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Tennessee Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Tennessee on
Q: A family member was hit by a car that rammed through the wall where she was working as a waitress.

Her hip & femur both broken. She is now undergoing surgery. Her employer says she cannot collect workers compensation. I do not believe this. Is it true? This happened in Nashville. Thank you for any help

Thomas Walter Tucker
Thomas Walter Tucker
answered on Nov 10, 2017

Your family member needs to consult with an experienced Tennessee attorney who handles both workers' compensation and personal injury claims. There are too many issues to be addressed in the space allowed.

1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Q: I was in a 20ft deep whole without a respirator. Shovel dirt And was laid or fired after I mention do I have a case
Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 24, 2017

If you told your employer that you were going to report this to the appropriate authorities (whistleblowing) you may have a cause of action. See TCA 50-3-409.

50-3-409. Discrimination against employee.

(a) No person shall discharge or in any manner discriminate against any...
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1 Answer | Asked in Employment Law and Workers' Compensation for Tennessee on
Q: Wreck in company van with known brake issues couldnt stop n company fired me.

I use to work for dish network as a technican. 1 year ago the company van i was working out of had known brake issues every week i filled out a checklist saying what was wrong with my van they even at 1 time put me into another van for about a week. Because of the checklist i had marked it havin... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 23, 2017

You would have a worker's compensation claim. As to the termination, Tennessee is an employment at will state. They likely could not fire you for cause over the accident, but could potentially terminate you without cause if the cause of the accident was the defective brakes.

1 Answer | Asked in Contracts and Workers' Compensation for Tennessee on
Q: How will we know if the case was won or not
Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 9, 2017

There appears to be information missing to be able to respond to your question.

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: I hurt my back at work and have been out for over a month! Since I was reinjured on light duty the comp lady said I....

Wouldn't recieve benefits and never calls me back I don't know what to do! They also have a claims lady coming with me to every appointment can I refuse her in the exam room

Thomas Walter Tucker
Thomas Walter Tucker
answered on Oct 9, 2017

You need to contact a local workers' compensation attorney or the Ombudsman program through the Bureau of Workers' Compensation.

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: Received a settlement proposal for wc claim. It includes $1,000 extra for med benefits closure. Can I refuse that part?

Injured knee at work - required surgery. Now I have received a settlement proposal based on % "impairment rating" plus they added $1,000.00 lump sum payment in consideration of agreement to close the right to future medical treatment. Not comfortable with this. Would rather refuse the... View More

Thomas Walter Tucker
Thomas Walter Tucker
answered on Oct 9, 2017

The insurance company cannot force you to settle the future medical benefits at any time. You can advise them you will agree to the permanent partial disability benefit based on the impairment rating and you decline their offer to close your medicals. They will be responsible for reasonable and... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Q: Injured on the job in 2009 in TN, rec settlement/lifetime medical. Carrier in breech of L M. Can I sue employer ?

Former employer is self insured and violated my civil rights surrounding the injury, rights that, at the time, I did not realize that I had. I was fired shortly after returning to work. Settlement was mediated through TN Dept of Labor. My part of the settlement contract was that I agreed not to... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 21, 2017

Contact the lawyer you had. If you didn't have one, contact a member of the Tenn Assn for Justice who handles comp cases. This is not d.i.y. time.

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: Settled with wc after an injury with lifetime medical now they won't pay for my medication from the injury what do I do?

Was injured at work had several surgeries settled for alot less for lifetime medical now they keep denying to pay for my medication that I take because of the injury and have been taking the duration of my injury this never was a problem before a settlement what can I do?

Thomas Walter Tucker
Thomas Walter Tucker
answered on Oct 9, 2017

Your employer is only responsible to provide reasonable and necessary future medical benefits for a work injury. Not sure of the reason they are denying the medication. If your authorized treating physician has ordered the medication and the employer has not approved it, there are possible... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Q: I was injured at work and I have been doing physical therapy and two spinal shots. I am a little better but I know my

I know my lower back is never going to be what it was before getting hurt. I do not know how as it comes to the end of the workman's comp time to ask who or what to do about my loss without having an attorney. Will workman's comp automatically make a decision on my injury or do I need to... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 30, 2017

In a worker's compensation case the employer provides/ pays for medical treatment related to the injury. During the time a person is off work the carrier also pays temporary total disability payments. If the employer returns someone to work they do no receive temporary disability payments... View More

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: Will I get offer a settlement from workers comp?

I was burned at work with scalding water that left 2nd degree burns on forearm,chest,and small burn on left breast. The burns healed but left large scaring. I live in TN

Brian Lehman
Brian Lehman
answered on Feb 17, 2017

Settlement offers are up to the party or attorney representing the party. It's not possible to predict what that person will offer.

