Is There a Time Limit for Reporting a Work-Related Injury?
If you were injured at work, you should promptly notify your employer. In Tennessee, you need to report your work-related injury to your supervisor within 15 days of the accident (or the date when a doctor first tells you that your injury is work-related) so that the proper forms and paperwork can be completed. This revision to a previous law which gave employees 30 days went into effect on July 1, 2016.
What is a Compensable Injury?
In Tennessee, a compensable injury under workers’ compensation law is one that arises “primarily out of and in the course and scope of employment, that causes death, disablement, or the need for medical treatment of the employee” (T.C.A. § 50-6-102(14)).
What if I was Injured Over a Period of Time?
A compensable gradual injury is the result of continual exposure to the conditions of employment, and there is no requirement that your injury be traceable to a definite moment in time or triggering event in order to be compensable (Wyatt v. Mueller Co.).
How Do I Know if I’m Getting the Compensation I Deserve?
The workers’ compensation rules can seem overwhelming, which is why it is often a good idea to enlist the help of an experienced attorney to help make sure you get the compensation you are owed.
If you have been injured at work, put The Lawyers of Brown & Roberto to work for you today. Give us a call at 865-691-2777 or contact us through our website at WWW.BROWNANDROBERTO.COM to set up a free consultation.
Should I hire an attorney for my Workers’ Compensation claim?
Some injured workers decide to go it alone on their Workers’ Compensation claim for various reasons. Some do so because they are worried about paying an attorney or owing money in the end. Workers with this mindset do not realize that their attorney gets paid out of what it recovered for the worker. This payment is capped at a low 20% fee plus expenses. This payment method gives the attorney every incentive to get the worker as much money as possible.
Some injured workers may think they will come out with more money in the end if they avoid hiring an attorney. This is an especially risky bet to make if the case is in front of a judge. In Admir Hadzic Employer v. Averitt Express, the injured employee sought his temporary pay, known as Temporary Total Disability, from his employer. He filed a Request for An Expedited Hearing in front of the judge. He was not represented by an attorney. The injured employee failed to file his affidavit with the request. His claim was ultimately dismissed on this technicality. This is just one example of the many nuances that most injured workers will not know about.
It is important for injured workers to hire an attorney early in their claim. Some problems are very difficult to fix on the back end. Injured workers often pick a workers’ compensation doctor that they later regret. The injured worker will not know as much about the tendencies of the physicians as a lawyer that takes a lot of workers’ compensation cases. However, once that worker picks a doctor without legal advice, it is very hard to undo the mistake.
In order to avoid making mistakes in the claim, injured workers should hire an attorney as soon as possible for their workers’ compensation claim. Put The Lawyers of Brown & Roberto to work for you today. Give us a call at 865-691-2777 or contact us through our website at WWW.BROWNANDROBERTO.COM to set up a free consultation.