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Workers Compensation FAQ
At The Higgins Firm our workers compensation lawyers receive calls from injured workers everyday. Many of these people are confused about their ability to recover benefits and are looking for reliable legal advice. Some of the most common questions about workers compensation in Tennessee are as follows:
What Constitutes a Workers Compensation Claim?
If you have been injured while working on the job in Tennessee, you should be able to pursue workers compensation benefits. In general, the injury would have to have been a direct result of an accident at work or the development of a work related illness due to some kind of exposure. These accidents or injuries can include exposure to hazards or toxins as well as chronic or repetitive stress injuries that develop over time.
Are Workers Compensation Benefits the Only Type of Compensation I can Recover?
In general, the workers compensation system is the only option available for injured workers in Tennessee. In other words, you will not be able to sue your employer for an injury that happened on the job. There are exceptions to this principal. If you believe you may have the right to file a lawsuit against your employer or a third party, please call a workers compensation lawyer from The Higgins Firm.
What is a Valid Workers Comp Claim?
Under Tennessee laws, any injury or illness that is directly related to your job, and necessitates medical treatment, or results in the death or absence of the employee, is enough to warrant workers compensation benefits. It should be noted that the injury or illness must have occured while performing your job duties, within the scope of employment, and while you were on the job. Basic injuries that require first aid care, or injuries that happened before you began work (i.e. while you were driving to work), will likely not be sufficient enough to file a workers compensation claim.
Will I be Covered?
In general, any employer who employs at least five people in Tennessee must have workers compensation insurance. All coal mining and construction companies must have this insurance regardless of how many people they employ.
The laws in Tennessee typically cover all injured workers in the state; however, there are separate laws for federal employees. If you are a federal worker in Tennessee and have been injured while working, please call The Higgins Firm to find out what procedures you must follow. If you are a volunteer, independent contractor, domestic worker, or certain type of agricultural worker, workers compensation benefits may not be available.
How Long do I Have to File a Claim?
It is prudent you notify your employer of the injury, verbally or written, by no more than 30 days; ideally less. Although you don’t have to, notifying them in writing is recommended. Once you have done so, your employer has one day to complete the Tennessee Employer’s First Report of Work Injury or Illness form. The insurance company has 15 days to accept or deny your workers compensation claim.
What Happens if I was Denied?
If you have been denied a workers compensation claim in Tennessee, you have the right to file an appeal. The same applies to you if you were offered benefits, but you are not happy with the settlement offer made by the insurance company.
When Should I Contact a Tennessee Workers Compensation Lawyer?
As soon as you can, following your injury or illness, you should call a workers compensation lawyer to begin the claims process. Please don’t wait to call The Higgins Firm to ensure you get maximum benefits.
The insurance company has a legal team. You should too.
