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Tennessee Workers' Compensation Questions & Answers
Q: How to resolve property fraud and breach of contract in TN if indigent?

I purchased property in Tennessee in 2022 using a warranty deed, which includes a parcel and pieces of multiple parcels described with measurements. This was recorded at that time. In 2024, I agreed to a loan with the seller (who owns the adjoining 15 acres) using 2 acres near my property as... View More

Anthony M. Avery
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answered on Apr 12, 2025

An affidavit cannot convey title to property. You may have no legal remedy, especially with that life estate out there. If you cannot afford to hire an attorney to sue for quiet title against the remainderman, then forget about it. At the least you need to do a title search of all the subject... View More

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2 Answers | Asked in Gov & Administrative Law, Personal Injury and Workers' Compensation for Tennessee on
Q: Concerns over management of life insurance benefits for minor children.

I am concerned about the management of my late son's life insurance policy benefits. He worked for the federal Department of Defense and did not designate a beneficiary, so the primary beneficiaries are his minor children. His mother was supposed to establish a Thrift Savings Plan to hold the... View More

Anthony M. Avery
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answered on Apr 3, 2025

I doubt you have any legal standing here. And there are probably no causes of actions available. If a crime occurred, the SOL has run for both State and Federal, and that was probably what should have been looked into. If the Policy has already been paid out, then there are not any "next... View More

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1 Answer | Asked in Employment Law, Workers' Compensation and Personal Injury for Tennessee on
Q: Can I file a negligence lawsuit after pursuing workers' compensation for TCE exposure?

I have health issues caused by exposure to TCE due to my workplace environment. A previous lawsuit by county and landowners against the company was successful regarding the same issue. I have not settled my workers' compensation claim, and there is documented evidence of the company's... View More

James L. Arrasmith
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answered on Apr 13, 2025

In most cases, workers’ compensation is the exclusive remedy for workplace injuries. This means that once you pursue a workers’ compensation claim, you generally cannot file a separate negligence lawsuit against your employer for the same injury. Workers’ compensation laws are designed to... View More

2 Answers | Asked in Workers' Compensation, Civil Litigation and Personal Injury for Tennessee on
Q: Can negligence be sued after workers' compensation claim for factory TCE exposure in Tennessee?

In Mississippi, can someone file a workers' compensation lawsuit against a company due to exposure to TCE in a factory and then, after about a year, file another lawsuit against the same company for negligence related to this exposure? There is documentation of the exposure 40 years ago,... View More

Anthony M. Avery
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answered on Apr 14, 2025

Worker's Compensation will not lie for an employee injury at the job 40 years ago. SOL is long gone.

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1 Answer | Asked in Workers' Compensation and Personal Injury for Tennessee on
Q: Can a person file two lawsuits (workers' comp and negligence) against the same company in Tennessee?

In Tennessee, after pursuing a workers' compensation claim due to health issues from the wrongful use of TCE over 30 years, can a person file a second lawsuit against the same company for negligence once the compensation claim is settled?

James L. Arrasmith
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answered on Apr 13, 2025

In Tennessee, workers’ compensation is usually the exclusive remedy for workplace injuries, meaning employees are generally not allowed to file a separate negligence lawsuit against their employer for the same incident. The idea behind the workers’ compensation system is to provide guaranteed... View More

Q: Discrimination and retaliation at mail carrier job in TN

I have been experiencing discrimination and retaliation at my job as a package loader in a mail carrier company for over a year because of previous EEOC complaints and a workers' compensation claim I filed. Even though I was cleared by the company's doctor, my employer continues to take... View More

James L. Arrasmith
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answered on Apr 11, 2025

I’m really sorry you’re going through this—being treated unfairly at work, especially after standing up for yourself, can feel exhausting and isolating. If you’re facing retaliation because of past EEOC complaints or a workers’ compensation claim, that may be a violation of both federal... View More

2 Answers | Asked in Employment Law, Workers' Compensation and Personal Injury for Tennessee on
Q: Can workers' comp be denied due to pregnancy despite job-related injury?

Can my employer deny my workers' compensation claim because of my pregnancy, especially when I've suffered a ligament strain and pain due to poor ergonomics in my physically demanding job, and they've also denied me permission to see a doctor?

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Apr 5, 2025

The company may try to deny it. You can get a workers' comp attorney, and you won't pay anything unless they win.

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1 Answer | Asked in Workers' Compensation for Tennessee on
Q: Does workmans comp generally pay for loss of property

I haven't gotten a single dime from workmans comp and I've since lost my vehicles

Anthony M. Avery
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answered on Dec 30, 2024

No...Usually only medical care is given.

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: How do I sign a class action lawsuit? I’m not sure how to access it.
Tim Akpinar
Tim Akpinar
answered on Sep 17, 2024

It would be best if a Tennessee attorney answered your question, but you await a response for almost three weeks. Until you are able to consult with a local attorney, as a GENERAL MATTER, class action lawsuits do not always require signing on. It isn't clear if you're talking about a... View More

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: KY workers comp insurance is supposed to be responsible for my back problems until my death. They closed my claim

They closed my claim and I'm needing emergency back surgery. My Dr also faxed the insurance what he ordered for me but they said when they received the fax they would review it. What can I do?

Anthony M. Avery
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answered on Feb 7, 2024

Whatever State where the work injury occurred is where your lawyer must file suit for contempt and breach of contract. You will need a WC attorney. This happens alot and you should have known that at some time you would have to sue to enforce the medical treatments for life.

1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Q: My granddaughter is a dental assistant. She got bit and her hair pulled by a child. After the mom said he got violent.

Afterwards he was trying to bite the mom and pull her hair. She said he got violent alot. My granddaughter had to get a tetanus shot and antibiotics. Would it be worth it to file a lawsuit?

Tim Akpinar
Tim Akpinar
answered on Jun 17, 2023

A Tennessee attorney could advise best, but your question remains open for two weeks. In terms of medical bills and any lost wages stemming from the accident, that would usually be handled as a workers' comp case. In terms of a personal injury action related to the bite, she could reach out to... View More

1 Answer | Asked in Employment Law, Workers' Compensation, Civil Litigation and Libel & Slander for Tennessee on
Q: Do I have a case if a job terminated me for any reason at all do I have a case if my job
Anthony M. Avery
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answered on Mar 17, 2023

Tennessee is a terminable at will State, so any reason or no reason is sufficient.

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... View 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... View 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... View 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... View 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... View 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... View 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?... View 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... View 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... View 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... View 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... View More

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