Are You Eligible For Workers’ Compensation?
Work injuries are very common across Tennessee. From warehouses to construction sites, workers risk injury each day when they clock in at work. If you have been hurt on the job, you may be eligible for workers’ compensation benefits. At The Law Offices of Christopher Eads, PLLC, we will assist you in all aspects of your claim, from facilitating the medical treatment you need to assisting you in recovering compensation for permanent disability you may suffer as a result of your work injury, pursuant to the Tennessee Workers’ Compensation Act.
What Benefits Can I Receive as an Injured Worker?
All states have their own workers’ compensation statutes to allow injured workers to seek legal remedies if injured on the job. In Tennessee, employers are required to carry workers’ compensation insurance if they employ five or more employees. In order to prove an entitlement to workers’ compensation benefits, the employee only has to prove that they sustained injury at work during the course and performance of their job duties. Workers’ compensation is a “no-fault” system and because of that, employees do not have to prove that the employer was negligent, that the work conditions were dangerous, or that there was wrongdoing of any kind. Even if the employee contributed to his injury in some way, it is likely that he or she will still be able to receive workers’ compensation benefits so long as he or she was injured while working. However, if the employee’s injury was caused by someone other than their employer, it is possible that a third-party claim may also be asserted, provided the third party was negligent.
If you have been injured on the job, you may be entitled to medical benefits, wage benefits, and disability benefits. Initially, medical benefits are the most immediate concern for prompt medical attention for your injury. Reporting the injury to your employer as soon as it happens is of the upmost importance. Tennessee law has strict notice requirements for reporting a workers’ compensation claim. An experienced workers’ compensation lawyer can review the panel of physicians provided by your employer and assist you in selecting your authorized treating physician so that you do not get stuck with the insurance company’s favorite physician.
Wage benefits are equally of utmost importance to an injured worker. Under Tennessee law, if the authorized treating physician takes you off work or restricts your duties and your employer is unable to accommodate those restrictions for a certain time period, then temporary disability benefits can kick in. In that case, the employee will receive two-thirds of his average weekly wages for the year prior to the injury. The employee will receive retroactive pay back to the date of the injury and continue to receive the benefits until released to go back to work.
Many work injuries are serious, requiring surgery or causing permanent scarring or disfigurement. Some workers will suffer a disability for the rest of their lives as a result of their injuries, which can affect their ability to earn a living. A knowledgeable workers’ compensation attorney can discuss your impairment rating with you as well as your rights under Tennessee law going forward. Give us a call today at 615-622-6060 if you have been injured at work so that you can start receiving the benefits to which you are entitled. You can also contact us online to get in touch.