KNOXVILLE'S WORKERS' COMPENSATION LAWYERS

You should report any work injury to your employer as soon as possible. Tennessee law requires you to report it within thirty days of its occurrence. Some employers tell injured workers that they must report an injury on the day of the accident or it will not be covered under Workers’ Compensation, but this is not accurate.

Tennessee laws require that injuries be reported in writing. This requirement is excused if it can be shown that the injury was in fact reported to the employer within thirty days or that the employer was aware of the injury within that time period. Many employers fill out an injury report to provide to their Workers’ Compensation insurance company. If you are asked to fill out part of this report, you should request and keep a copy of it.

After an injured employee has reported a work related injury to his or her employer, the employer is required by Tennessee law to provide a panel of physicians to the injured worker. This panel will be a list of doctors from which the employee may select an authorized treating physician.

In an emergency situation, the injured worker may have no choice but to seek immediate medical treatment at an emergency room. If you do have to visit an emergency room due to your work related injury, you must tell the admissions nurse that you were injured at work. Be sure to discuss in detail with the physician how you were injured. Your selection of an authorized treating doctor is very important and can affect the treatment you receive and the benefits you receive under Workers’ Compensation.

If your authorized treating physician has taken you off of work due to your injury, then you are entitled to 66 2/3% of your average weekly wage each week that you remain off work. You may also be entitled to weekly checks from Workers’ Compensation, if your authorized treating physician gives you restricted or light duty and your employer is unable to accommodate these restrictions.

To determine the correct amount of temporary total disability you should be receiving, a request should be made for a wage statement from your employer. Employers and insurance companies are often hesitant to provide a proper wage statement, as it may reveal that you are receiving less benefits than you are entitled to under the law.

It is against the law in Tennessee to fire an employee for reporting a work related injury. That being said, Tennessee is a right to work state, which means that an employer may terminate an employee for good cause, bad cause, or no cause at all. If you feel that you have been terminated from your employment because you reported a work related injury, contact The Lawyers of Brown & Roberto immediately to discuss the merits of your claim.

Insurance Adjuster

Any Workers’ Compensation claim is administered and handled by a representative of the insurance company, known as the adjuster. The adjuster’s role is to administer the claim so that the insurance company provides the injured worker the benefits authorized by law without overpaying any of those benefits. This includes paying for medical treatment which is both reasonable and necessary, paying temporary disability benefits for the period of time that the injured worker is unable to work, and paying the appropriate vocational disability benefits.

Nurse Case Manager

The role of the nurse case manager is to coordinate and facilitate the medical treatment of an injured worker in a cost effective manner, so as to facilitate as speedy and complete a recovery as possible. The majority of nurse case managers sincerely try to accomplish this purpose and can be of significant help to injured workers. The nurse case manager is paid by the Workers’ Compensation insurance company. Unfortunately, a small minority of nurse case managers give the appearance that they are trying to help the insurance company reduce benefits more than help the injured worker recover from their injuries.

In addition to medical treatment and temporary disability payments, an injured worker is entitled to receive permanent disability benefits for any injury that results in any degree of permanent medical impairment and causes some vocational disability. The amount of vocational disability an injured worker is to receive for an injury can vary greatly, depending upon a multitude of factors, and thus is often subject to dispute.

The Department of Energy Plants in East Tennessee have left a legacy of environmental contamination that continues to affect past and present workers at the Y-12 National Security Complex, the Oak Ridge National Laboratory, and the Environmental Management Program actively cleaning up the former K-25 site and other locations in the area. If you have suffered an illness or injury as a result of your work at these facilities, you may be entitled to benefits from Workers’ Compensation.

The Lawyers of Brown & Roberto help injured workers receive all of the benefits they deserve. If you have been injured on the job or you think your illness may have been caused by past radiation exposure, contact with harmful substances such as beryllium, asbestos, or if you have developed cancer or blood disorders, we offer a free initial consultation to evaluate your case and answer your questions.

Workers present at any of the Oak Ridge facilities or those involved in the EM project at the former K-25 site may suffer, or may have suffered, long-term health effects, such as cancer, as a result of exposure to radiation, beryllium and a variety of other hazardous substances. Even if your illness was caused by exposure that occurred many years in the past, you may be entitled to compensation for medical bills and other damages. State Workers’ Compensation benefits can cover current and former employees who suffer from occupational illnesses, as well as injuries that occur in a work setting.

