Injured in the Workplace?
One of Our Newport Workers’ Compensation Attorneys Can Help
Employers are responsible for their employees. There are state laws in place which are meant to support a worker who suffers an injury on the job. In these cases, the employer or company is usually held responsible for the costs of medical care, time off for recuperation and other related damages. While worker error can be the reason behind the injury, more often than not, it is a faulty piece of machinery or a slip and fall due to negligent business practices. In many cases, regardless of whether an employee is at fault for the injury, he or she is still entitled to workers’ comp benefits in the state of Tennessee. If you have been injured in the workplace, then you could be entitled to compensation.
The Newport workers’ compensation lawyers at Myers & Ball, LLP have decades of combined experience helping injured workers in the greater Newport area, including much of eastern Tennessee. Once you become our client, you become our priority. Our experienced workers’ comp attorneys will stop at nothing to help you file the strongest claim possible. We will walk you through the claims process, ensuring that your rights are being upheld and protected to the maximum extent of the law.
What Are the Most Commonly Reported Causes of Workplace Injuries?
Workers in Cocke County and the surrounding region are employed in many potentially high-risk industries; there are numerous processing plants, manufacturers, construction firms and other labor-intensive work sites in the area. These are the types of workplaces where workers are especially prone to injury.
Three of the most commonly reported workplace injury causes are:
- Poor or non-existent maintenance of workplace. All employers are responsible for the regular maintenance and upkeep of all machinery and appliances used on the work site, no matter what. If an employee injures themselves due to poor upkeep, then an employer will more than likely be held responsible.
- Poor conditions leading to slip and fall accidents. Just as a business owner is responsible for keeping all machinery and appliances properly maintained, they are also responsible for the upkeep of the workplace itself. Slips, trips and falls can occur because of wet floors, hazardous electrical cords, or improperly labeled obstructions and make up a large majority of workplace-related injuries. According to the National Safety Council (NSC), construction workers are seven times more at risk of suffering workplace injuries due to falling than employees of other industries.
- Overexertion. These accidents include lifting, bending, holding and reaching — among other forms of physical exertion. An employee does not necessarily have to work in an occupation that requires heavy lifting to be involved in this type of accident either — overexertion injuries can happen by simply picking up a heavy box of books awkwardly. Regardless of fault, an employee should be covered under an employer’s workers’ comp policy.
This is by no means an exhaustive list of the types of workplace accidents and injuries that can occur. If you have been involved in an accident in the workplace, then it is highly recommended that you seek out a qualified workers’ compensation attorney to determine the strength of your claim.
Who Is Required to Carry Workers Compensation Insurance?
All employers are required to maintain reasonably safe work areas. They are likewise responsible for making sure that all equipment is regularly inspected and maintained. Simply following these two rules will greatly diminish the likelihood of workplace injuries (and costly personal injury lawsuits). However, employers often disregard the law.
Under the Tennessee Workers’ Compensation Act, the Department of Labor and Workforce Development (DLWD) upholds the following:
- Employers in high risk industries — such as the construction, mining or trade industry — with one or more employees are required to carry workers’ comp insurance.
- All other employers not in the above industries are required to carry workers’ comp if they have five or more employees.
- Anyone who is considered an “employee” will be counted when determining the total number of employees in a case involving a workplace injury. This means that family members, employees who are only part time and other “corporate officers” will be included in any final tally.
Please note that the guidelines and requirements for workers’ comp vary by state. Further, any business owner that does not meet the above requirements, but would like to obtain workers’ compensation insurance is welcome to do so.
If your employer has workers comp insurance, then you must file a workers comp claim after a workplace accident in order to recover compensation – you usually cannot file a regular lawsuit.
Have Questions? We Will Inform You of Your Options for Free
To learn more about how the experienced workers’ compensation attorneys at Myers & Ball, LLP can help, reach out to our local Cocke County firm to schedule a complimentary consultation to discuss your case details. We are dedicated to serving our fellow Tennesseans and will promptly respond to all inquiries. We represent residents of Morristown, Jefferson City, Dandridge, Seymour, Gatlinburg, Pigeon Forge, Sevierville, Greeneville and more. Should you choose to work with us, one of our experienced workers’ comp attorneys will guide you through every step of the claims-filing process, ensuring that you and your rights are being protected and upheld in a lawsuit concerning workers’ compensation benefits.
Many of our clients have been referred to us by others whom we have helped achieve success — let us help you, too. Call us at (423) 248-1023 or schedule your free consultation online.