The Tennessee Department of Labor and Workforce Development administers the Tennessee workers’ compensation program for injured workers. Merritt Webb does not currently handle workers’ compensation cases in Tennessee, but we are providing this information for your reference. We would be happy to refer you to a Tennessee workers’ compensation attorney.
Under the Tennessee workers’ compensation statutes, you have the right to file a claim if you are injured on the job. There are very specific deadlines for filing claims and bringing actions against employers if a claim is denied. Failure of the employee to adhere to and follow these rules can result in the employee losing his right to recover for his work-related injury. If the employee is denied benefits, he will lose his right to workers’ compensation if he does not request a benefit review conference within one year of the accident causing his injury or one year of the last date of payment of compensation for his injury. If the benefit review conference does not resolve all issues, the parties have 90 days to file a Complaint in the courts.
In Tennessee, if your employer does not receive written notice of your injury within 30 days, you may not be entitled to compensation. Your employer may also give you a claim form to fill out. It will require detailed information about your injury and how and when it occurred. Fill out the form carefully and completely and return it to your employer. Make sure you get a copy of the form back from your employer with your employer or his representative’s signature on it. Your employer is required by law to notify the Tennessee Department of Labor and Workforce Development of your injury within one day. Your employer must advise you of its refusal to provide compensation for your injury or must begin payments for your injury within 15 days of notification of the injury.
Make sure that you report your injury, fill out and return the form and file your claim with the WCC quickly because there are very short time limits within which these things must be done. If you fail to do any of these things within the time limits prescribed by the Tennessee Workers’ Compensation statute, you may be denied benefits.
In Tennessee, if the injury causes temporary total disability, the employee may be entitled to receive 2/3 of his average weekly wage for the previous 52 weeks. If the employee has not been working for the previous 52 weeks, the earnings of an employee similarly situated will be used. If an injured employee is able to return to work but at a reduced rate and hours, the employee may be entitled to receive 2/3 of the difference between wages earned before the accident and wages the employee is capable of earning after the accident. The employee can begin receiving these payments seven days after his injury and if the injury continues for more than fourteen days, the employee will receive benefits for the first seven days. If the employee’s injury causes permanent partial disability, he is entitled to receive 2/3 of his average weekly wage for period of time set forth in the statutes in addition to any payments the employee receives for his temporary total disability. If the employee’s injury causes permanent total disability, he is entitled to receive 2/3 of his average weekly wage until he has reached the age where he is eligible for full benefits in the Old Age Insurance Benefit Program under the Social Security Act. If he is over the age of 60 when his injury occurs, he will receive compensation for a period of 260 weeks but his compensation will be reduced by the amount of any old age insurance benefits received. If the employee dies as a result of a work-related injury, his employer must pay burial expenses up to $7,500 and the employee’s dependents will receive death benefits.
If you need our help with a workers’ compensation claim, please call us at 1.800.556.8404 for a referral.