Free Tennessee Workers' Compensation FAQs | Free Tennessee Workers' Compensation Legal Documents

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

If your employer has five or more employees, including parttime and fulltime employees they should have workers` compensation coverage. Family members are included in the count if they meet the definition of employee. Subcontractors and anyone engaged in the construction industry must carry workers` compensation on their employees even if they have less than five.

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

You should immediately report any injury to you employer. Any delay in reporting the injury may prohibit you from receiving benefits. The injured employee is now required to sign the First Report. If the employee cannot sign or refuses to sign, a written explanation must be attached.

The claim must be filed with the court within one year after the accident, and the critical date is the date of the injury. This limitation begins to run at the time when the employee, by reasonable exercise of diligence and care, discovers that a work related injury has been sustained. The limitation period for repetitive stress or cumulative trauma starts on the date when the employee is no longer able to work.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

The employee should be given a choice of three physicians not associated together in practice. The list or panel of three physicians should be in or near the employee`s community of residence. The employee has the privilege of choosing one physician from the list of three. The employee is then required to accept treatment from the chosen physician and should not see any other physician unless the chosen physician makes a referral. Form C42, Choice of Physician, may be completed and kept on file with the employer.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

If the employer pays the employee less while working light duty, the employee is entitled to temporary partial disability benefits. These payments are figured at 66 2/3% of the decrease in wages, subject to the maximum and minimum workers` compensation rates in effect on the day the employee was injured.

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

The Tennessee Claims Commission is the state commission appointed to resolve disagreements over workers` compensation benefits. If your employer or their insurance carrier has denied your Workers` Compensation claim, you can contact them for more information on your rights. You can contact them at the address or number listed below.

Division of Workers` Compensation
Tennessee Department of Labor & Workforce Development
Andrew Johnson Tower, 2nd Floor
710 James Robertson Parkway
Nashville, TN 372430661
Division of Workers` Compensation at 18003322667 (within Tennessee)
or 615/7412395.

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the dependents of the deceased worker are entitled to certain benefits.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

An injured employee is not paid for the first seven days of disability. On the eighth day, the employee is eligible for one day`s benefits, on the ninth day, the employee is eligible for two days` benefits, and so on. If the employee continues to lose time from work through the fourteenth day, the sevenday waiting period will be picked up and the employee will be due benefits for all fourteen days. Do not count the date of injury.

An employee is entitled to 66 2/3% of his/her average weekly income, but not more than the maximum nor less than the minimum. The employer should submit a wage statement to the insurance carrier with gross earnings for the past fiftytwo weeks prior to the date of injury. The statement should show all earnings, including overtime. Gross earnings are totaled, then divided by 52. The result is the employee`s average weekly wage. The average weekly wage is multiplied by 66 2/3%. The result is the employee`s weekly compensation rate.

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