In Tennessee, an estimated 55,400 nonfatal workplace injuries occurred in the private sector in 2022, according to the Department of Labor & Workforce Development. Another 10,500 nonfatal injuries were reported by local government employers and 1,400 by state government employers.
If you or someone you love was hurt or killed while performing work tasks, the Knoxville workers’ compensation lawyers at The Lawyers of Brown and Roberto can help. Our firm fights hard for you at every step of your case and we understand the complex laws governing Tennessee workplace injury claims. Give us a call at (865) 691-2777 today to schedule a free consultation and learn more about how we can help you.
What Are Your Rights After A Workplace Accident?
Tennessee law requires every employer with five or more workers to purchase workers’ compensation insurance. For employers in the construction industry, every company needs workers’ compensation coverage, according to the Tennessee Department of Labor and Workforce Development.
Workers’ compensation is intended to ensure that every injured worker is fairly compensated for on-the-job injuries. Under the workers’ compensation system, an employee does not have to prove an employer was negligent, violated a safety rule, or did anything wrong that resulted in workplace injury. If someone gets hurt while performing work duties, they should be covered. If your job makes you sick, you can also make a workers’ compensation claim.
Workers cannot, however, sue employers under the workers’ compensation system. Pursuing their claim through the employer’s workers’ compensation insurer is typically their only remedy. Injured employees, therefore, must know and understand how to navigate this system so they can get the compensation they deserve.
Tennessee law guarantees you the right to report your injury to your employer without fear of being fired or facing retaliation.
As the Tennessee Department of Labor and Workforce Development explains, you also have the right to receive both present and future medical care for your workplace illness or injury from an authorized physician if the care is deemed reasonable and necessary. You should also be compensated for lost wages and full or partial disability if your injury impairs your ability to work.
Unfortunately, not all employers or insurers pay workers’ compensation claims fairly, so you must work with a legal advocate to protect your rights.
Compensation under Tennessee Workers’ Compensation Laws
After a workplace injury in Tennessee, you cannot sue your employer in most circumstances so making a workers’ compensation claim will be your only remedy. Because you cannot sue, you cannot recover compensation for things like pain and suffering and emotional distress.
You can, however, ensure your employer’s insurer does the following:
- Pays your medical bills related to your injury, including past and future bills
- Provides temporary or permanent total disability benefits if your injuries are severe enough to prevent you from working either on the short term or over the long term.
- Provides temporary or permanent partial disability benefits if you can still work with your injuries but only in a limited capacity position where you earn less.
If your initial claim is denied, you can appeal the denial through the utilization review process. You also have the right to a hearing from a Court of Workers’ Compensation Claims Judge. If you are still not satisfied with the decision of the workers’ compensation claims judge, you can appeal to the workers’ compensation appeals board, or even to the state’s Supreme Court directly.
Ideally, your employer will treat you fairly and their insurer will pay you promptly and you won’t have to take these extra steps to get compensated. Unfortunately, this is not the case for every worker and no employee should accept a workers’ compensation settlement unless they are confident they are being fairly properly for all the losses the law entitles them to receive compensation for.
To ensure your rights are protected, it is best to get help from a Knoxville workers’ compensation attorney who can advocate for your rights.
How Does a Knoxville Workers’ Compensation Attorney Help You?
A Knoxville workers’ compensation attorney will provide invaluable assistance after you get hurt or sick while performing your job.
An Knoxville workplace injury attorney can work with you to determine if your injury was work-related and to determine if there are any defendants you could file a civil lawsuit against outside of the workers’ compensation system. For example, if your injuries were caused by a faulty machine at work, you might be able to sue the machine’s manufacturer in addition to your workers’ compensation claim.
Your lawyer will also help you through the process of applying for workers’ compensation benefits, including meeting all reporting deadlines and timelines so you don’t experience administrative issues that impact your claim. If there are questions over the cause of your injuries or the extent of your damage, your legal advocate can work to put them to rest by gathering the evidence you need to show you’re entitled to benefits because your job harmed you.
If your employer’s insurer doesn’t cover all your costs or agree to a fair payout, a Knoxville workers’ compensation attorney can also navigate the multi-stage appeals process to get you the money that you deserve.
There’s a lot of money at stake in most workers’ compensation claims, especially when your injuries were serious or catastrophic and affect your ongoing ability to work. Insurers want to pay out as little as possible, and sometimes even force you back to work before you’re ready. You need a Knoxville personal injury attorney and someone with legal knowledge on your side who can help you to navigate Tennessee’s workers’ compensation rules.
Let Our Knoxville Workers’ Compensation Attorneys Help You File a Claim
Contact the Lawyers of Brown and Roberto at (865) 691-2777 today to schedule a free consultation and learn how we can help you. You don’t pay legal fees if we don’t recover compensation for you, so there’s nothing to lose by having a legal professional you can trust by your side during the work injury claims process.