Henderson, Raque & Cain Law Firm would like to provide you with some information on how Tennessee workers compensation claims are handled and whether it may be in your best interest to file a workers compensation claim. If you have been injured on the job and you became injured on the job as a direct result of a work-related accident or develop an occupational disease due to an exposure at the workplace, you should be able to file a workers compensation claim. Generally, you can’t sue an employer for a work related injury except on rare occasions in which you may want to seek an attorneys advice.

Any work-related injury or occupational disease that necessitates medical care, or results in the employee’s death or absence from work, is considered a valid workers’ compensation injury or illness under Tennessee workers compensation law as long as the injury happens within the scope and course of your employment.

Filing Your Claim Immediately:

Workers’ compensation benefits are designed to return those suffering a compensable workplace injury to their health and to their jobs as quickly as possible. Injured workers will be provided with the appropriate medical treatment, deemed medically necessary by an authorized treating physician,  to recover from a compensable work-related injury or illness. If the authorized treating physician reduces the hours of work or takes an injured worker off work, lost wages may be replaced with temporary disability benefits, depending on how much time is missed.

If you are injured at work, you should report your injury to your supervisor immediately. Effective for injuries occurring on or after July 1, 2016, employees generally have fifteen (15) calendar days from when they knew or should have known about their suspected injury to report it to their employer. It is illegal for an employer to fire an employee for reporting a work injury. If an injured employee is fired and believes it was for reporting a work injury, the employee may wish to consult an attorney. https://www.tn.gov/workforce/injuries-at-work/injured-workers/injured-workers/filing-a-claim.html

Can You Be Fired For Reporting A Workers Compensation Claim?

Absolutely Not! It is illegal for an employer to fire an employee for reporting a work injury. If an injured employee is fired and believes it was for reporting a work injury, the employee may wish to consult a workers compensation attorney.

What If My claim Is Denied?

When a claim is denied, it means your employer’s workers’ compensation insurance adjuster believes your injury is not compensable, meaning that it is not covered by workers’ compensation. If the adjuster denies your claim, you have a right to challenge the decision. The right to receive workers’ compensation benefits does not stay open forever.  In most cases, the deadline to file the request is one year from the date the injury occurred; or the date the last temporary disability benefits were paid or medical benefits were provided for the injury, whichever is latest. If a dispute regarding compensability occurs, an injured employee may seek help resolving the dispute from the Bureau.

Workers Compensation Benefits

Employees who have suffered a compensable injury, meaning that the authorized treating physician has determined it to be work-related, may be entitled to receive the medical and wage replacement benefits as prescribed by the Tennessee workers’ compensation law.  Workers’ compensation benefits are provided by employers through their insurance providers or third-party administrators (TPAs).

Medical Benefits: Injured workers who have suffered a compensable workplace injury are entitled to receive medical treatment, at no cost, for as long as the authorized treating physician (ATP) relates it to the work-related injury. Medical benefits include medical care and payment of medical bills.

Temporary Disability Benefits: If you are injured on the job and taken off work by your treating physician, you may be entitled to temporary disability benefits for the time you miss from work. Temporary disability benefits are paid by the insurance company (or self-insured employer) to replace lost wages when taken off work.

Permanent Disability Benefits: Permanent Disability benefits are designed to help replace wages lost if an injury leaves an employee with a permanent impairment and the employee is unable or less able to work after the injury.   Permanent Disability Benefits are paid by the insurance company or self-insured employer and are to replace lost wages.  These benefits are not paid by the Tennessee Bureau of Workers’ Compensation.

Death Benefits: When a compensable workplace injury results in the death of a covered employee, Death Benefits are available to the surviving dependents. Death Benefits are paid by the insurance company or self-insured employer and are to replace lost wages. These benefits are not paid by the Tennessee Bureau of Workers’ Compensation.

Returning To Work

Returning to work safely and promptly after a work-related injury can help in your recovery.  It can also help you avoid financial losses from being off work.  If you are hurt on the job, several people will work with you to help return you to work as quickly as possible.  These people include:

• Your authorized treating physician;
• Your employer (supervisors or others in management);
• Your insurance claims adjuster; and,
• Your attorney, if you have one.

If you were injured as a result of a workplace injury, it is always best to consult a workers compensation attorney to help you navigate this process and to ensure you are receiving the benefits in which you are entitled. Call or email the workers compensation lawyers of Henderson, Raque & Cain to schedule a legal review of your claim.

615-848-9090

About Henderson, Raque & Cain Law Firm

Henderson, Raque, and Cain is a law firm in Murfreesboro, TN dedicated to the rights of our clients. Our experienced attorneys are specialize in specific areas of law to ensure you get the representation you deserve for your situation. Whether you are facing DUI charges, need a divorce attorney, would like to file a workers’ compensation or personal injury claim, you can find the experienced, dedicated legal help you deserve with our Murfreesboro attorneys. We have represented clients throughout Rutherford County in state and federal courts for decades, providing professional service with integrity. Our law firm is built on experience, dedication to quality, and proven legal insight.

We are ready to listen to you about your personal injury, family law, or criminal defense case, ready to understand your circumstances, needs, and goals. At every step, you can rely on us to be approachable, responsive, and efficient, communicating with you throughout your case to keep you informed of your rights and what to expect in your case. We understand that your rights, your financial well-being, and your future could all be at stake. Our Murfreesboro law firm is dedicated to getting you results.