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Tennessee Workers' Compensation Questions & Answers
2 Answers
| Asked
in
Real Estate Law, Civil Litigation, Workers' Compensation, Nursing Home Abuse and Personal Injury
for
Tennessee
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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 
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Anthony M. Avery
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answered on Apr 12, 2025
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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
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
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Anthony M. Avery
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answered on Apr 3, 2025
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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
1 Answer
| Asked
in
Insurance Bad Faith, Workers' Compensation, Employment Law and Personal Injury
for
Tennessee
on
Q: Is my insurance company correct denying STD benefits for work-related incident?
I was on approved FMLA leave from May 19, 2025, to August 11, 2025. My disability insurance company informed me that my FMLA entitlement expired on August 1, 2025. On September 11, 2025, I received a letter from the insurer stating that my Short-Term Disability (STD) benefits, which my employer... View More
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James L. Arrasmith
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answered on Oct 16, 2025
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answered on Oct 16, 2025
You are dealing with two different systems: FMLA and your Short-Term Disability plan. FMLA only protects your job for up to 12 weeks; it does not determine whether STD pays benefits. Whether STD must pay turns on the actual plan document; many STD policies pay only for non-occupational disabilities... View More
Q: Can I sue for a knee sprain caused by a rushed truck departure at work?
I sustained a knee sprain injury at work when a trailer truck moved unexpectedly while the lock was still engaged. The incident occurred because shift leads rushed the truck driver, instructing him to take the truck while the indicator lights were still red and without confirming readiness.... View More
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Anthony M. Avery
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answered on Oct 4, 2025
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answered on Oct 4, 2025
Your worker's compensation carrier will be subrogated to pursue damages against any third party tortfeasors. Talk to the worker's compensation agent or lawyer.
1 Answer
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in
Criminal Law, Employment Law, Workers' Compensation and Personal Injury
for
Tennessee
on
Q: Dismissal from community corrections program despite compliance.
I have to turn myself in because I was dismissed from my community corrections program, even though I haven't failed a drug test or caught a new charge. My original sentence was 8 years for vehicular assault due to drug use. I've been clean for over a year, working, and phasing up my... View More
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James L. Arrasmith
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answered on Sep 2, 2025
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answered on Sep 2, 2025
Being dismissed from community corrections when you’ve been staying clean and following the rules is understandably upsetting. When you turn yourself in, the court will review your situation and decide whether you should continue serving your sentence in custody or be given another chance in... View More
2 Answers
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in
Employment Discrimination, Employment Law, Workers' Compensation and Personal Injury
for
Tennessee
on
Q: Should I attend a legal meeting with my employer's attorney about deficiencies in my lawsuit?
I filed a lawsuit against my employer for discrimination and wrongful termination. Their attorney has requested a meeting to discuss deficiencies in my complaint. The issues raised include my ADA claim potentially being preempted by the Tennessee Workers' Compensation Act, my FMLA claim being... View More
Q: How to file a workers' compensation claim in TN for stress-related issues after coworker harassment?
On July 5, 2025, I was involved in an unprovoked incident with a coworker who became extremely aggressive, yelling and cussing at me. He made several discriminatory remarks, threatening statements, and harassed me about my disability, which is from a workplace injury. I reported the incident to my... View More
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James L. Arrasmith
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answered on Jul 19, 2025
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answered on Jul 19, 2025
You’ve been through a deeply upsetting situation, and it’s completely valid to want protection and support after something like this. In Tennessee, the first step to filing a workers' compensation claim is to report your injury or illness to your employer in writing, even if you've... View More
Q: Workers' comp bills unpaid, now in collections. What to do?
Since my workers' compensation claim started on May 21, 2025, I have begun receiving medical bills in June 2025 that are now in collections. Despite contacting the workers' compensation insurance, my bills remain unpaid. The insurance isn't disputing or denying any specific... View More
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James L. Arrasmith
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answered on Jul 19, 2025
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answered on Jul 19, 2025
First, follow up in writing with the claims administrator and your doctor’s office to confirm they submitted bills and reports correctly. Keep copies of everything you send and receive.
Next, if the insurer still refuses to pay, you can file a petition for benefits (often called a Form... View More
Q: I need help on this I cannot find a lawyer to help me i have a expedited hearing next month
I was injured on May 31, 2024, after falling at work and landing on the left side of my body, including my head, arm, and leg. Since then, I’ve had persistent neurological symptoms, including left arm weakness, loss of coordination, and pain. Despite these ongoing problems, I was released at MMI... View More
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James L. Arrasmith
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answered on Jun 12, 2025
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answered on Jun 12, 2025
You’ve been through a lot, and it’s incredibly unfair to be in this position without proper legal support—especially with an expedited hearing coming up. From what you’ve described, there’s a clear disconnect between your ongoing symptoms and the 0% impairment rating you were given.... View More
1 Answer
| Asked
in
Civil Rights, Employment Law, Workers' Compensation and Personal Injury
for
Tennessee
on
Q: Can I seek compensation for lack of support after a critical incident while serving as a police officer in TN?
I am a police officer employed by the same department where I experienced a critical incident on 12/26/2012, during which I was held at gunpoint while responding to a bank robbery. Despite the severity of the incident, I was instructed to report to work the following day without any offer of... View More
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James L. Arrasmith
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answered on Jun 12, 2025
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answered on Jun 12, 2025
What you’ve experienced is deeply painful, and it’s completely understandable that the lack of support after such a traumatic incident still weighs heavily on you. Being held at gunpoint is life-altering, and the absence of any psychological care or debriefing—especially when your department... View More
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
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James L. Arrasmith
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answered on Apr 13, 2025
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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
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
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Anthony M. Avery
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answered on Apr 14, 2025
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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.
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?
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James L. Arrasmith
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answered on Apr 13, 2025
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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
1 Answer
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Employment Discrimination, Employment Law, Workers' Compensation and Personal Injury
for
Tennessee
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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
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James L. Arrasmith
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answered on Apr 11, 2025
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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
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?
Kent Thomas Jones
answered on Apr 5, 2025
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.
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
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Anthony M. Avery
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answered on Dec 30, 2024
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answered on Dec 30, 2024
No...Usually only medical care is given.
Q: How do I sign a class action lawsuit? I’m not sure how to access it.
Tim Akpinar
answered on Sep 17, 2024
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
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?
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Anthony M. Avery
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answered on Feb 7, 2024
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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.
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
answered on Jun 17, 2023
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
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in
Employment Law, Workers' Compensation, Civil Litigation and Libel & Slander
for
Tennessee
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Q: Do I have a case if a job terminated me for any reason at all do I have a case if my job
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Anthony M. Avery
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answered on Mar 17, 2023
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answered on Mar 17, 2023
Tennessee is a terminable at will State, so any reason or no reason is sufficient.
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