Your rights to recover workers’ compensation are strictly governed by Tennessee Statutory Law. The Tennessee Worker’s Compensation Act entitles the injured worker to benefits for on-the-job injuries, occupational diseases or death suffered on-the-job. McDonald, Levy & Taylor has had opportunity to represent numerous injured workers with a multitude of different type of injuries. Our attorneys and our staff will assist you in every step of the compensation process.
Tennessee enacted new workers’ compensation laws which negatively affects an employee’s right to receive workers’ compensation benefits. The new statute applies to injuries occurring after June 30, 2014. The legislation also changes the procedures for obtaining benefits.
If you have been injured on-the-job you are entitled to:
- Payment of medical expenses for any treatment you receive as a result of your on-the-job injury including, but not limited to, doctor’s visits, emergency room treatment, physical therapy and prescription reimbursement. Although your employer is required to pay your medical expenses, there are restrictions as to what doctors may treat you. To ensure that your medical bills are paid by your employer, do not seek any medical treatment without first consulting your employer unless it is a medical emergency.
- A list of three (3) doctors from which you may choose medical treatment should be provided to you.
- Mileage to and from the approved healthcare providers if you must travel more than prescribed distance to any healthcare provider.
- Temporary total benefits for the period you are unable to work until you return to work or reach maximum recovery from your injuries.
- Permanent Partial Disability Benefits if you have a permanent impairment as a result of your injury.
- Lifetime medical expenses for your injury.
- You should not be terminated or retaliated against because you pursue a worker’s compensation claim against your employer.
What should you do if you are injured at work?
Report your injury immediately: When injured at work, you should report the injury to your employer in writing immediately. Notice of your injury should be given in writing so there is no dispute in the future as to whether or not you promptly reported your injury. Failure to give prompt notice can result in your losing all of your rights and benefits.
Request that the employer notify his worker’s compensation injury carrier of a potential claim and complete a First Report of Work Injury form.
Obtain Medical Treatment: The employer should provide you with a list of three (3) physicians from which you can choose to receive medical treatment. You have the right to choose one physician from that list. Once you choose a physician from the list, you are required to accept treatment from that physician and should not see any other physician unless the chosen physician makes a referral.
Photograph and/or secure any physical evidence.
Tennessee has a one (1) year statute of limitations. If you fail to file the appropriate documents within the statute of limitations, you may lose all of your rights and benefits.
Frequently Asked Questions
Q. What are my attorney fees?
A. Attorney fees in workers’ compensation cases are fixed by law. Fees will not exceed twenty percent (20%) of the amount of compensation covered. The contingency fee arrangement will be discussed with you at the first meeting and you will be provided with a written contract that sets forth all the terms clearly. Again, if we do not obtain a recovery for you – we do not receive a fee.