If you need legal representation because of an injury on the job, contact the Lawyer Referral and Information Service and get referred to a competent attorney that helps injured workers.
If you suffer a bodily injury or a mental injury, then the injury must have arose out of and in the course of your employment. The workers compensation laws have substantially changed over the last several years and unfortunately are not in favor of the employee.
Back in the day, if you were injured and had a grievance your lawyer could simply file a lawsuit against the employer and have a Court address the problem. Now the Tennessee Department of Labor Workforce Development office is responsible for supervising workers' compensation claims and issuing rulings which enforce the Tennessee Workers Compensation Law. Only when the employee or employer has exhausted all remedies and administrative levels of appeals within the Department of Labor may an employee or employer file a law suit in the appropriate court.
With that said, employees who are deemed by the authorized treating physician are entitled to temporary total disability payments which is two-thirds of their average weekly wage after an authorized absence from work of 7 days. The 7 days acts as a "deductible," but the lost compensation is returned to the employee after being authorized to be absent because of the injury after the 14th day. The employee is entitled to receive the temporary total disability benefits until they either return to work or reach maximum medical improvement. The employee may lose the benefits for failing to be compliant in their claim, such as missing doctor visits or therapy visits.
If the treating doctor finds the employee is permanently injured, then the doctor may provide an opinion of permanent medical impairment which is translated into a vocational disability award. Awards of permanent disability are either to the body as a whole such as a back, neck, hip, or shoulder injury whereas awards may be to scheduled members as more specifically explained in the workers compensation statute. Examples of scheduled members are injuries to the foot, leg, arm, or hand. The formula for calculating the permanent disability award which may be limited to one and a half times the impairment rating or up to six times the impairment rating. The maximum award may be up to 400 weeks or even life if the injured workers is found to be permanently and totally disabled. A finding of permanent and total disability requires a court to find that the employee is unable to work in any occupation.
While this narrative is just a brief overview, the injured worker should be aware that any compensable claim comes with lifetime medical care which is an absolute right that should not be waived or contracted away with the insurance company.
Lawyers who represent injured workers are entitled to a fee of 20% of any award they obtain for the worker plus expenses. Hiring a lawyer through the Lawyer Referral and Information Service will ensure excellent representation in your claim, whether it be within the Department of Labor or a court.
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