Appeals Process for Workers’ Compensation in Tennessee

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If your workers’ compensation claim was denied, this isn’t the end of the road. Read on and reach out to our firm today to speak with a dedicated and experienced Knoxville workers’ compensation attorney.

What is workers’ compensation?

The Tennessee Bureau of Workers’ Compensation (BWC) issues the Tennessee Workers’ Compensation Law, helping both employees and employers in minimizing the effect of work-related injuries. The Bureau’s programs are created to supply timely and useful services that help injured employees return to their health and jobs as fast as possible. Notifying all parties of their rights and responsibilities, these programs foster a better understanding of the benefits and requirements provided by the Workers’ Compensation Law.

Workers’ compensation is created to protect employees and employers from the negative consequences associated with a work-related accident. The law provides a financial safety net to employees by ensuring medical benefits and partial wage replacement to those injured on the job. The law benefits employers by restricting the amount of benefits that employers must provide to only those set forth in the law.

How does the appeals process work?

Whether you have been injured on the job, applied for workers’ compensation benefits, received inadequate benefits, or had your claim denied, it is imperative that you have an experienced attorney on your side.

Below are the numerous steps to Tennessee’s workers’ compensation appeals process:

  1. Hire the services of a Tennessee workers’ compensation appeals lawyer who will help you with filing a Petition for Benefits Determination with the Tennessee Bureau of Workers’ Compensation. This petition must be filed within one year of your injury, your last benefit payment, or your last authorized medical treatment, depending on whichever is the latest date.
  2. Your attorney will communicate with a neutral first-party mediator from the Tennessee Bureau of Workers’ Compensation if this is your first time appealing your case over temporary disability benefits or coverage for medical treatment. The mediator will try and attain a settlement between you and the insurance company. This meeting will occur in person or on the phone.
  3. If you are still presented with inadequate compensation, the Court of Workers’ Compensation Claims will receive a Dispute Certification Notice. You and your attorney will go to an expedited hearing before a judge within 60 days. You will likely have to attend a formal hearing to prevent your evidence.
  4. The judge will administer a written order after the healing which will detail the benefits you are going to obtain.
  5. If you still have not acquired the benefits you are qualified to receive, it is possible to appeal to the Workers’ Compensation Appeals Board within 30 days. Here, a panel of workers’ compensation judges will review the initial hearing decision. They will then decide whether it should be upheld or altered.

CONTACT OUR EXPERIENCED TENNESSEE FIRM

Morris & Doolan has significant experience representing clients facing a wide range of workers’ compensation matters, including denial of benefits, appeals, and third-party lawsuits. Contact us today to learn more about our services.

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