Worker’s Compensation
The Tennessee workers’ compensation law applies to employers with five or more regular employees. An employer covered by the law is required to insure his/her workers’ compensation liability under the law. However, even if his/her employer is not covered by the law, one may still have a claim. In addition, a claim against a third party may be made for injuries. The party should consult an attorney to learn all rights.
How should I deal with the doctors?
One’s employer is required to give each employee a list of three or more doctors to choose from. We urge the employee to cooperate with his/her doctor of choice. The doctor’s charges are paid by the workers’ compensation insurance company. In the event that the employee is not satisfied with the doctor, he/she should consult an attorney to learn all his/her rights.
How should I deal with the adjusters?
When dealing with an insurance adjuster, one should not be swayed into thinking that this person is acting on his/her behalf. The insurance adjuster works for the insurance company and is looking out for the best interest of the insurance company.
What am I entitled to?
Under the workers’ compensation law, one is entitled to have all medical bills paid together with the mileage expense to and from the doctor he/she has chosen from the panel of three doctors given by his/her employer. Except for the payment of these medical bills and mileage expenses, no other compensation is owed the injured employee for the first 7 days of his/her disability, and the payments will not start until the eighth day of the disability. However, if the disability lasts for 14 or more days, then he/she will be entitled to other compensation from the first day of disability. This other compensation, in addition to the payment of his/her medical bills and mileage expense, is commonly referred to as temporary pay. One should know that temporary pay is limited under the workers’ compensation law and will not be the same amount as regular pay. In addition to the payments for medical bills, mileage expense, and temporary pay, the injured employee is entitled to compensation if a permanent injury is incurred.
Note: No mileage expense is allowed if the round trip to and from the doctor is less than 30 miles.
How much is my case worth?
Once the injured employee has reached maximum medical recovery, if he/she has a permanent injury, his/her doctor will give him/her what is called a disability rating. This rating is the starting point for negotiations with the insurance company to determine what the case is worth.
How do workers’ compensation cases differ?
Tennessee workers’ compensation cases are governed by the laws contained in the Tennessee Workers’ Compensation Act. An injured employee should consult an attorney to know his/her rights.
How is my lawyer paid?
The Tennessee Workers’ Compensation Act sets limits on attorney’s fees. The attorney’s fee must be approved under the terms of the law. In general, one’s attorney will charge 20% of his/her recovery. There are other limitations on fees for sizable recoveries.