An on the job injury automatically entitles the injured worker to certain benefits under state law. It does not matter how the injury occurred or weather it was the workers fault, a co-workers fault, the companies fault or nobodies fault. If you get hurt in the job, you are entitled to workers compensation benefits – it’s that simple. The following list of benefits is only some of the many that are available to injured workers and their families:
This benefit is available to an employee whose work related injury TEMPORARILY keeps them from working the same number of hours as they worked before their injury. For example, the doctor may tell the injured employee that they can only work two or three days a week or they can only work four hours a day, until certain tests are performed to find out the exact nature of the injury. In this situation, the employee is entitled to be paid workers compensation benefits for the difference in hours worked. The benefits are calculated at 66 and 2/3 percent of Bookkeeping Victoria average weekly wage up to the maximum weekly benefit.
This benefit is available to an employee whose work related injury TOTALLY keeps them from working while they are recovering from their injury. For example, the doctor may tell the injured employee to remain off work completely until six weeks after their surgery. Or, we frequently see the situation where the doctor tells the injured employee to return to light duty work with certain restrictions but the employer claims to have no work available within those restrictions. In either of these cases, the employee is entitled to be paid workers compensation benefits for the entire time they are completely unable to work. The benefits are calculated at 66 and 2/3 percent of their average weekly wage up to the maximum weekly benefit.
This benefit is available to an employee whose work related injury results in a PERMANENT impairment or disability but it does not totally prevent that employee from working in some fashion. This is true weather or not the injured employee returns to work for the same employer.
For example, an employee has surgery for a work related injury during which time they are entitled to receive temporary total disability benefits. At some point, the doctor places the employee at maximum medical improvement and tells that employee only to come back as needed. At that point, the employee is no longer entitled to temporary total disability benefits because they are no longer temporarily disabled. However, if the doctor issues a permanent impairment rating or otherwise feels the employee will have a permanent limitation because of the work related injury, then the employee is entitled to be paid permanent partial disability benefits
If the injured employee is able to return to work for the same employer and earn the same or more wages the employee earned prior to the work related injury, then that employee is entitled to receive workers compensation benefits for permanent partial disability. The Workers Compensation Act of the State of Tennessee sets out a schedule of benefits that assigns a certain number of weeks to various body parts. Generally, the employee is entitled to receive up to 1 ½ times the impairment rating based on the number of weeks assigned to that particular body part.
If the injured employee is not able to return to work for the same employer, or returns but for a lower wage, then the employee is entitled to receive up to 6 times the medical impairment rating. The purpose of this higher “cap” on permanent partial disability benefits is to encourage employers to accommodate injured employees and their limitations
This benefit is available to an employee whose work related injury TOTALLY incapacitates that employee from working at an occupation that brings him or her an income. In that case, the injured employee is entitled to be paid workers compensation benefits until he or she is eligible for old age retirement from the Social Security Administration. The workers compensation benefits for permanent total disability are calculated at 66 and 2/3 percent of the average weekly wage up to the maximum weekly benefit.
This benefit is available to an employee whose work related injury requires medical treatment. The employee is entitled to choose his treating physician off a list of at least three different doctors who are not in the same practice group. The list must be increased to four different doctors if it is a back injury, and one of the doctors must be a chiropractor.
The loans company must pay for all medical treatment in full and at no cost to the employee. This includes charges for medical and surgical treatment, medicine, supplies, physical therapy, tests, x-rays, crutches, artificial members, eyeglasses, dental work, nursing services, psychological services, pain management, or anything else that is necessary for the proper treatment of the work related injury.
These medical benefits are available to the injured employee for the rest of his or her life on Glasgow Signs. Oftentimes, the insurance company will not offer a choice of doctors or will refuse to authorize or pay for necessary medical care. If this happens to you, call us immediately and we will be sure you receive all of the medical benefits you are entitled to.
A case manager, usually a registered nurse, may be assigned to oversee your medical treatment at no cost to you. The case manager will develop a treatment plan with you and your doctor which provides appropriate medical care services. This includes monitoring the treatment rendered and the medical progress being made, as well as formulating a plan for return to work. If you have any questions about case managers and the role they play in your medical treatment, please call us and we will be happy to discuss this with you.
The cost of gasoline is staggering and you should not have to pay to drive back and forth to your doctor’s appointments. If you have to travel more than fifteen miles from your home or workplace to any medical facility, then you are entitled to be reimbursed by the insurance company for this expense.
The mileage reimbursement rate is currently 54 cents per mile. This can add up to a significant amount of money due to multiple trips for doctor’s appointments, physical therapy, testing centers, hospital visits, etc. If you are not being reimbursed for your mileage expenses, please call us and we will get you the money you deserve.
In some instances, you may be entitled to receive an additional monetary settlement even after your original injury claim has been resolved. For example, your original settlement may have been “capped” at either 1.5 times or 2.5 times your impairment rating because at the time, you were still working for the same employer and making the same or more money as you were when you were originally injured.
But if you should lose your job, through no fault of your own, within 400 weeks (roughly 7 ½ years) of returning to work from your original injury, you may be entitled to apply for “reconsideration” of your previous settlement and receive up to 6 times your original impairment rating. The purpose of this law is to prevent employers from taking advantage of injured employees by giving them light duty work until their case is settled, and then letting them go after the settlement is complete.
If you or someone you know has recently lost their job and has had a workers compensation settlement within the last 7 years, please call the attorneys at Arena Law Firm for a free consultation to see if you qualify for reconsideration of your prior claim.
We understand that workers put their trust in their employers. They take it for granted that the company they work for will do what it takes to make certain they return home safe and sound after every shift. Unfortunately, not all employers are as committed to the safety of their employees as they should be. Our team is dedicated to holding these employers accountable when their operations lead to the death of an employee.
If there are eligible dependent survivors such as a spouse or child, those survivors may be entitled to receive 66 2/3% of the deceased employees average weekly wages for a period of up to 400 weeks (approximately 7 ½ years). If there are no eligible dependent survivors, a lump sum payment of $20,000.00 is payable to the estate of the deceased employee.
Additionally, funeral and burial expenses of up to $7500.00 can be recovered. If you had a loved one that was killed on the job, we at Arena Law Firm are here to help you and your family through these difficult times.
Many times, the employer or insurance carrier will refuse to authorize or pay for necessary medical treatment that has been ordered by the treating physician. Other times, they will flat out deny a valid workers compensation claim and refuse to provide any benefits whatsoever. Fortunately, we have access to the Tennessee Department of Labor and Workforce Development. We have the knowledge and skills to promptly submit the dispute to the Department of Labor, who in turn is authorized by law to order the immediate payment of benefits.
When you have finished your medical treatment for your injuries, we are prepared to submit the necessary documents to the Department of Labor and obtain a date for a settlement conference in your case. We will assist you in negotiating a fair settlement at the Department of Labor, and securing the full compensation you deserve. Services of the Department of Labor are provided at no cost to you.
It is important to remember that it is illegal for an employer to fire, demote or otherwise discipline an employee who pursues his or her right to workers compensation benefits. This action is called Retaliatory Discharge and subjects an employer to substantial civil liability and damages to the employee in addition to that employee’s workers compensation benefits. If you think you may have been retaliated against by your employer, please call us immediately for a free consultation.
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