Getting injured on the job can be a stressful experience. On top of dealing with the physical pain, you might be worried about lost wages and medical bills. Tennessee Workers' Compensation is a program designed to help injured workers recover financially. If you've been hurt at work, this FAQ can help answer some common questions you might have. For specific legal advice regarding your situation, consult with a Tennessee Workers' Compensation attorney.
Understanding your rights and the benefits available to you under Tennessee Workers' Compensation is crucial during this difficult time. This FAQ aims to provide clear and concise information to help you navigate the process and get the support you need.
Remember, seeking legal guidance from a qualified attorney can make a significant difference in the outcome of your Workers' Compensation claim. They can help you gather evidence, negotiate with your employer's insurance company, and represent you in any necessary legal proceedings.
Eligibility for Workers' Comp Benefits
What types of injuries are covered by Workers' Comp?
- Workers' Comp covers a wide range of injuries and illnesses that occur on the job, including accidents, repetitive stress injuries, and work-related mental health conditions. Examples of covered injuries include broken bones, sprains and strains, cuts, burns, back injuries, carpal tunnel syndrome, and occupational diseases.
Am I eligible for Workers' Comp if I was partially at fault for my injury?
- Tennessee follows a modified comparative negligence system for Workers' Comp. This means your benefits may be reduced based on your share of the blame for the accident. However, you can still be eligible for benefits even if you were partially at fault.
I work for a small company. Does Workers' Comp apply to me?
- In general, most Tennessee employers with five or more employees are required to carry Workers' Compensation insurance. However, there are some exceptions, so it's best to check with your employer or the Tennessee Bureau of Workers' Compensation.
Benefits and Compensation
What types of benefits are available under Workers' Comp?
- Medical benefits: This covers the cost of necessary medical treatment for your work-related injury.
- Temporary disability benefits: These replace a portion of your lost wages while you are recovering and unable to work.
- Permanent partial disability benefits: If your injury results in a lasting impairment, you may be entitled to ongoing benefits.
Can I receive Workers' Comp benefits while on vacation or sick leave?
- Generally, no. Workers' Comp benefits are intended to replace lost wages due to a work-related injury. If you are already receiving income through vacation or sick leave, you likely won't qualify for additional benefits during that time.
Returning to Work After Your Injury
Can my employer require me to perform light duty work while recovering?
- Yes, your employer may offer you light duty work that is appropriate for your limitations. This can be a good way to gradually return to work while still recovering from your injury. However, you are not obligated to accept light duty work if your doctor advises against it.
What happens if I can't return to my previous job due to my injury?
- If your injury prevents you from returning to your previous job, you may be eligible for vocational rehabilitation services to help you train for a new position. You may also be entitled to permanent partial disability benefits.
Disputes and Legal Issues
My Workers' Comp claim was denied. What can I do?
- Don't give up if your initial claim is denied. There are often opportunities to appeal the decision and provide additional evidence or arguments to support your case. A qualified attorney can help you understand the appeals process, gather necessary documentation, and represent you effectively throughout the process.
Can I get fired while receiving Workers' Comp benefits?
- Tennessee is an "at-will" employment state. This means your employer can generally fire you for any reason, even while you're receiving Workers' Comp benefits. However, they cannot fire you because you filed a Workers' Comp claim. If you believe you were fired in retaliation for filing a claim, you may have legal recourse.
It's important to note that while your employer cannot fire you specifically for filing a Workers' Comp claim, they may still terminate your employment for other legitimate reasons. If you suspect that your termination was retaliatory, it's crucial to consult with an attorney to discuss your options and explore potential legal remedies.
Get Help with Your Tennessee Workers' Comp Case
Don't Let Your Work Injury Define Your Future.
If you’ve been injured at work, it’s crucial to consult with a Tennessee Workers’ Compensation attorney to determine your eligibility for benefits and understand your rights under state law. Contact Aubrey Givens & Associates, PLLC today at (615) 248-8600 for a free consultation. We'll review your case and guide you through the process, ensuring you get the support you need to recover and move forward.
