Tennessee Workers' Compensation Questions & Answers

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,

1 Answer | Asked in Car Accidents and Workers' Compensation for Tennessee on
Answered on Nov 26, 2018
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.

Q: Can I receive workers' compensation benefits, even if my injury did not occur in my office?

1 Answer | Asked in Workers' Compensation for Tennessee on
Answered on Apr 20, 2018
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.

Q: Injured while driving to a doctors appointment for the company I work for. They denied workers comp. Are they liable?

1 Answer | Asked in Workers' Compensation for Tennessee on
Answered on Mar 22, 2018
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

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

1 Answer | Asked in Workers' Compensation, Car Accidents and Insurance Defense for Tennessee on
Answered on Feb 11, 2018
Peter N. Munsing's answer
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.

Q: What is the typical settlement on bodily injuries if workman comp insurance company wants to settle instead of covering?

1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Answered on Feb 2, 2018
Mr. James Charles Wright's answer
Can you find a Doctor? It would be hard to value without understanding your injury and need for treatment.

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?

1 Answer | Asked in Workers' Compensation for Tennessee on
Answered on Jan 8, 2018
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.

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

1 Answer | Asked in Workers' Compensation for Tennessee on
Answered on Jan 2, 2018
Marjorie A Bristol's answer
You need to consult a lawyer who can look at all of the facts and help you negotiate a settlement.

Q: Working offsite and fell and broke arm .The location offered to pay for everything but WC did because I was at work.

2 Answers | Asked in Personal Injury and Workers' Compensation for Tennessee on
Answered on Dec 7, 2017
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...

Q: My license was revoked due to an insurance claim. I wasn't informed of a court date for it or anything.

1 Answer | Asked in Personal Injury, Traffic Tickets, Workers' Compensation and Car Accidents for Tennessee on
Answered on Nov 19, 2017
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.

Q: A family member was hit by a car that rammed through the wall where she was working as a waitress.

1 Answer | Asked in Workers' Compensation for Tennessee on
Answered on Nov 10, 2017
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.

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

1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Answered on Oct 24, 2017
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...

Q: Wreck in company van with known brake issues couldnt stop n company fired me.

1 Answer | Asked in Employment Law and Workers' Compensation for Tennessee on
Answered on Oct 23, 2017
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.

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?

1 Answer | Asked in Workers' Compensation for Tennessee on
Answered on Oct 9, 2017
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.

Q: Received a settlement proposal for wc claim. It includes $1,000 extra for med benefits closure. Can I refuse that part?

1 Answer | Asked in Workers' Compensation for Tennessee on
Answered on Oct 9, 2017
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...

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....

1 Answer | Asked in Workers' Compensation for Tennessee on
Answered on Oct 9, 2017
Thomas Walter Tucker's answer
You need to contact a local workers' compensation attorney or the Ombudsman program through the Bureau of Workers' Compensation.

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

1 Answer | Asked in Contracts and Workers' Compensation for Tennessee on
Answered on Oct 9, 2017
Mr. James Charles Wright's answer
There appears to be information missing to be able to respond to your question.

Q: Injured on the job in 2009 in TN, rec settlement/lifetime medical. Carrier in breech of L M. Can I sue employer ?

1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Answered on Jul 21, 2017
Peter N. Munsing's answer
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.

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

1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Answered on Jun 30, 2017
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....

Q: Will I get offer a settlement from workers comp?

1 Answer | Asked in Workers' Compensation for Tennessee on
Answered on Feb 17, 2017
Brian Lehman's answer
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:

https://www.tn.gov/workforce/topic/wc-brochure

and a link to the State's information on the topic: https://www.tn.gov/workforce/section/injuries-at-work

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