No one wants to get hurt at work, but sometimes it happens. Slips and falls, being injured by large machinery, falls from a high place, vehicle accidents that happen while you’re on the clock, and even repetitive stress injuries like carpal tunnel syndrome – all of these may count as workplace injuries.
When this happens, you could have expensive medical bills. Worse, you may be unable to work temporarily or even permanently, leaving you in dire financial straits.
This is where workers’ compensation may come in. Workers’ comp is designed to solve several problems regarding workplace injuries.
The injured employee needs compensation for their medical costs and lost wages. The employer wants to avoid lengthy and costly lawsuits.
The employee may also want to avoid a lawsuit for multiple reasons: lawsuits take time, there are court costs, and proving their injury was the employer’s fault is sometimes difficult. And even if you win your lawsuit, it could take months, and during that time, you won’t be getting paid for your losses.
Workers’ compensation insurance provides an option where the employee can easily get compensated for their injuries while avoiding a situation where everyone has to spend time and money in court. However, it is not the right solution in every situation, and many workers are unsure how to proceed after suffering an injury.
If you’re in this situation, the most effective step you can take is to speak to a qualified workers’ compensation lawyer to better understand your options.
Where Can I Find a Tennessee Workers’ Compensation Lawyer?
Ali Awad, the founder and managing attorney at The CEO Lawyer Personal Injury Law Firm, is an experienced workers’ compensation attorney. Also known as “The CEO Lawyer,” Mr. Awad started a new law firm and quickly grew it into an 8-figure firm in only three short years.
It was later voted the fastest-growing law firm in the United States, beating 499 others for the honor in 2021. When he’s not fighting for workers, The CEO Lawyer also finds time to offer legal advice to more than a million followers on social media.
If you or a loved one are dealing with a workplace injury and aren’t sure how to proceed, you have limited time to file a claim. There’s no time to lose – call our Tennessee personal injury attorneys for a free, no-obligation consultation of your case.
The CEO lawyer and his team work using a contingency basis – so they won’t get paid unless and until you do. There is no risk in calling (423) 777-8888 to talk about your situation and learn your options.
Here are some frequently asked questions and things you need to know about workers’ compensation:
What Does Workers’ Compensation Insurance Cover?
Workers’ comp has two areas of coverage:
- Your medical bills. This includes hospitalizations, doctor visits, tests, prescriptions, etc. If you have to travel more than 15 miles to get treatment, you can also ask for mileage costs.
- Partial wage replacement for the time you are out of work or on a reduced work schedule that leaves you earning less than normal. This is separated into two types of coverage: temporary partial disability and temporary total disability. In partial disability situations, the employee can return to work but may be placed on light duty or reduced hours and, as a result, may see a decrease in pay. With temporary total disability, the worker is completely unable to return to work until their doctor signs off on it.
If I’m Placed on Temporary Disability, Do I Just Get a Check for What I Would Have Made at Work?
Not quite. Temporary disability benefits are typically ⅔ of the average wage you made for the prior 52 weeks before you were taken off duty.
So, if you just recently got a raise, you’ll be taking a big pay cut. Even if your income has remained steady for the past year, it will still be reduced by a third.
Temporary disability benefits come due on your eighth day of disability. If you are out of work for 14 days, your benefits should be backdated to the first day you were out of work.
There are also caps on how much you can earn per week and per year, which vary depending on the year in which you were injured.
If you are permanently disabled and unable to work due to your injury, you can file for permanent partial or total disability benefits. If approved, they will be paid at the same rate as temporary disability benefits.
How Do I Know if My Employer Offers Workers’ Compensation Insurance?
In Tennessee, all employers with five or more employees are required to have workers’ comp insurance. All employers in the construction business or coal mining business with at least one employee should have workers’ comp unless they have been specifically exempted.
Most employers contract with an insurance carrier for this coverage, although they have the option to create their own fund and “self-insure” for workers’ comp.
Should I Report My Injury to My Employer or Wait?
If you are even considering making a workers’ compensation claim, you will need to report your injury to your employer within 15 days. We recommend reporting any injury as soon as you can.
This does not mean that you have to make a worker’s compensation claim or take any further steps, but it does create a record of your injury, so you have options. You should also see a doctor right away to learn the extent of your injuries and get treatment.
Can I Go to My Own Doctor for Treatment?
In Tennessee, you must see an authorized treating physician for your workplace injuries in order to have your expenses covered by workers’ compensation insurance. Your employer should provide a list of three doctors to choose from.
Can My Boss Fire Me for Making a Workers’ Compensation Claim?
This is illegal, but it happens. If you believe you have been fired out of retaliation, you will need to document the reasons you suspect retaliation and speak with a workers’ compensation lawyer right away.
Unfortunately, because Tennessee is an “at-will” employment state, your employer can fire you for basically any reason other than federally protected statuses (discrimination) or retaliation. Often, an employer will claim they fired you for some reason other than retaliation, making their actions legal.
Whether or not you can prove them wrong depends entirely on the kind of evidence you have.
Your attorney can advise you on the likelihood that you can prove your case with the available evidence. They may also investigate further, talking to potential witnesses or considering other evidence.
What If I’m Seriously Injured and Can’t Work Is ⅔ Pay Really All I Get?
We hear you. This can be a frustrating situation, especially for employees who are barely getting by at their full rate of pay.
This is the most you can achieve with a workers’ compensation claim (assuming your claim is approved). However, workers’ comp is not your only option.
Worker’s comp is usually a fast, easy option to receive some compensation for your injuries, but it is not the ideal solution in every situation. In some cases, you can sue your employer or seek compensation from their insurance company outside of the workers’ compensation system.
With a lawsuit, you can ask for damages for the full amount of both your medical bills and your lost wages. You will need to prove that your employer’s negligence was the cause of your injuries in this situation.
Keep in mind that once you accept a workers’ compensation claim, you will not be able to file a lawsuit against your employer. This is why we recommend speaking with a Tennessee workers’ compensation attorney before you make any decisions, for they can explain your options and answer any questions you have about your specific situation so you can make an informed decision.
What if My Worker’s Comp Claim Was Denied?
Unfortunately, this is common. Often, the insurer will deny your claim because they do not believe your injury or illness was caused by your workplace.
In many cases, there is ample evidence that the injury was caused by the workplace, but the insurer is hoping you’ll accept their answer and leave them alone. If this happens, don’t get mad and argue with the insurance adjuster.
It is possible you may unintentionally make things worse. Instead, get a worker’s comp attorney who knows the right steps to prove your case and defend your rights.
Call Our Tennessee Workers’ Compensation Law Firm If You Were Hurt On the Job
Ali Awad, The CEO Lawyer, is a knowledgeable negotiator who can help you determine the appropriate path forward after an injury or illness you suffered at work. With more than twenty years of experience, the CEO Lawyer Personal Injury Law Firm’s attorneys have a long and successful track record of more than 99%.
If you have questions or concerns about your workplace injury, call the CEO Lawyer and his team now at (423) 777-8888 for a free, no-obligation consultation.
