Memphis Workers’ Compensation Lawyer

What Are Tennessee’s Workers’ Compensation Laws?

Each state has unique workers’ compensation laws designed to help employees who have been impacted by a workplace injury. In Tennessee, most businesses with five or more employees (both full- and part-time) must obtain workers’ compensation insurance. There are exceptions to this rule; for example, a construction business must have insurance with just one employee or more.

If you believe you have been injured in the workplace or contracted an occupational disease, you have the legal right to report it to your employer without the possibility of being fired. In Tennessee, according to the department of labor & workforce development, employees should report an injury as soon as possible but typically have up to fifteen calendar days before it is too late.

Once you notify your employee, you will fill out a “Form C-42” and pick an “authorized treating physician” from a selection of three doctors. This doctor is tasked with determining if your injury was caused by factors relating to the workplace. If your injury is determined to be a “compensable injury,” according to the Tennessee Bureau of Workers’ Compensation, you may be entitled to:

The cost of medical treatment.

Medical treatment is expensive, and if you’ve suffered a work-related injury, it’s crucial to try and recover compensation. Examples of medical treatment costs that may be covered, according to the Tennessee Department of Labor & Workforce Development, include:

• doctor and nurse appointments
• hospital stays
• surgery
• medicine
• crutches
• mental health services
• dentistry work
• prescription eyewear

Travel expenses reimbursement.

The cost of commuting to frequent medical appointments can significantly add up. Travel expenses incurred due to a work-related injury, such as commuting to the doctor’s office, are eligible for reimbursement in Tennessee if the distance exceeds 15 miles one way.

Wage replacement.

Many people may need to take some time off work following a work-related injury to heal and regain strength. Others, unfortunately, may be left with lifelong physical impairment. This can result in severe financial consequences, leaving injured employees unable to pay their bills. There are several types of wage replacement paid by the insurance company and offered in Tennessee, known as disability benefits. These may include permanent or temporary disability payments:

• Temporary Total Disability (TTD). An employee might qualify for TTD if the authorized treating physician recommends refraining from all work. TTD typically covers two-thirds of an employee’s average weekly income calculated from the past year before the accident. The benefit kicks in eight days after the accident, and if the injury lasts for two weeks, the employee will be back-paid from the first day of disability.
• Temporary Partial Disability (TPD). Those who qualify for TPD are typically employees who are allowed to return to the job for light work and are being paid less or unable to work full hours. According to the department of labor & workforce development, the pay is calculated as 66 and 2/3% of the difference between gross light duty wages and an employee’s average weekly wage before the accident.
• Permanent Partial Disability (PPD). Employees who might qualify for PPD are those who have a permanent disability due to a workplace injury, although they can return to a job in some capacity. PPD is 66 and 2/3% of an employee’s average weekly wage for a set period, although this might vary depending on the specific injury.
• Permanent Total Disability (PTD). PTD benefits are for those who were permanently injured while working and cannot return to work in any capacity. This benefit is calculated by taking 66 and 2/3% of an employee’s average pre-injury wage, which you would then be paid until the employee qualifies for social security.

Workers’ Compensation Death Benefits in Tennessee.

If the worst-case scenario has happened, and a loved one has died as a result of a workplace accident, death benefits may be available to help cover lost wages. According to the Tennessee Department of Labor & Workforce Development, the benefits are paid by the insurance company and are as follows:

• If a deceased employee leaves no dependents, $20,000 may be paid to the deceased employee’s estate.
• If an employee leaves a surviving spouse, 50% of the deceased employee’s average weekly wages (up to the state’s maximum benefit) may be paid to the surviving spouse.
• If an employee leaves a spouse in addition to one or more dependent children, 66 and 2/3% of the deceased employee’s average weekly wages may be paid to the spouse.
• Up to $10,000 in burial expenses may be covered.

While these workers’ compensation benefits are in place to help protect injured workers financially after an accident, insurance carriers may sometimes try to reject your claim or offer you an amount that is less than what you deserve. In other instances, employees may be wrongfully and illegally terminated by their employer following a workplace accident.

If you are in a situation like this, our team of Memphis workers’ compensation lawyers at Mama Justice may be able to fight for you. Filing a workers comp claim can be a complicated and confusing legal process, and our lawyers have decades of combined experience representing Memphis workers. Call today for a free consultation and to speak with a knowledgeable workers’ compensation lawyer.

How Do Workplace Accidents Occur?

There are many different reasons why someone might be injured while at work. In some instances, these causes may be truly accidental, while in others, a workplace injury might be due to a negligent third party. If you’ve been impacted by a work-related injury, it’s essential to identify what exactly caused it. Here is a list of frequent causes of workplace injuries in Tennessee:

• Violence at the workplace
• Transportations accidents
• Fire and explosions
• Repetitive overuse
• Falls, slips, and trips
• Harmful substance exposure
• Overexertion
• Improper contact with equipment
• Electrocution

Following a workplace accident, knowing your rights as an employee is crucial, as you may qualify for workers’ compensation benefits. Medical care is expensive, and lost wages from missed work add up, so help yourself by contacting a workers’ compensation lawyer at Mama Justice today to see what financial compensation you may be entitled to.

What Jobs Are Workers Frequently Injured In Tennessee?

Although any job might cause injury, some workplace environments are more dangerous than others. Jobs that involve heavy machinery or sharp objects, for example, increase the chances of experiencing a work-related accident. Here is a list of jobs where Tennessee workers are most frequently injured, as reported by the Tennessee Department of Labor & Workforce Development in 2019:

• Transportation and material moving workers accounted for more than 4,900 work-related injuries and illnesses.
• Service industry workers, such as food servers or hairstylists, were injured or experienced occupational illnesses roughly 4,350 times.
• Construction and extraction workers were injured or contracted an occupational illness more than 1,200 times.
• Installation, maintenance, and repair workers were injured or contracted occupational injuries 1,460 times.
• Protective service employees accounted for just over 1,000 occupational injuries and illnesses.
• Education, arts, media, community service, and legal industry employees were injured or contracted occupational injuries 680 times.

Whether you were injured on a construction site, driving a truck, or working in an office, it’s essential to know your legal rights. The team of Memphis workers’ compensation attorneys at Mama Justice may be able to fight on your behalf and help you to recover full and fair compensation – just as we have with so many other clients. Contact our law office today to speak with one of our injury lawyers.