Workers Compensation
When you are injured on the job and can't work, you need to be able to pay your bills and provide for you and your family. There are laws in Tennessee which require you, as an employee, to do very specific things before you can obtain workers compensation benefits. We therefore recommend that you consult an attorney as soon after your injury as possible.
Employers in Tennessee, with few exceptions, are required to provide workers compensation for their employees. The Tennessee legislature, like many other states, enacted the exclusive remedy rule; that is, an employee, if injured on the job, is limited to compensation that is "no-fault" in nature. It doesn't matter, in most cases, whether you or the employer did anything wrong. There are exceptions to this rule and you need to consult an attorney to determine whether your circumstances qualify.
There are notice requirements and the injury must be "work-related". You may be entitled to temporary total disability benefits during your recovery period and these will continue until your reach maximum medical improvement. If you can prove permanency, you may be entitled to a lump sum settlement. We recommend that an attorney represent you in all of these stages.
Some employers and their workers compensation insurance carriers will dispute whether your injuries were work-related or they may refute your claim of temporary or permanent disability. It may be simply a disagreement regarding the degree of your disability or they may deny your entire claim. Regardless, you have both administrative and legal rights, which you must assertin a timely manner. Craft and Sheppard can help you effectively prosecute your claim.
We work closely with your physicians to establish the extent of your disability. You may need to undergo an independent medical examination to prove your physical limitations.
If your injuries are permanent, your long term ability to work and earn may be affected. This may be a total or partial disability and we will need to work with your physicians and possibly our own vocational rehabilitation experts to establish your disability.
