Workers' Compensation

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Workers-Comp2-pageWorkers’ compensation insurance is a form of insurance that provided medical benefits, temporary wages to the employee if they have been taken off work by a treating physician, and a system known as the Utilization Review and Benefit Review Conferences. The Workers’ Compensation Division is governed by the Tennessee Annotated Codes (workers’ compensation laws) and their own rules.

Between the code and the rules the State of Tennessee has set a system in place to provide for almost any type of workers’ compensation claim involving injury. Knowing the system helps us guide you successfully through this sometimes tedious process.

Hiring the right attorney to represent you in your Tennessee workers’ compensation case is a very important decision. Cody Allison & Associates has the experience you need on your side during this very difficult time. Cody Allison has been practicing law in middle Tennessee for over a decade.

In a Tennessee workers’ compensation case we only get paid if we collect money for you.

When you can’t work because of an on-the-job injury the consequences can be devastating. Often times, questions quickly arise such as:

  1. What benefits am I entitled to receive?
  2. Am I entitled to receive money now?
  3. Will my past and future medical bills be paid by my employer?
  4. How long will this process take?
  5. What if my claim has been denied?
  6. What should I do if the company wants to record me in a conversation about my case?
  7. Should I make a move before I contact a lawyer?

The Work Comp Team at Cody Allison & Associates can help answer these questions and more.

Your employer and/or their work comp insurance company have a team of people looking out for their interests, let us look out for yours. Call today at (615) 234-6000.

WHAT IS WORKERS’ COMPENSATION?

Tennessee Workers’ Compensation laws exist to provide certain benefits when the employee is injured, killed, suffers an occupational disease or is disabled as a result of work-related accidents or conditions that arise out of the employee’s job duties. The injured employee does not have to prove their injury was caused by negligence. Therefore, fault is normally not an issue in a Tennessee workers’ compensation case.

Benefits may include money payments based on the injured employee’s earnings, medical treatment and future medical treatment.  In the State of Tennessee you cannot file a claim for compensation in a court until you have exhausted the benefit review conference process provided by the Division of Wokers’ Compensation.  If both parities mutually agree to settle a claim, you do not have to exhaust the benefit review conference process, but you must submit the claim to the appropriate court for approval pursuant to section 50-6-206 (a) or section 50-6-206(c).

DO YOU HAVE A WORKERS’ COMPENSATION CASE?

Many claims are wrongfully denied each year by employers and their insurance companies.  Even when claims are accepted by the employer and their insurance company, the injured employee doesn’t always get everything they are entitled to under the law.  CALL Cody Allison & Associates (615) 234-6000 if you believe that your claim is being wrongfully denied or that you may not get the benefits that you deserve or are entitled to under the law.

Workers’ compensation insurance companies and the people handling workers’ compensation claims for employers generally are made up of a team of people looking out for their interests. They have a great deal of experience in handling claims in a way that protects their interests. Cody Allison & Associates looks out for the interests of the injured Tennessee worker. Call us today for a free case evaluation at (615) 234-6000.

Hiring THE RIGHT lawyer is essential to PROTECT YOUR RIGHTS.  We also will help ensure that you get all you are entitled to under the Tennessee Workers’ Compensation Laws. We only get paid if we get you money for your injury.

WHAT BENEFITS COULD I RECEIVE?

A. Disability Benefits

  • Weekly benefits are paid if the authorized physician finds that the employee is unable to work due to the injury.
  • Compensation begins on the eighth (8th) day of disability from work following the injury. The date of injury and the first seven (7) days following are a waiting period and no benefits are payable unless the disability lasts at least eight days. Benefits are due for each day over the seven-day waiting period until the lost time reaches fourteen (14) days; then, weekly temporary total disability benefits will be calculated beginning with the day following the injury. Temporary total disability benefits are based on 66 2/3% of the employee’s gross average weekly wage for the last 52 weeks worked prior to the injury, subject to the minimum and maximum benefits as provided by the Workers’ Compensation Law.
  • Weekly benefits for the total disability are based on 66 2/3% of the employee’s gross average weekly wage for the last 52 weeks worked prior to the injury, subject to the minimum and maximum benefits as provided by the Workers’ Compensation Law.
  • If you have problems with any part of your claim, please complete a C-40A Request for Assistance form and submit it to the Workers’ Compensation Division.

B. Medical Benefits

  • The employer is to provide, free of charge, a panel of three physicians from which the employee selects one for treatment, termed the authorized treating physician. This physician will direct all medical treatment for the employee’s workers’ compensation injury.
  • If a specialist is required, the physician may refer the employee; or, the employer may offer another panel of specialist from which to choose.
  • Medical treatment extends for as long as required by the authorized treating physician. If appropriate, this physician will provide the employee with off-work excuses and light or restricted duty limitations. It is very important that the authorized physician’s instructions and restrictions be followed at all times.

C. Permanent Disability and Final Settlement

  • When the injury has healed, the injured employee will be released from the physician’s care.
  • If the injured employee does not recover completely, the employee will reach maximum medical improvement (MMI) and the physician will assign a permanent partial disability (PPD) rating.
  • This PPD rating, combined with vocational factors, may result in a permanent disability settlement from the workers’ compensation insurance company.
  • Not all injuries result in a permanent impairment and entitle the employee to permanent partial disability benefits.

WHAT IS THE STATUTE OF LIMITATIONS IN A TENNESSEE WORKERS’ COMPENSATION CLAIM?

In a Tennessee workers’ compensation claim you must file a claim within a certain time (Statute of limitations) or the injured employee can no longer pursue their rights under the workers’ compensation laws.

Generally, the right to workers’ compensation benefits is forever barred unless a claim is filed within one (1) year after the injury occurred OR within one (1) year after the injured worker was informed his condition is permanent and related to his employment OR within one (1) year after workers’ compensation benefits are paid.