A workplace injury or illness can put your job, physical and mental health, and livelihood at a great risk. You might feel confused about what to do, while at the same time, be trying to recover. Seeing a doctor might seem like a straightforward idea; however, in Tennessee there are rules that apply to which medical professional you can see, and what steps you must take after being treated. The following are a few common questions and their answers.
These types of claims are often rife with challenges, and you may want to get advice from a Tennessee workers compensation lawyer.
Do I Need to See a Company Doctor?
Usually in Tennessee employers and their insurance companies will require an injured employee to get treatment from their chosen doctors. If you don’t, they might not cover your medical care.
Sometimes, after a period of time elapses, and you have seen the company doctor, you may be able to choose your own doctor. If this is available, you will need to notify your employer ad the insurance company.
If there are no chosen company doctors, you might be able to choose your own. You should confirm this ahead of time.
A Representative from the Insurance Company Asked to be Present During My Exam, do I Have to Agree to This?
You can refuse to allow anyone to be present during an exam with the doctor. If you are having a problem with refusing this request, call The Higgins Firm.
The Doctor Has Released Me to Light-Duty Work. Can I Still Apply for Workers Comp?
If you have been released to do light duty work, but there are no light duty job positions available, you may still be able to recover workers compensation benefits.
If a position is available, your doctor will need to approve the duties. If this position pays less than what you made, you may be able to receive partial payments.
After you return to your job, any necessary medical treatment related to the injury will be paid for. Furthermore, the benefits may continue if you are laid off work, are terminated, or your doctor takes you off work completely.
The Company Doctor Says I can Go Back to Work, My Own Doctor Disagrees, Now What?
If your doctor refuses to let you go back to work, but the company doctor says you can, it is your right to also refuse. If this should happen, your employer might try to suspend your benefits, modify them, or terminate them all together. You would then receive your benefits until a judge reviews the case. If you are in this situation and don’t have a workers compensation lawyer, now is the time to get one.
What if My Doctor Takes Me Off Work?
Should you be taken off work by the workers compensation physician because of your injury, your employer or its insurance company is required under the Tennessee Workers Compensation Act to pay what is called a temporary total disability check (TTD). The check is equal to 66 2/3% of your average weekly pay calculated by averaging the 52 weeks’ wages prior to the date of injury subject to certain minimums and maximums for the TTD. You should start receiving this payment 15 days after sustaining your injury and be paid at least twice a month.
A doctor’s note stating that you have been removed from work is required to be eligible for the TTD. The date of the injury is not included, but each day, whether or not consecutive, covered by the off work order is included.
An injured employee is not paid for the first seven (7) days of disability. On the eighth (8th) day, the employee is eligible for one day’s benefits, on the ninth (9th) day, the employee is eligible for two days’ benefits, and so on. If the employee continues to lose time from work through the fourteenth (14th) day, the seven–day waiting period will be picked up and the employee will be due benefits for all fourteen (14) days.
If you have any question about a claim or workers compensation benefits due you, please contact our offices for an opinion on your case. We can be reached online or at 800.705.2121.
The insurance company has a legal team. You should too.
