eligible for retirement benefits under Social Security rules.
In addition to helping injured workers recover all benefits to which they may be entitled to under the law, the workers’ compensation lawyers at our Memphis firm will conduct a thorough investigation to identify potential claims against negligent third parties, such as a property owner, product manufacturer, or another driver. In a third party work accident claim, you could recover additional damages, such as pain and suffering. Whether you bring a workers’ comp claim or claim against a third party, keep in mind that all claims have a specific statute of limitation, and if this legal deadline passes, your claim could be barred forever.Workers' Compensation FAQs
Can I be fired for making a workers' compensation claim in Tennessee?
You cannot be fired in Tennessee for making a workers' compensation claim. Further, it is against the law for an employer to terminate an employee for reporting a work injury. Tennessee is considered an "at-will" employment state, but employers are not allowed to retaliate against employees for making a workers' compensation claim. If you are concerned about your job status, you should consult a lawyer.
How long do I have to file a workers' compensation claim in Tennessee?
In Tennessee, generally speaking you have one year from the date of injury, or the date a benefit is paid, to file your claim. However, you should provide notice to your employer as soon as possible to ensure timely filing of the claim. In workers' compensation law, the statute of limitation is a hard deadline and claims filed after the expiration of the statute of limitation can be barred. It is recommended that injured workers seek legal counsel as soon as possible.
How is a Tennessee workers' compensation settlement determined?
In Tennessee, a workers' compensation settlement is determined based on factors such as your rate of pay and impairment rating assigned by your treating doctor. You should follow your treating doctor's advice and go to your appointments as scheduled. If your doctor believes your injury is permanent in nature, you will be assigned an impairment rating. Our workers' compensation lawyers are able to carefully evaluate impairment ratings for accuracy and fairness.
What if my work injury was caused by someone other than my employer?
If your work-related injury was caused by someone other than your employer, you may be able to file a third party claim. After an injury on the job, it is important to identify all potentially responsible parties. Examples of a third party can include a supplier, contractor, equipment manufacturer, or the driver of another vehicle. Forms of damages not available in a traditional workers' compensation claim, such as pain and suffering and loss of enjoyment of life, can be obtained in a third party lawsuit. Our firm will carefully review the facts of your injury to determine if any third parties could be liable.
There is a very short window of time within which to provide notice to your employer about a work-related injury. It is best to report your injury right away in any state. If you have suffered harm on the job, the experienced workers’ compensation attorneys at Nahon, Saharovich & Trotz can help you bring a claim for benefits. We represent accident victims in Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville, among other areas of Tennessee, Mississippi, Arkansas, Missouri, and Kentucky. You can contact our Memphis workers’ compensation attorneys toll-free by calling 800-529-4004 or by using our online form to set up a free consultation. We are also available to advocate for people who need a Social Security Disability attorney or representation in a personal injury claim. Once we have helped you explore your options, you will be persuaded that NST is the way to go.