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 »
I was finishing loading a trailer it feel to one side caused my right arm to slam into trailer wall. Then across product. The trailer was parked on drain crate. Which collapsed and caused loaded trailer to fall. They are letting me work / walk around filing paper work. I'm on worker's comp.
Depends on who owns the property where the drain is. If it's your employer, chances are no, as the whole reason they set up the Workers Compensation was less to compensate workers than to get employers off the hook.
However if you were loading/unloading product at a plant owned by some...Read more »
I had to have surgery(have a plate and screws in my leg)But I suffered a stroke in 2015 in February and I was dealing with headaches before my stroke(from August of 2014 until I had the stroke in 2016) and I wasn't thinking right when I signed the papers and I am still suffering with my leg, I... Read more »
Unlikely--they give you settlements so they won't have to deal with future claims, but you should contact the attorney who represented you. If you had no attorney, that's why you are in this predicament. Contact a member of the Tenn. Trial Lawyers Assn who handles workers...Read more »
Dr wanted me to file workman's comp so it could be denied or accepted before he treated me. He stated insurance company could sue him if this was not done and it was determined to be work related. Emailed request to my employer and was told, this was my problem not workman's comp. I took... Read more »
A local wokers' comp lawyer can review and advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate...Read more »
I was being forced to drive over the legal limit. So I quit as it was clear it was not going to stop. I have a work comp injury claim that I was released to go back to work with no restrictions. We never signed a release of any kind stating I had no injury. I still have nerve injury that causes... Read more »
You have one year to pursue the claim. If a year hasn't passed they should provide treatment. However, the longer it has been since your last visit to the doctor the more difficult it will be to obtain care. You may want to contact the TN dept of labor, workers compensation division.
You have a couple of options. You can hire another doctor to give a second opinion as to impairment or if the doctor gave him any restrictions you can request a second opinion through the department of labor. If you need to hire another doctor I would contact a lawyer with work comp experience as...Read more »
Yes. Ultimately it is up to the judge to make sure the settlement gives the employee all the benefits they would be entitled to under the workers compensation act. If the judge does not believe it is fair he or she can deny it.
If the question is how to enforce future medical treatment after a settlement, the answer is first to make the request of the insurance company or employer in your case before seeking treatment. If they will not agree to approve the treatment, the next step is to file a request for assistance with...Read more »
The real answer to this question depends on the nature of the case. it is not the most efficient way of handling matters, but under present law, it is the system we have to work with. My experience is that Department of Labor specialists generally work hard to try and help when they can....Read more »
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