MemphisWorkers' Compensation

You may be entitled to financial compensation and other benefits if you’ve been injured at work. Contact a Memphis workers’ compensation lawyer at Mama Justice today to learn more about your options.

Every year thousands of Tennesseans are injured in workplace accidents. A work-related injury has the potential not just to be physically debilitating but emotionally and financially devastating as well. If you’ve suffered injuries on the job, it’s essential to act fast, as you may be entitled to workers’ compensation and other financial benefits.

Our team of Memphis attorneys at Mama Justice has years of experience taking on workers’ compensation cases, and we may be able to help you. Whether it be recovering damages for burdensome medical bills or helping to recoup lost wages, our attorneys have what it takes to take on insurance companies, past employers, or a third party and represent you through the workers’ compensation process.

No one should have to face the fallout of a workplace injury alone. Call Mama Justice today for a free consultation and learn more from a skilled attorney about your workers’ compensation rights.

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:

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.

Tennessee workers’ compensation is a no-fault system. That means you can generally receive benefits whether or not the accident was your fault, as long as the injury arose out of and happened in the course of your work.

How Long Do I Have to File a Workers’ Comp Claim in Tennessee?

Two clocks start running the day you are hurt. First, tell your employer about the injury within 15 days. Second, Tennessee law generally gives you one year from the date of injury to file your claim, or one year from the last workers’ compensation payment your employer or its insurer made, whichever applies to your situation (Tenn. Code § 50-6-203). Miss either one and you could lose your right to benefits.

Do not wait to see if the pain goes away. Report it in writing, keep a copy, and call us. Our consultation is free and the call is 24/7.

What Should I Do After a Work Injury in Memphis?

What you do in the first few days can shape your whole claim. Here is where to start:

• Get medical care right away. In an emergency, call 911 or go to the nearest ER, then tell the provider the injury happened at work.
• Report the injury in writing. Tell your supervisor or HR and keep a dated copy.
• Ask for your panel of doctors. Your employer must offer a list of authorized physicians (Tenn. Code § 50-6-204). Treating outside that list can leave you with unpaid bills.
• Write down what happened. Include the date, time, place, witnesses, and what you were doing.
• Be careful with recorded statements. The insurance adjuster works for the insurer, not for you.
• Call a workers’ comp lawyer. We can handle the paperwork and the adjuster so you can focus on healing.

What If My Workers’ Comp Claim Is Denied in Tennessee?

A denial is not the end. Insurers deny or delay claims for many reasons, including late notice, a disputed cause, or a claim that the injury was not work related. Tennessee has a process through the state Bureau of Workers’ Compensation to dispute a denial, and it can lead to a hearing before the Court of Workers’ Compensation Claims. The deadlines are strict, so talk to a lawyer as soon as you get a denial letter.

Bring us the denial letter, your medical records, and any notes about what happened. We will review it with you for free.

Can My Employer Fire Me for Filing a Workers’ Comp Claim?

Tennessee recognizes a claim for retaliatory discharge when an employee is fired for pursuing workers’ compensation benefits. An employer may still end employment for legitimate reasons that have nothing to do with your claim, so the facts matter. If you were fired, demoted, or had your hours cut after reporting an injury, write down the dates and what was said and call us right away. [NEEDS: attorney review of the retaliatory discharge standard and filing deadline before publishing.]

Can I Sue Someone Other Than My Employer After a Work Injury?

Workers’ comp generally stops you from suing your own employer, but it does not stop you from going after someone else whose negligence caused your injury (Tenn. Code § 50-6-112). Examples include a negligent driver in a work-related crash, a company that made a defective machine, or a contractor who left a site unsafe. A third-party claim can include damages that workers’ comp does not pay, such as pain and suffering. Tennessee’s one-year personal injury deadline usually applies to these claims (Tenn. Code § 28-3-104), so do not wait. Learn more about our Memphis truck accident and car accident work.

What Affects the Value of a Workers’ Comp Claim in Memphis?

