Here at Morris & Doolan, PLLC, we know just how stressful a work-related injury can be, which is why we are dedicated to helping those who’ve been wrongfully injured on the job in Knoxville and throughout the state of Tennessee. Our firm has created a Tennessee Workers’ Compensation FAQ to help you understand your rights and entitlements if you’ve been injured on the job. Read on and contact an experienced Knoxville workers’ compensation attorney right here at Morris & Doolan, PLLC to learn more about workers’ compensation claims in Tennessee.
Our Tennessee Workers’ Compensation FAQ
What is workers’ compensation?
Workers’ compensation is a form of no-fault insurance that most employers in Tennessee are required to carry. If your employer carries workers’ compensation insurance and you are injured on the job, you can file a workers’ compensation claim, whether the accident was your fault or not. If your claim is successful, you should receive compensation to help cover the cost of your medical bills and a portion of your lost wages.
Are all employees entitled to workers’ compensation in Tennessee?
While most employees are entitled to workers’ compensation benefits in Tennessee, this is not true of all employees. To start, all employers in the construction or coal industries must carry workers’ compensation insurance, regardless of the number of employees, unless they are specifically exempt. Additionally, all other employers of companies with at least 5 employees are required to carry workers’ compensation insurance. That being said, there are some exceptions. Independent contractors, domestic workers, and some agricultural workers are exempt from workers’ compensation benefits. If you are ineligible to receive workers’ compensation, however, you should note that you can still file a third-party claim if you’ve been injured on the job due to no fault of your own.
What workers’ compensation benefits does Tennessee offer?
Tennessee offers a multitude of workers’ compensation benefits to accommodate a wide array of work-related injuries and illnesses. There are several disability classifications, including Temporary Partial Disability, Temporary Total Disability, Permanent Partial Disability, and Permanent Total Disability. Tennessee also offers Death Benefits to dependent survivors of a decedent who passed away as a result of a work-related injury or illness.
What should I do after getting hurt on the job?
After sustaining an injury on the job, the first thing you should do is notify your employer. Your employer should call emergency services to the scene. You should also do your best to document the incident, including the cause of your injury. If possible, ask anyone who witnessed your accident for their contact information, as they may corroborate your claim at a later date. Workers’ compensation claims are time-sensitive matters, which is why you must act immediately.
How long do I have to file a workers’ compensation claim in Tennessee?
In the state of Tennessee, you will only have 15 days from the date of your injury to notify your employer of a work-related injury. Once you do, your employer is required to report the injury within one day. If you wait any longer than 15 days to notify your employer of your injury, you will most likely be permanently barred from filing a workers’ compensation claim.
Does workers’ compensation also cover occupational diseases?
Yes. If you have developed a serious occupational disease, you should strongly consider filing a workers’ compensation claim. Our legal team can fight for either temporary or permanent workers’ compensation benefits, depending on the scope and severity of the occupational disease you’ve developed.
What is a third-party claim?
When an employer does not carry workers’ compensation insurance, or workers’ compensation benefits to not cover the entire cost of an injury, employees may file third-party claims. A third-party claim is when an employee sues a liable third party who is not their employer for financial compensation. Third-party claims often involve product designers/manufacturers, independent contractors, and property owners, to name a few common examples.
How long do I have to file a third-party claim?
The statute of limitations for third-party claims in Tennessee is, typically, one year, meaning you will only have one year to bring your claim against the liable party. The sooner you act, the better.
How can an attorney help me?
Here is how a skilled Knoxville workers’ compensation attorney at Morris & Doolan, PLLC can help you:
- Oversee all legal and insurance matters, including filing initial claims and seeking benefits extensions
- Provide answers 24/7 about the process while keeping you updated about your case
- Ensure that your claim is properly handled so you get the benefits you need as soon as possible
- Work to ensure that you get the maximum benefits possible
- Protect your rights if the insurance company or your employer fails to cooperate
- Properly and promptly file an appeal for any denied benefits
Contact Morris & Doolan, PLLC
You know you need legal help after a work-related injury. Morris & Doolan, PLLC in Knoxville, Tennessee, is a knowledgeable, skilled, and empathetic law firm that will advocate for you from the beginning until the end of your case. We are a results-focused law firm, prepared to fight for you and secure the benefits you deserve. For any further questions, or if you’d like to get started, contact us today.