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Tennessee Workers' Compensation Questions & Answers
1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for Tennessee on
Q: Does a nurse practitioner,making decisions and giving MMI papers to a patient constitute negligence?

Had ACL,MCL,LCL,and level 4 break tibiial plateau surgery in February. Had knee infection surgery again in March, and again around the end of June. On July 27th,nurse practitioner gave me this paper saying I'd reached medical maximum improvement. I've been told only doctors can make that... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 8, 2021

A Tennessee attorney could advise best here, but your post remains open for two weeks. Additionally, your chosen categories cover different casualty areas, where state statutes might not necessarily overlap between personal injury and workers' comp regulations. Until you are able to discuss... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Tennessee on
Q: do I have a lawsuit?

my company has allowed an employee for years to be a tyrant among other employees without reprimanding her. Company policy states its zero tolerance to violence. With management taking the necessary steps they suppose to take I fell victim to this war path. she physically attacked and as result... Read more »

Jonathan William Doolan
Jonathan William Doolan answered on Jun 7, 2021

You have several claims, depending on the size of your employer, where the assault occurred, and the circumstances for your not being able to work. I would strongly suggest that you contact an attorney who handles workers' compensation and employment law cases. Generally they offer free... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Workers' Compensation and Legal Malpractice for Tennessee on
Q: A Third Party Administrator gave portions of my medical record to their outside legal counsel for Arbitration.

I don't remember signing anything to the Third Party Administrator to share my Work Comp provider's medical record (for me) with their outside attorney. I stopped the arbitration process. It wasn't working. This attorney is an outside attorney only. Now the the... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 9, 2021

A Tennessee attorney could advise best, but your post remains open for three weeks. In terms of GENERAL insurance doctrine, regardless of the type of insurance, carriers or their TPAs can delegate defense matters to counsel of their choosing, inhouse or outside. But that is only a general insurance... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Tennessee on
Q: How do I figure the Workmen's Comp Settlement Offer for Tennessee?

I work for a County that does their own Worker's Comp. I hurt my shoulder earlier this year, had surgery, etc. Was called today with a settlement offer based on a 3% impairment rating. Is there a way for me to calculate this for myself to give me peace of mind that I am getting a fair deal?... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 8, 2020

I anticipate the min/max charts on the tn.gov website are probably about the best thing you can find available online that is free. You could consult with a local TN Worker's Comp attorney and ask about it. Some attorneys offer free or inexpensive initial consultations. Good luck.

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: If worker’s compensation denied my claim and offered a settlement. Can I also get short term disability? double dipping?
Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 23, 2020

If Worker's Comp denied the claim on the basis that the injury didn't occur in the course and scope of employment and therefore was not a covered claim but then offered to settle - then you might be able to claim disability. The settlement should confirm that the Comp carrier / employer... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Q: Can I get a workers comp settlement if I fell off ladder at work in tn?
Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 20, 2019

Probably. Ask your employer if they have worker's compensation coverage. Make sure the employer has notice of the injury. If the employer doesn't - and they are a contractor- you will likely need to talk to an attorney as contractor's are generally required to carry worker's... Read more »

1 Answer | Asked in Car Accidents and Workers' Compensation for Tennessee on
Q: In the state of Tennessee if I sue workers comp do I have to pay the money back and can I still get paid for lost wages,

Can I still get paid for lost wages,pain,and suffering from my job.

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 26, 2018

A worker's compensation claim recover is based upon a percentage of permanent medical implairment multiplied by a statutory amount - this is called permanent partial or total disability. One can also recover temporary disability while out from work until either a return to work date or... Read more »

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: Can I receive workers' compensation benefits, even if my injury did not occur in my office?
Thomas Walter Tucker
Thomas Walter Tucker answered on Apr 20, 2018

The answer is maybe. Generally, in order to have a "compensable" work injury in Tennessee, the injury must "arising primarily out of and in the course and scope of employment, and is identifiable by time and place of occurrence." If your work required you to be out of the... Read more »

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: Injured while driving to a doctors appointment for the company I work for. They denied workers comp. Are they liable?

I was on the clock at work and sent to the doctor's appointment while on the clock

Don Himmelberg
Don Himmelberg answered on Mar 22, 2018

They could be. Workers compensation questions are usually complicated, and the laws governing them can be even more so. Consider contacting an attorney who can help guide you through this process

1 Answer | Asked in Workers' Compensation, Car Accidents and Insurance Defense for Tennessee on
Q: I was involved In a no fault car accident in a company car on my way from a job. Can I sue my employers car insurance

I was involved In a no fault car accident in a company car on my way from a job. The driver who hit me doesn't have insurance. I dont have uninsured motorist insurance. I know Workers comp prevents me from suing my employer. But what about the Insurance company they have for the fleet of... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 11, 2018

Contact a member of the Tenn Assn for Justice in the county where the wreck happened. They give free consults. If the company car had uninsured motorist that may do it.

1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Q: What is the typical settlement on bodily injuries if workman comp insurance company wants to settle instead of covering?

The original settlement was in 2011 stating medical injuries covered for life. Now that I need medical attention for those injuries the Insurance company can't find a physician that will take me as patient so they asked me for medical settlement. What should I do?

Mr. James Charles Wright
Mr. James Charles Wright answered on Feb 2, 2018

Can you find a Doctor? It would be hard to value without understanding your injury and need for treatment.

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: I receive future payments every 5 years until reach the age of 65. Can I get that all at once to purchase a home?
Mary Elizabeth Henderson
Mary Elizabeth Henderson answered on Jan 8, 2018

In order to respond appropriate it would be necessary for an attorney to review your settlement agreement. Generally speaking, the insurance company may being willing to offer you a lump sum payment but note it will more likely be for a lessor sum than the 5 years of payments equal out to. Also,... Read more »

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: Workers cop asking me to come up with some # to settle my case plus an amount to add because they will ask me to resign

How much do I ask for and I also have long term short term disability I have to budging disc in my back

Marjorie A Bristol
Marjorie A Bristol answered on Jan 2, 2018

You need to consult a lawyer who can look at all of the facts and help you negotiate a settlement.

2 Answers | Asked in Personal Injury and Workers' Compensation for Tennessee on
Q: Working offsite and fell and broke arm .The location offered to pay for everything but WC did because I was at work.

Can I file a workers comp claim and file a separate personal injury claim against the location company. I broke Radial Head and 1 other bone in elbow so I have 60% mobility in right arm I am right handed. Back at work under restrictions of 1 pound or less. Still under doctors care. The... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 7, 2017

Worker's compensation is the exclusive remedy for claims against your employer. If your injury happened on a construction site- the general contractor is protected as well- you would be entitled to worker's compensation benefits only- medical benefits, temporary and permanent disability... Read more »

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1 Answer | Asked in Personal Injury, Traffic Tickets, Workers' Compensation and Car Accidents for Tennessee on
Q: My license was revoked due to an insurance claim. I wasn't informed of a court date for it or anything.

This is also a worker's comp case. Shouldn't my previous employer's insurance cover it since the accident happened in a work vehicle? Also, I don't recall ever giving a police statement and I never received a copy of the accident report. Also, I had some open fractures to my... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 19, 2017

I agree with you based upon the facts you have given. After an accident you have to submit a proof of financial responsibility form with the state indicating you had coverage. I am hoping this is as simple as submitting proof to the state. But you have several issues going on. You may have a... Read more »

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...
Read more »

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... Read 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 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... Read more »

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... Read 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... Read more »

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