Workers' Comp Tips

WHAT TO DO WHEN INJURED

The following steps are critical to your Workers' Compensation case:

  1. Report your injury immediately to your employer. In Tennessee, a form known as the "First Report of Work Injury" should be completed. If possible, get a copy of your report to make sure you have a record of its completion.
  2. Get immediate treatment and continue seeing the doctor until he releases you. The employee should be given a choice of three (3) physicians not associated together in practice. These physicians should be in or near the employee's community of residence. You have the privilege of choosing one physician from the list of three. The employee is then required to accept treatment from the chosen physician and should not see any other physician unless the chosen physician makes a referral.
  3. Tell your doctor the truth. Do not exaggerate your injuries. Do not overstate the locations of injuries. If you are not specific and accurate, many of the workers' compensation approved doctors will not believe you. However, it is just as important to be specific; answers like "fine" and "okay" will not help your doctor arrive at an appropriate diagnosis and course of treatment. Another thing to watch out for is the Friday afternoon accident. Some people get hurt on a Friday but wait until Monday to report the injury to their employer. Unfortunately, the employers will almost certainly deny the injury and argue that you were injured over the weekend. If you are hurt on a Friday, report it on Friday and seek medical treatment on Friday. Remember you are entitled to a choice of three physicians in Tennessee. If possible, get some advice before you choose a doctor. At the very least, ask your co-workers if they are familiar with any of the physicians. If you can, contact an experienced workers' compensation attorney. There are physicians who are known to be excellent caregivers and others who are known to be poor. There are physicians we know who seem to be reluctant to believe an employee when that employee says he or she is hurt. We are familiar with most of the workers' compensation doctors in middle Tennessee, so feel free to give us a call.

PAYMENT WHILE OFF WORK: If a physician takes you off work for more than seven days, you may be entitled to temporary disability payments. An injured employee is not paid for the first seven days of disability. On the eighth day, the employee is eligible for one day's benefits, on the ninth day, the employee is eligible for two days' benefits, and so on. If the employee continues to lose time from work through the fourteenth day, the seven-day waiting period will be picked up, and the employee will be due benefits for all fourteen days.

OBTAIN REPRESENTATION: Contact an attorney who knows the Workers' Compensation Law. The Tennessee workers' compensation law is complex and confusing. Unless you have an attorney who knows the laws, you will be left in the dark as to whether you are being treated fairly.

 

BENEFITS YOU SHOULD RECEIVE

Tennessee Workers' Compensation is a "no-fault" system in which the injured worker receives medical and compensation benefits no matter who caused the job-related accident. The only requirement is that the injury arose out of and during the course of employment. Almost every worker in Tennessee is covered by the Workers' compensation act. Employers are responsible for payment of workers' compensation benefits to injured workers. These benefits must be paid either directly by the employer or through its insurance company. The available benefits can include the following:

MEDICAL TREATMENT: The employee should be given a choice of three (3) physicians not associated together in practice. These physicians should be located in or near the employee's community of residence. You have the privilege of choosing one physician from the list of three. The employee is then required to accept treatment from the chosen physician and should not see any other physician unless the chosen physician makes a referral. If you are not happy with your treating physician, your options are limited under Tennessee law. Specifically, the employer or insurance carrier is not required to offer a second panel of physicians or a second opinion. If asked, however, many insurance carriers and employers will provide a second panel. The employee may always seek a second opinion or obtain treatment with any physician at his/her own expense; however, only the restrictions of the authorized physician must be followed by the employer.

PAYMENT WHILE OFF WORK: If a physician takes you off work for more than seven days, you may be entitled to temporary disability payments. An injured employee is not paid for the first seven days of disability. On the eighth day, the employee is eligible for one day's benefits, on the ninth day, the employee is eligible for two days' benefits, and so on. If the employee continues to lose time from work through the fourteenth day, the seven-day waiting period will be picked up and the employee will be due benefits for all fourteen days. How much will that temporary check be? An employee is entitled to 66 2/3% of his/her average weekly income, but neither more than the maximum nor less than the minimum. The weekly compensation rate is subject to the workers' compensation maximum and minimum rates in effect on the date the employee was injured.

COMPENSATION FOR PERMANENT INJURY: if you do not completely recover from the work injury, you are entitled to receive compensation. If the injury is permanent, the workers' compensation physician will give a percentage of disability and state the part of the body involved. This is called a disability rating. However, not all doctors agree on the extent of a worker's disability or even if a disability exists. If you are released by your workers' compensation doctor with a small disability, you should contact an attorney to see if the rating is fair. If the rating is low, it will have a direct impact on the amount of your compensation. If needed, an experienced workers' compensation attorney should be able to schedule an independent medical examination with a separate physician to obtain a second opinion in relation to the impairment rating.

DEATH BENEFITS: When an injury results in the death of a covered employee, the widow or widower or dependent orphan is entitled to 50% of the deceased employee's average weekly wage, not to exceed the maximum per week. If the deceased employee leaves a widow/widower and one or more dependent children, 66 2/3% of the deceased employee's average weekly wages, not to exceed the maximum per week, is due. If a deceased employee leaves other relatives dependent on the employee for support, compensation may also be payable to those dependants. When the deceased employee leaves no dependents, $20,000 shall be paid to his or her estate.