Tennessee Workers' Comp FAQ
Frequently Asked Questions: Workers' Compensation
- When should you notify your employer after a work injury?
- When should you call a lawyer?
- Can an employee be fired for bringing a workers' comp claim?
- Can you use your own doctor?
- Which doctor should you choose?
- Can you get a second opinion?
- What benefits are you entitled to after your injury?
- When can a workers' compensation settlement be reconsidered?
1. When should you notify your employer after a work injury?
Under Tennessee's Workers' Compensation Act, you must notify your employer in writing as soon as practicable, or within 30 days after the first signs of the illness. Talk to your employer to find out who your workers' comp carrier is and notify the carrier of your injury immediately. Then, seek legal counsel.
2. When should you call a lawyer?
Contact an experienced Tennessee workers' compensation attorney if you have a serious injury that keeps you out of work for a couple of weeks. A lawyer can protect your rights and ensure that your employer is acting lawfully. At Vaughan and Zuker, we have decades of experience with the Tennessee workers' compensation system and can help you navigate the bureaucratic maze effectively.
Call our offices directly at either (865) 684-4101 (local) or at (866) 770-9039 (toll free). The initial consultation is always free. We also offer evening, weekend and out-of-office appointments upon request.
3. Can an employee be fired for bringing a workers' comp claim?
In today's economy, people avoid turning in workers' compensation claims because they are afraid of being fired. It is not illegal for your employer to fire you while you are on workers' compensation. But, you cannot be fired simply because you made a claim. If you are fired, you may be able to file a claim for retaliatory discharge.
You need to think seriously before you decide not to notify your boss of the injury and not to file a claim. For example, if you injured your back and do not request workers' compensation, you risk having no proof of injury and no coverage if your injury becomes disabling in the future.
4. Can you use your own doctor?
If you go to your own doctor after a work-related injury, you will have to pay for his or her services out-of-pocket. Because your injury is work-related, your health insurance will not pay for the evaluation or medical care you receive.
5. Which doctor should you choose?
One of the most important things you can do after a work injury is choose your physician carefully. Your employer must provide you with a panel of physicians. Unfortunately, because the employer chooses the doctors, the doctors are more likely to support the employer's goals. However, some of these doctors will be more employee-oriented than others. Our workers' compensation lawyers can help you review the doctors available to you.
6. Can you get a second opinion?
Did your workers' compensation physician determine that you were not injured or give you the lowest impairment rating? Legally, you are not entitled to a second opinion, but you can request it if the doctor recommended surgery. There is also case law that suggests you can request additional care if you continue to experience problems related to the accident.
7. What benefits are you entitled to after your injury?
Injured workers may be entitled to receive: disability benefits (if missing more than seven days of work), medical benefits, permanent impairment/permanent disability and death benefits. You can also be reimbursed for mileage to and from the doctor (if over 15 miles) and prescription medication. If you are not receiving your reimbursements, talk to us.
8. When can a workers' compensation settlement be reconsidered?
If you settled a workers' compensation claim in the past and have recently lost your job, you may be able to reopen your workers' compensation claim and seek additional compensation. When you returned to your job at the same pay, your workers' comp benefits were limited. Now, you may be able to demand an increase through reconsideration of your case.
If you have a physical impairment and you were able to return to work at a wage equal to or greater than what you received at the time of your settlement, you were probably limited to an award of 1.5 times the doctor's anatomical impairment rating. If you lose your job through no fault of your own, that award can be increased up to six times your anatomical impairment rating through reconsideration.
For example, if the doctor gave you a 10 percent impairment rating, you were limited to 15 percent vocational disability. After losing your job, you may be able to increase that award up to 60 percent by requesting reconsideration.
There are deadlines involved in reconsideration of a workers' compensation case. Therefore, if you are laid off through no fault of your own, you should contact our Tennessee workers' compensation lawyers to discuss your case in a free consultation. We are happy to explain the options available to you.
Protect Your Workers' Compensation Rights. Speak With an Attorney.
The information on this page is not legal advice. It is for informational purposes only. Before you act on this information, contact our workers' compensation attorneys in Knoxville, Tennessee, today. You have nothing to lose; the initial consultation is free.
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