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Tennessee Workers' Compensation Questions & Answers

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 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 permanent... 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 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 office and you were... 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 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 vehicles?... Read more »

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 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 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 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 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 payments.... 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 hand and road-rash from... Read more »

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 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 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 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 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 $1,000.00 to... Read more »

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 »

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 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 Contracts and Workers' Compensation for Tennessee on

Q: How will we know if the case was won or not

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 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... Read more »

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 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 bring it... Read more »

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 after a... Read 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 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:...
Read more »

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 answered on Jan 28, 2017

Probably not.

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