A Cocke County Workers’ Compensation Lawyer Answers Your Questions
You have certain rights if you suffered an injury on the job. For example, workers’ compensation benefits may cover certain medical expenses and a portion of your lost wages. To collect workers’ comp benefits in Tennessee, you do not have to prove fault or negligence. In most cases, you can recover benefits if you suffer an injury or illness while performing your job duties. In return for these benefits, you give up the right to file a personal injury lawsuit against your employer. A Cocke County workers’ compensation lawyer knows from professional experience that collecting these benefits is not always easy. If you receive a denial for benefits, then it may be possible to file an appeal.
At Myers & Ball, LLP, our Cocke County workers’ compensation lawyer can meet with you to discuss your case. Attorney Melissia Ball can offer you legal guidance on how to successfully file a worker’s compensation claim. Further, if you receive a claim denial or are not getting the benefits you need, then we can discuss your legal options with you. To learn more about workers’ compensation in Tennessee, you can continue reading for answers to commonly asked questions.
Tennessee Workers’ Compensation Frequently Asked Questions
- What Are the Most Commonly Reported Causes of Workplace Injuries?
- Is My Employer Required to Carry Workers’ Compensation Insurance?
- What Should I Do if I Am Injured at Work?
- What Injuries Does Workers’ Compensation Cover?
- What Compensation Can I Receive for My Injuries?
- Can My Employer Fire Me for Filing a Workers’ Compensation Claim?
- How Long Do I Have to File a Workers’ Compensation Claim?
- What Happens if I Am Not Receiving the Benefits I Deserve?
- Can I File a Third-Party Claim?
- Can I Sue My Employer?
What Are the Most Commonly Reported Causes of Workplace Injuries?
There are many high-risk industries in Cocke County. These include processing plants, manufacturing plants and construction firms. Workplace incidents and injuries in these industries are often severe and life-threatening. Some of the most commonly reported causes of workplace injuries include:
- Poor workplace maintenance
- Poorly kept or maintained equipment and appliances
- Poor work conditions leading to slip and fall injuries
- Overexertion incidents
- Defective equipment or machinery
- Coworker negligence or carelessness
- Repetitive or overuse accidents
Is My Employer Required to Carry Workers’ Compensation Insurance?
In Tennessee, all employers in high-risk industries with one or more employees must carry workers’ compensation insurance. All other employers must carry workers’ compensation insurance if they have more than five employees. The Tennessee Workers’ Compensation Act outlines what counts as an employee.
What Should I Do if I Am Injured at Work?
If you suffer an injury while on-the-job, you must report this injury to your employer. In Tennessee, you have 15 days to report this injury. Failing to report your incident and injuries could result in you being unable to collect workers’ compensation benefits.
Of course, you should immediately seek medical attention and tell your physician that you suffered an injury at work. Once you seek medical attention and report your injury, your work will fill out the necessary paperwork to begin the workers’ compensation process.
What Injuries Does Workers’ Compensation Cover?
Tennessee law provides compensation for a variety of injuries and illnesses. As long as your job caused your injury or illness, you qualify for workers’ compensation coverage. Some of the most common job-related injuries include:
- Back injuries
- Neck injuries
- Carpal tunnel syndrome
- Hearing loss
- Some mental conditions
- Some types of diseases
When it comes to diseases and mental conditions, you must show that your injury or illness was a direct result of performing your job-related duties.
What Compensation Can I Receive for My Injuries?
In Tennessee, you can collect compensation for 100 percent of your medical expenses related to your work injury. This includes doctor’s visits, hospitalizations and rehabilitation. You are also eligible to receive two-thirds of your average weekly wage. Even if you are still able to work, but are not able to work full-time, you may still receive temporary disability benefits.
Can My Employer Fire Me for Filing a Workers’ Compensation Claim?
It is against the law for an employer to fire an employee for filing a workers’ compensation claim. This is retaliation and it is against both state and federal laws. However, it is often difficult to prove whether your employer terminated you because of your workers’ compensation claim or for other reasons. A Cocke County worker’s compensation lawyer can investigate if your employer terminated your position for filing a workers’ comp claim or for another reason.
How Long Do I Have to File a Workers’ Compensation Claim?
In Tennessee, you only have one year to file a workers’ compensation claim. If you miss this deadline, then you may not be able to pursue a claim to collect workers’ compensation benefits. Additionally, minors who experience a workplace incident have one year from the date they turn 18 to file a claim.
What Happens if I Am Not Receiving the Benefits I Deserve?
If you do not receive the benefits you deserve, then it is important to speak to an experienced Cocke County workers’ compensation attorney. Our attorney can help you appeal a denied claim. At Myers & Ball, LLP, our attorneys can fight uncooperative insurers and help you collect the benefits you deserve.
Can I File a Third-Party Claim?
In some cases, you may file a third-party claim against a person or business that is not your employer. Examples of third parties include contractors and product manufacturers. You may recover additional compensation from these parties if they caused your workplace injury. If you believe another person or entity caused your injury, then you should speak with our workers’ compensation lawyer as soon as possible. Crucial evidence can disappear soon after an accident.
Can I Sue My Employer?
In most cases, injured employees cannot file a lawsuit against their employer after a work injury. Yet, there are exceptions to this. If your employer intentionally caused you harm, you may file a lawsuit. Also, if your employer does not carry workers’ compensation insurance, then you may file a personal injury lawsuit against them. Your attorney can help you review all your legal options.
Contact a Cocke County Workers’ Compensation Lawyer Today
If you suffered an injury in a work-related accident, then you may have many questions running through your mind. How will you get the help you need? Who pays your medical expenses? When should you return to work? A Cocke County workers’ compensation lawyer at Myers & Ball, LLP can give you the answers you need. We work with injured employees to help them obtain the benefits they need — and deserve. Call us at (423) 248-1023 or fill out our confidential contact form for more information. We are here to help you through this difficult time. Do not delay!