Mr. James Charles Wright's answer 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 disability is assigned. Medical bills are covered so long as you go to an approved doctor. Pain and suffering is not a recoverable element of damages.
Thomas Walter Tucker's answer 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 injured, you could have a work injury. You should contact an experienced workers' compensation attorney to discuss the specifics of your claim.
Don Himmelberg's answer 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
Mary Elizabeth Henderson's answer 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, note, if an agreement is reached a workers' compensation judge would have to approve the agreement.
Mr. James Charles Wright's answer 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. Other sub contractors on the job and the owner are not protected from tort liability (a personal injury claim) and you could bring a personal injury action against a third party such as a...
Mr. James Charles Wright's answer 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 third party claim against the person that hit you. You may have a workers compensation claim.
Thomas Walter Tucker's answer 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.
Mr. James Charles Wright's answer 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 employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such...
Mr. James Charles Wright's answer 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.
Thomas Walter Tucker's answer 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 appeals to the denial. Would need additional information.
Thomas Walter Tucker's answer 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 necessary medical treatment for this injury for your lifetime pursuant to the Tennessee Workers' Compensation Act. They will not necessarily be responsible for future treatment involving another...
Mr. James Charles Wright's answer 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 return to work. If a Doctor assigns a disability a worker is entitled to permanent partial or permanent total disability for the injury. This is a multiplier based off of the average weekly wage....
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