Many people do not realize that Workers’ Compensation covers occupational diseases. Even though it may have been years since you last worked, if your workplace environment caused you hearing loss or an exposure you had years earlier has now developed into cancer, you may have a Workers’ Compensation claim. But, you have to act quickly in order to pursue the benefits you may be entitled to receive. If you have suffered a job-related illness in Tennessee, you are entitled to free medical care and an assessment of your vocational disability due to the occupational disease.

The Lawyers of Brown & Roberto help victims of work-related illnesses receive all of the benefits they deserve under our State’s Workers’ Compensation laws. If your job has made you sick, we offer a free initial consultation to explain the law and answer your questions.

What Is an Occupational Disease?

An occupational disease can be any physical or mental illness or condition that is related to your employment. Examples include:

• Post-traumatic stress syndrome resulting from a robbery or assault at work
• Heart attack brought on from physical exertion on the job
• Cancer caused by exposure to radiation or beryllium
• Lung or skin diseases caused by exposure to coal dust or other hazardous materials
• Hearing loss caused by loud noises in the workplace
• Illness caused by exposure to chemicals such as PCBs

If you think you have an occupational illness, you should contact The Lawyers of Brown & Roberto as soon as possible to collect and preserve evidence that your illness is job-related. The Workers’ Compensation insurance adjuster is unlikely to accept your claim without the assistance of an experienced attorney. To protect your rights to compensation, please call The Lawyers of Brown & Roberto today to discuss your case.

If you are injured in an industrial accident, you may be entitled workers compensation benefits. If the accident was caused by a third party (someone who does not work for your employer), you may be entitled to additional compensation by filing a personal injury lawsuit as well as a Workers’ Compensation claim. Many of our clients are injured in car accidents while working for their employer. If this has happened to you, you may have both a personal injury and a Workers’ Compensation claim.

The Lawyers of Brown & Roberto represent workers who are injured in industrial accidents, such as explosions, fires, falls and falling materials. No matter how you were injured, we offer a free initial consultation to explain the law and answer your questions.

Can I Sue My Employer?

Even if your employer or co-worker was negligent in causing the accident, you are generally limited to benefits provided by Workers’ Compensation. These benefits are paid regardless of who was at fault for the accident.

What if My Injury Was Caused by a Third Party?

If your injury was caused by someone who does not work for your employer, you may be entitled to seek additional compensation by filing a personal injury lawsuit. A personal injury lawsuit allows you to recover compensation for damages not covered by Workers’ Compensation, such as your pain and suffering.

Examples of third-party liability cases include auto accidents, injuries caused by a defective machine, and injuries caused by a vendor or subcontractor.

What Should I Do if I Am Injured in a Workplace Accident?

Report your injury immediately but no later than 30 days after the injury. You should complete a form known as the First Report of Work Injury if you are working in Tennessee.

Obtain medical treatment. You should be given a choice of three physicians not associated in practice, near your residence. You are then required to accept treatment from your chosen physician and should not see any other physician unless this physician makes a referral.

Get legal representation. The Lawyers of Brown & Roberto know Workers’ Compensation law and will assist you in getting all the benefits you are entitled to under Tennessee law.

Do I have to pay taxes on my weekly temporary total disability check?

TTD or temporary total disability checks are tax free. Be sure that if you are receiving temporary total disability that you are getting paid at the correct rate. Ask one of experienced workers compensation lawyers to review your wages to be sure that you are receiving all of the temporary total disability you are entitled to under Tennessee law. Your wages are based on your gross pay, that is the 52 week period prior to your injury that is used to calculate your average weekly wage is based on your gross income during that period.

Do I have to pay taxes on my permanent partial disability award?

Permanent partial disability awards are tax free. Talk to one of our experienced workers compensation lawyers to make sure that you are receiving all of the permanent partial disability you are entitled to under Tennessee law. Calculating an injured workers’ vocational disability is complicated and can be based on several factors including the injured workers’ age, education, and work experience. If you would like to review your case with one of our workers compensation lawyers, we are available to schedule a free consultation with you today.