State workers' compensation laws provide
specific benefits to workers injured on the job. Workers' compensation laws
provide medical benefits for emergency medical care, doctors, hospital, and in
the case of death, funeral benefits. You are entitled to temporary total
disability benefits during the worker's recovery from injury and permanent
partial disability benefits for permanent disability less than 100%; permanent
total disability for 100% disability; and death benefits for dependants.
Medical Expenses
Your employer is legally obligated to
pay for all medical treatment, surgical procedures, prescriptions, medical
supplies or equipment which is related to your injury and prescribed by the
authorized doctor. This may include future medical expenses related to your
injury. The employer or their insurance company is only obligated to pay bills
for authorized medical treatment unless they have refused to give you names of
doctors to see, or the bill is for emergency room services less than $300.00.
Tennessee law requires the employer or their insurance company to give you a
panel of three doctors for your use in order to select your treating doctor.
Since the doctor you choose may make a difference in your case and treatment, it
is best to consult an experienced workers' compensation lawyer if possible.
Temporary Benefits While Unable
to Work
Temporary total disability is a term
which describes the time period when an injury prevents you from returning to
work. There is generally the time needed to recover and rehabilitate from your
injury. It ends when your doctor releases you to return to work or determines
that you have reached your maximum medical improvement. During your period of
temporary total disability, you are entitled to compensation equally two thirds
(2/3) of your average weekly wage. The law provides a maximum figure so that,
regardless of your actual wages, your employer need not pay more than the legal
weekly maximum.
Permanent Partial Disability
As an injured worker, you are entitled
to compensation for any permanent impairment, even though you have returned to
your regular job at the same pay. This benefit is in addition to the temporary
benefit you receive while recovering from your injury.
FAQs
• What is a permanent impairment
rating?
• What is a Benefit Review Conference?
• Do I have to file suit?
• How do I qualify for workers' compensation benefits?
• Waiting.
• What to do if you have a work related injury.
What is a permanent impairment
rating?
After you have recovered or reached
your maximum medical improvement, your doctor will determine whether or not you
have a permanent medical impairment. This is very important because it
determines in part what you will be paid for your permanent injury. Doctors do
not always agree on whether someone has a permanent impairment, or how much.
Therefore, it may be necessary to seek a second opinion if the doctor approved
by the workers' compensation company believes you have no permanent impairment,
or a small impairment.
What is a Benefit Review
Conference?
After you reach maximum medical
improvement, your employer or their insurance company may demand a Benefit
Review Conference. During this conference, the employer and insurance company
will have representatives present to negotiate a settlement most beneficial for
them. If you have been advised of a Benefit Review Conference, you should have
experienced counsel representing you during these proceedings. Do not agree to
any offers until you have the time to discuss the possible advantages and
disadvantages with your attorney.
Do I have to file suit?
If your case is not filed within one
(1) year of your injury or one (1) year from the time you knew your injury was
permanent, you may lose any right to make a workers' compensation claim. You
should consult an attorney to determine how much time you have left before it is
necessary file suit.
How do I qualify for workers'
compensation benefits?
If you are injured on the job, you must
notify your employer as soon as possible. If the employer does not have actual
notice of your injury then you must give the employer written notice within
thirty (30) days of the injury. You may lose your right to claim compensation if
you fail to notify your employer of the injury. The safest action for any
injured worker is to see that someone files a correct written report of injury
within thirty (30) days.
Waiting.
Your benefits are limited to medical
expenses for the first seven (7) days. If you continue to be disabled and unable
to work after seven (7) days, you can receive retroactive benefits from the date
of your injury or illness.
What to do if you have a work
related injury.
(1) Notify your employer of when, where
and how your injury occurred;
(2) Make sure you receive a copy of the
papers completed by the employer, and let them know of any mistakes;
(3) If your doctor says you are unable
to work, make sure your employer knows;
(4) Make sure the doctor knows exactly
what is happening to you, don't just say fine. Give them specific information on
how you are feeling;
(5) Everyone you speak with be it your
employer, the insurance company, or the State of Tennessee will record notes on
what you say. Make sure you have your own notes for what happened and your
conversations;
(6) Cooperate with your doctor and make
sure you do everything possible to return to work as soon as possible. If you
have problems after returning to work, let your doctor know immediately;
(7) If your employer or co-workers ask
when you are going to return to work , tell them as soon as the doctor releases
you to return to work.
