Tennessee Workers Compensation: Eligibility, Filing and Appeals

Workers compensation claims receive management through the Tennessee Department of Labor and Workforce Development. Workers compensation is a form of insurance that compensates employees for medical care expenses when an employee receives an injury on the job. By awarding proper compensation for the employee's care through the workers compensation plan, the employer has a release of all liability of the injury. The employee cannot sue the employer for the injury.

Common Covered Work Related Injuries

Under Tennessee workman's compensation laws, any injury or illnesses that causes the employee to receive medical care, or results in the employee's death, their absence from work, or work related duties is considered a valid injury. A claim should be filed if there is any retention of a permanent impairment to the employee as well, due specifically to on the job injuries. An employee is "at work" when he or she is "on the clock" or providing services to the business or is on a time clock, depending on the type of employee (salaried or hourly).

Filing a Tennessee Workers Compensation Claim

When an employee receives an injury on the job, he or she must report the injury to their employer directly and immediately. All injuries or illnesses must be on report to the employer's insurance carriers using the Tennessee Employer's First Report of Work Injury or Illness form, Form C-20. This must be complete within one day of the report of the injury or illness. In addition, the Injury and Illness Incident Report must be on file with OSHA using OSHA Form 301.

Workers Compensation Claim Denials

Under Tennessee workers compensation claim laws, it is possible for denial of the claim. This may be due to a lack of information on the proper forms, for example. If there is a dispute alleged by the employer, or a state representative, for the claim, it may be denied or may be held pending further investigation.

Appealing a Tennessee Workers Compensation Denial

In cases of a Tennessee workers compensation denial, a complaint may be on file. A Claim for Benefits may be on file directly to the Tennessee Department of Labor. If the claim is significant, or the denial rejected more than one time, it may be necessary to utilize the services of an attorney to file the claim process.

Collecting Tennessee Workers Compensation Benefits

Medical treatment for the employee is available, at no cost through Worker's compensation. It will extend as long as it is physician warranted. Mileage reimbursement to and from medical treatment may also be provided if it exceeds 15 miles. In cases of permanent disability, it may be necessary to come to an agreement or final settlement with the insurance company. Weekly benefits are also available to cover the lost time at work.

In most small cases of workers compensation, lawyers are not necessary. In situations of disputes, significant claims, disability claims or death claims, it is essential to hire a Tennessee workers compensation lawyer prior to signing any documentation. In cases where there has been a denial, contact an attorney prior.