Best Workers’ Compensation Lawyers Memphis, TN Of 2024 – Forbes Advisor – Technologist

Most private Tennessee employers are required to compensate employees who are injured in the scope of their employment. This is generally covered by the employer through workers’ compensation insurance. Below, we explain the legal rights and requirements Tennessee workers are bound to by the state’s workers’ compensation laws.

Who Is Protected By Workers’ Compensation Laws in Memphis, TN?

Most employees in Tennessee are offered workers’ compensation protections. Covered employees are entitled to compensation for work injuries, regardless of whether they were at fault.

Employers must carry workers’ compensation insurance (or qualify as self-insured) in any of these circumstances:

• Employment of five or more employees in any industry
• Operation of a coal mine with one or more employees
• Operation of a construction company

The workers’ compensation law also exempts the following individuals and employers:

• Common carriers subject to federal workers’ compensation laws
• Casual workers not subject to regular employment and independent contractors
• Domestic servants
• Agriculture workers
• State government

Employers can choose to purchase workers’ compensation insurance even if they are not required by law. If you are unsure whether your employer has coverage, contact the Ombudsman Program through the Tennessee Department of Labor and Workforce Development.

Workers’ Rights Under Memphis, TN Workers’ Comp Laws

Injured Memphis workers may be entitled to these benefits:

• No-cost medical treatment. This is treatment for the injury recommended by an authorized treating physician.
• Travel expense reimbursement. Mileage may be reimbursable if you travel more than 15 miles one way to reach a treatment provider.
• Lost wages compensation. Temporary disability payments are available, typically equal to two-thirds of your average weekly wages earned over the 52 weeks before the injury.
• Permanent disability. Compensation based on a partial or full disability that prevents you from working is available.
• Death benefits. If a work accident causes a worker’s death, the worker’s family or estate receives payment for burial expenses and wage compensation.

To obtain and keep benefits, employees need to report their injury promptly, follow treatment recommendations and accept light duty assignments when those are available and compliant with treatment.

Filing Process for Workers’ Compensation in Memphis, TN

If you are injured or become ill from your work, follow these steps:

• Notify your employer. The first thing you need to do is report your illness or injury to your employer. Notice must be given in writing within 15 days of the injury unless you have an excusable reason for delaying. If you fail to give notice right away and your employer isn’t aware of the injury, you may not be able to recover for medical treatment that occurs before the notice.
• Choose a physician. Once you’ve notified your employer, they will notify their insurance provider. To receive medical treatment, you must choose an authorized treating physician. Your employer is allowed to select a panel of three physicians for you to choose from.
• Receive benefits. If your employer’s insurance provider accepts the claim, you should receive benefits directly from the insurance company.

If your workers’ compensation claim is denied, you can file an appeal through a utilization review process. This process must be started within a year of the workplace injury. A workers’ compensation lawyer can help you prepare for this process and represent you in any hearings on your claim.

Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Memphis, TN

In the uncommon case that your employer does not have workers’ compensation insurance, you may have the option to recover compensation through a personal injury lawsuit. This requires you to prove your injury was caused by your employer’s actions or negligence.

You may also have a separate personal injury claim if your injury was caused by a third party, such as if the equipment at work was faulty and caused the injury. Hiring a lawyer who is familiar with both workers’ compensation and personal injury law can help you navigate the line between these different forms of legal action.