Workers' Compensation Lawyers in Nashville
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Injuries in the workplace can happen unexpectedly. Tennessee law requires that any employer with more than five employees offer workers’ compensation coverage. Filing for workers’ compensation can be stressful. Many employers and insurance companies use strategic tactics to avoid paying out full benefits.
The Tennessee Workers’ Compensation law is complex and requires the help of a trusted attorney. If you’ve been injured in the workplace as a result of employer negligence, contact our office to discuss the best options before waiving your rights or making other decisions that can affect your future. We’re here to provide you with the knowledge and experience to help you navigate this complicated process and ensure that you receive the best possible care during your time of need.
Common Lawsuits That Come From Workers’ Compensation
Rarely do official lawsuits come from filing a claim for workers’ compensation, but it can happen. You can file a lawsuit if your company has less than five employees and doesn’t offer workers’ compensation coverage. In this case, the lawsuit might deem you eligible for benefits. It’s illegal for an employer to terminate you after reporting a workplace injury. In this case, you’re entitled to a lawsuit against the employer. This also goes for employees who were demoted or received any form of retaliation after filing a claim.
The most common type of workers’ compensation lawsuit is a third-party lawsuit, which is when a third party is involved in your workplace injury. This often means a separate company or manufacturer. In this case, an employee can seek additional benefits from the third-party in addition to ones received from a workers’ compensation claim.
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What Should An Employee Do If They Get Injured At Work?
You should file an injury report in writing immediately. The Tennessee Workers Compensation law requires that your workplace reports the injury within thirty days if the employee is unable to file a claim right away. The workplace must also inform their insurance carrier and provide you with a list of physicians to seek adequate medical treatment and return to work. You also may be eligible for workers’ compensation benefits based on if your injury is deemed work-related. Workers compensations’ benefits include:
- Coverage of medical treatment: Your employer is responsible for paying all medical expenses for as long as the treating physician requires.
- Reimbursement for travel expenses: An employee can request mileage reimbursement for any distance greater than 15 miles when commuting to and from medical treatment.
- Wage Replacement: Wage replacement for temporary disability is typically two-thirds of your average weekly wages earned over the past year paid out by your employer’s insurance company.
- Permanent Benefits: If your treating physician believes that you have a permanent impairment as a result of your workplace injury, you might be eligible for a lump sum settlement once you complete necessary medical care.
Tennessee has strict deadlines on when you need to file necessary paperwork. If you’re injured on-the-job, don’t wait to file a claim because you run the risk of missing out on eligible benefits.