I would think a lawyer could be of real help here. With that said, here is A Beginner's Guide to TN Workers' Compensation:...
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1 Answer | Asked in Employment Law and Workers' Compensation for Tennessee on
Q: I was rob at gun point at work but the robbers didn't get anything from the company but they stole my car.

Is the company responsible for my stolen car and personal items.

Bennett James Wills
Bennett James Wills
answered on Jan 28, 2017

Probably not.

1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Q: Storm drain collapse trailer fell to one side. While being loaded. I injured my right tricep torn my muscle. Can i sew?

I was finishing loading a trailer it feel to one side caused my right arm to slam into trailer wall. Then across product. The trailer was parked on drain crate. Which collapsed and caused loaded trailer to fall. They are letting me work / walk around filing paper work. I'm on worker's comp.

Peter N. Munsing
Peter N. Munsing
answered on Sep 16, 2016

Depends on who owns the property where the drain is. If it's your employer, chances are no, as the whole reason they set up the Workers Compensation was less to compensate workers than to get employers off the hook.

However if you were loading/unloading product at a plant owned by some...
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1 Answer | Asked in Workers' Compensation for Tennessee on
Q: I'm a nurse and I broke my ankle at work in 2014 and I was under workmen comp and I received $20,00.00 in October

I had to have surgery(have a plate and screws in my leg)But I suffered a stroke in 2015 in February and I was dealing with headaches before my stroke(from August of 2014 until I had the stroke in 2016) and I wasn't thinking right when I signed the papers and I am still suffering with my leg, I... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 22, 2016

Unlikely--they give you settlements so they won't have to deal with future claims, but you should contact the attorney who represented you. If you had no attorney, that's why you are in this predicament. Contact a member of the Tenn. Trial Lawyers Assn who handles workers... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Q: I was denied by my employer to file a workmen comp claim. No accident, but problem was work related. Can I file?

Dr wanted me to file workman's comp so it could be denied or accepted before he treated me. He stated insurance company could sue him if this was not done and it was determined to be work related. Emailed request to my employer and was told, this was my problem not workman's comp. I took... View More

Adam Studnicki
Adam Studnicki
answered on Nov 14, 2015

A local wokers' comp lawyer can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate...
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1 Answer | Asked in Workers' Compensation for Tennessee on
Q: Can a workers comp judge deny a settlement offer even if both parties agree?
Jim Higgins
PREMIUM
Jim Higgins
answered on Sep 19, 2012

Yes. Ultimately it is up to the judge to make sure the settlement gives the employee all the benefits they would be entitled to under the workers compensation act. If the judge does not believe it is fair he or she can deny it.

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: My husband had carpal tunnel surgery and his wc case was closed with 0% impairment/both hands. We don't agree. What now?
Jim Higgins
PREMIUM
Jim Higgins
answered on Sep 19, 2012

You have a couple of options. You can hire another doctor to give a second opinion as to impairment or if the doctor gave him any restrictions you can request a second opinion through the department of labor. If you need to hire another doctor I would contact a lawyer with work comp experience as... View More

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: I quit my job but have issues with a W/C claim. Can I still make them treat my problem?

I was being forced to drive over the legal limit. So I quit as it was clear it was not going to stop. I have a work comp injury claim that I was released to go back to work with no restrictions. We never signed a release of any kind stating I had no injury. I still have nerve injury that causes... View More

Jim Higgins
PREMIUM
Jim Higgins
answered on Sep 19, 2012

You have one year to pursue the claim. If a year hasn't passed they should provide treatment. However, the longer it has been since your last visit to the doctor the more difficult it will be to obtain care. You may want to contact the TN dept of labor, workers compensation division.

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: Can a final judgement have any reconsideration to the fact that i wasnt properly repsented my my attorney?
Terrence Rubino
Terrence Rubino
answered on Aug 3, 2011

probably yes. most judgments can be appealed. you need to have a tenn. lawyer do that. the time to appeal is usually short (indiana is 30 days). you need to act quickly. good luck.

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: Whats is success rate of request for assistance in TN worker's comp?
Christopher Gilreath
Christopher Gilreath
answered on Jul 6, 2011

The real answer to this question depends on the nature of the case. it is not the most efficient way of handling matters, but under present law, it is the system we have to work with. My experience is that Department of Labor specialists generally work hard to try and help when they can.... View More

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: I am stuck with workmans comp. due to being hit head-on. They have systematically cut almost all of my Meds off after

They hired a cost cutting company. We settled if you wish to call it that, and they are responsible for medical. What recourse do I have

Christopher Gilreath
Christopher Gilreath
answered on Jul 6, 2011

If the question is how to enforce future medical treatment after a settlement, the answer is first to make the request of the insurance company or employer in your case before seeking treatment. If they will not agree to approve the treatment, the next step is to file a request for assistance with... View More

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