No two claims are alike. Factors that commonly matter include how severe the injury is, how long you are off work, your average weekly wage, whether you return to your old job, whether a doctor assigns a permanent impairment rating, and whether you need future medical care. Workers’ comp pays medical bills and a share of your wages. It does not pay for pain and suffering.

Every case is different. Past results and general information on this page do not guarantee any outcome in your case.

How Much Does a Memphis Workers’ Comp Lawyer Cost?

You pay nothing upfront. Tennessee caps workers’ compensation attorney fees at 20 percent of the benefits recovered, and the fee is subject to approval (Tenn. Code § 50-6-226). If we do not recover benefits for you, you do not owe an attorney fee. Ask us about case expenses during your free consultation. [NEEDS: confirm firm’s engagement terms on costs match this language.]

What Death Benefits Does Tennessee Workers’ Compensation Pay?

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.

If a loved one died in a work accident, learn about wrongful death claims.

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.

What Are Some Common Work-Related Injuries in Memphis?

A workplace injury can happen in just a few short seconds or result from decades of strenuous, repetitive work. In 2020, the Bureau of Labor Statistics reported 57,500 work-related injuries and illnesses in Tennessee in the private sector and about 10,900 in state and local government. In addition, during that same year, there were 142 fatal work injuries in Tennessee. Here is a list of common workplace injuries that forced Tennesseans away from their jobs in 2019:

Sprains, strains, and tears.

Just under 35% of nonfatal workplace injuries in Tennessee were sprains, strains, and tears in 2019. These types of injuries could be caused by a fall, such as slipping on a wet floor or from an activity like repetitive muscle motion.

Soreness and pain.

Injuries categorized under soreness and pain accounted for 16.2% of nonfatal workplace injuries in Tennessee in 2019. Examples include severe pain and stiffness that impacts or immobilizes knees, hands, wrists, the neck, or the back.

Cuts, lacerations, and punctures.

Whether in a kitchen or at a construction site, there is no shortage of work environments involving sharp machinery and tools. Over 10% of workplace injuries in 2019 in Tennessee came from cuts, lacerations, and puncture wounds.

Fractures.

Working in high-up places or with heavy equipment makes some workers more prone to accidents that could cause bone fractures. Fractures accounted for 10.3% of workplace injuries that forced Tennessee employees away from work in 2019.

Bruises and contusions.

Bruising and contusions made up 9.2% of workplace-related injuries in Tennessee in 2019. These injuries can come from a range of accidents, which may include, for example, trips, bumps, falls, or even workplace violence.

Traumatic injuries.

Examples of traumatic injuries include spinal cord injuries, concussions, facial trauma, and traumatic brain injuries. In 2019, traumatic injuries made up 2.7% of workplace injuries in Tennessee.

Heat burns, chemical burns, and corrosions.

The potential for severe injury occurs when chemicals, hot surfaces, and other dangerous materials are not handled with care in the workplace. Heat burns, chemical burns, and corrosions accounted for 1.3% of nonfatal work injuries in Tennessee in 2019.

Our team of Memphis workers’ compensation lawyers at Mama Justice have a wealth of experience representing clients with all types of workplace-related injuries. Our law firm knows the value of a solid attorney-client relationship, and we may be able to provide legal counsel for you following a work injury. Call today at (888) 805-6010 to learn more and schedule a free consultation.

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:

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.

Why Choose a Memphis Workers’ Compensation Lawyer at Mama Justice?

Here at Mama Justice, we are guided by the values you need to succeed in your Memphis, TN, workers’ compensation case. Whether standing up against an employer, a negligent third party, or an insurance carrier, our skilled attorneys have the years of experience necessary to achieve the settlement or courtroom outcome you deserve. At Mama Justice, we pride ourselves on:

• More than 40 years of combined experience in the legal field among our team
• An unmatched attorney-client relationship where we treat you like family
• Strong, frequent, and consistent communication with our clients

Our founding attorney, Missy Wigginton, has years of experience representing people who were injured in work-related accidents. Along with the rest of our team, her goal is to ensure proper legal representation while guiding her clients through some of the most challenging times. Contact Mama Justice today at (888) 805-6010 to schedule a free consultation and answer any questions.