Frequently Asked Questions About Workers Compensation

• What is Workers' Compensation?
  Workers' Compensation is insurance that by law an employer with 5 or more employees is required to carry in case an employee is injured on the job, becomes ill due to circumstances surrounding their job or even if death results from their job. Benefits include medical expenses, temporary total disability benefits, temporary partial disability benefits, permanent total or partial disability benefits, , and death benefits.



• Who is responsible for providing the benefits under the Workers' Compensation Act?
  By law the employer is responsible for providing Workers' Compensation Insurance. In some instances the employer provides benefits directly by being self-insured otherwise the employer provides the benefit indirectly through a Workers' Compensation insurance company. A worker cannot be charged for benefits provided or any portion of their employer's Workers' Compensation insurance premium.



• What injuries are covered by the Act?
  Any worker who has sustained an injury arising out of and in the course of their employment has a potential Workers' Compensation claim. As long as your injury is job-related, it's covered. You are covered if you are injured while traveling on business, doing a work-related errand or even attending a required business-related social function. Any injury or illness that occurs due to employment is considered a workers' compensation injury. Under workers' compensation law, you will receive help if you are injured no matter who was at fault. Some types of workers' compensation injuries are: broken/fractured bones, back problems/pain, knee problems/injuries, grip loss, heart attacks, wrist injuries including carpal tunnel syndrome, burns, shoulder pain, neck pain, headaches, etc. You may be entitled to benefits even if you are still working.



• Does an injury have to have a specific date of onset in order to be covered?
  Your injury does not need to be caused by a specific accident such as a fall. Many workers receive compensation for repetitive trauma injuries such as back problems that are caused by overuse or misuse over a long period of time in the performance of their normal work activity. You may also be compensated for some illnesses and diseases that are the gradual result of work conditions such as lung disease. Due to the fact that symptoms with these types of injuries reveal themselves over a period of time, the worker might not associate the eventual diagnosis of the injury as being work-related.



• What should I do if I get injured on the job?
  Seek emergency medical attention if needed. Immediately report your injury to your employer. An injured worker must report any accident to their employer or any employee of the employer who is in a supervisory capacity (foreman, superintendent, company nurse, etc.). Notification must be done within a set amount of time as set by state law. Most states require that this be done within two to 30 days following an injury. Tennessee requires that the notice be given in writing. If an injury occurs over time (for example, a breathing problem or carpel tunnel syndrome), you must report your condition soon after you discover and realize that it is caused by your work. Your employer should provide you with a claim form on which you must describe your injury and how, when, and where it occurred. Make sure you save copies of all correspondence with your employer, its insurance carrier and your doctor concerning your workers' comp claim.



• Can I lose my job because of a workers' compensation injury?
  Laws prohibit your employer from discharging or discriminating against you because of your workers' compensation injury. If it is proven that an employer fires or forces to resign any injured worker in retaliation for filing a Workers' Compensation claim, the worker could file a civil lawsuit against his employer seeking damages in court.



• What are temporary total disability benefits?
  If you are unable to work for more than 7 days, you will be entitled to benefits.. The 7 day "waiting period" will be paid if you are unable to work for more than a 14 days. The amount of Temporary Total Disability benefits is two-thirds of your average weekly wages. You will receive these temporary disability payments during the time you qualify for the benefit. This compensation stops when the treating doctor releases you for work or says that your injury has reached a point of maximum improvement.



• What are Permanent Partial and Permanent Total Disability benefits?
  Permanent disability is additional money that is paid to compensate you for any permanent disability you may suffer from an illness or injury due to your job. If you are totally unable to perform any work after you have reached maximum medical improvement, under most circumstances in Tennessee, you are entitled to receive 2/3 of your average weekly wage until you reach the age of 65 years. This is called Permanent Total Disability benefits. If you are not totally disabled from work, then you are entitled to Permanent Partial Disability benefits. This amount depends on the extent of your disability. Your age, job experience, education and jobs available are also factors that are considered when determining your Permanent Partial Disability benefits.



• What medical benefits does the Act provide to a worker after they have sustained an on-the-job injury?
  An injured worker is entitled to receive 100% of all necessary and reasonable medical expenses incurred as a result of a job-related accident. These include first aid, emergency room services, inpatient and/or outpatient hospital care, doctor's fees, prescriptions and other related expenses. The employers' obligation to pay these benefits continues for as long as you live.



• If I am injured on the job can I choose the doctor who treats me?
  The employer is required under the law to provide you with a list of doctors from which to choose a treating physician. You get to pick the one you want. It is a good idea to contact an attorney before you choose a doctor because it would not be in your best interest to choose some doctors listed by the employer. For the most part those doctors listed are all good doctors but some doctors routinely say that the injury is not because of work or that you are not hurt seriously. Once you have a doctor, he is your doctor and you must accept the treatment he prescribes unless there is a very good reason not to do so. If you fail to meet your appointments or fail to comply with treatment prescribed by your doctor, your benefits may be interrupted.



• Do I need an attorney?
  You have the right to be represented by an attorney for your work- related injury. Your attorney will assist you in seeing that your benefits are properly protected. Each state has different Workers' Compensation Laws. While individuals can sometimes represent themselves in these matters, it is advised to contact a Workers' Compensation or Labor Attorney as soon as possible after an accident or diagnosis of a disease or condition in order to protect your legal rights. Workers' Compensation laws are constantly changing and an attorney will be in a better position to advise you in order to protect your rights. Attorney's fees for representing an injured employee are usually paid out of the settlement or award. These are usually a percentage of the monetary recovery awarded to the injured employee. In Tennessee the maximum award of attorney fees is 20% of the award. Whether you have injured your back, neck, rotator cuff, suffer from plantar fascietis, carpel tunnel syndrome, post traumatic stress syndrome or some other injury on the job, you are entitled to the benefits afforded under the Workers' Compensation laws of the State of Tennessee. We can help you get the benefits you deserve.