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 »
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 »
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 »
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 »
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 »
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?
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 »
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 »
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 »
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 »
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 »
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
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.
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 »
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.
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?
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 »
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 »
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 »
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 »
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... Read more »
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...Read more »
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