Five Things Every Person Should Know About Workers' Compensation Laws in Tennessee

1. Is it necessary to have an attorney to assist you with a Tennessee workers' compensation claim?

No. It is not necessary to have an attorney to represent you regarding a workers' compensation injury claim. If the employer is honoring your claim as workers' compensation you should:

a). Pay nothing out of pocket for medical expenses;
b). Receive 66.66% of you average weekly wages every week you are temporarily totally disabled commencing with the eighth day you have not worked. The amount you are owed is determined by the 52 weeks earning history prior to your date of injury;
c). Receive an amount to compensate you for any permanent condition the injury caused due to the loss of future ability to earn an income. The amount you may be owed is usually negotiable by you or your attorney. In the event your claim is one for which you are owed some money you must do one of two things regardless of whether you have an attorney representing your interests:

1). Appear before a judge for an approval of the amount of settlement; or
2). Appear before a representative from the Tennessee Department of Labor to approve of the amount of settlement.

2. Can my Employer fire me for presenting a workers' compensation claim?

No. Your employer cannot legally terminate you as retaliation for presenting a claim for workers' compensation. It is our opinion that an employer who terminates an employee because that employee presents a workers' compensation claim commits a civil wrong that may create an additional claim called a "tort."

3. Is there a time limit for me to seek workers' compensation benefits?

Yes. The law in Tennessee requires an employee to provide notice of a workplace injury to their employer within 30 days of its occurrence in order for it to be honored as a claim for workers' compensation. Generally you must thereafter file suit within one year of the date the injury occurred.

4. Will I have the right to future medical benefits caused by my injury?

Yes. If your injury is severe enough to cause permanent injury and unless you agree at the time of settlement to sell away this right, your right to future medical treatment will remain open. This principle is true even though you may not work for the same employer in the future and it is exclusive of any health insurance you may have.

5. Does it cost me anything out of pocket to hire an attorney?

No. At Griffith & Roberts we will represent you beginning with an absolutely free consultation and the written guarantee that we will not charge any fee if we are unable to recover any money for you. We will also advance the costs of any medical records or other reasonable case expenses needed to prepare your case. Just because you hire an attorney does not necessarily mean a lawsuit will be filed or that you must go to trial.