Workers' Compensation Attorney in Memphis

As an employee of a business in Tennessee, you deserve certain protections that will cover you throughout your regular work activities. Workers should not have to worry about the financial consequences of an on-the-job injury, and although employees in certain manual labor positions do face a higher likelihood of workplace accidents, injuries can happen to anyone as they work.

Fortunately, most employees in the state of Tennessee are covered by workers’ compensation insurance, a type of coverage designed to pay injury victims back for some of the costs and losses they incur following a workplace-related injury.

With that being said, however, some businesses attempt to deny employees the benefits that they have rightfully earned. When such a scenario unfolds, workers’ compensation attorneys in Memphis, TN, can help.

Taking the proper steps after an on-the-job accident or injury is critical, and failing to do so may result in the forfeiture of the benefits your labor otherwise entitles you to. Still, the procedure for recovering workers’ compensation benefit payments is often complex, which is why it is often helpful to speak with workers’ compensation attorneys about your case.
 
When the accident or injury first occurs, make sure to report the injury to your manager or supervisor right away. (Tennessee law does not require workers’ compensation applicants to submit their reports in writing, but doing so can be a good idea for your records.)

Doing so is critical for the foundation of your workers’ compensation claim, as, under the Tennessee workers’ compensation system, injured employees must report their incident no later than 30 days after it occurs.

Sometimes, however, workers are not aware that they are ill or hurt as a result of their workplace or an injury sustained within. For instance, some jobs require laborers to face long-term exposure to hazardous materials, and occupations requiring repetitive bodily movements may result in the gradual onset of physical harm.
 
In cases like these, applicants should inform their supervisor as soon as they become aware of their injury or illness. Within a day of your report, your employer will be required to fill out Form C-20, also called the “Tennessee Employer’s First Report of Work Injury or Illness.” Following that, they must notify the workers’ compensation coverage provider of the claim.

When you successfully file a workers’ compensation claim, you will be able to recover many of the financial losses you experienced as a direct result of your workplace-related injury. The amount of compensation you can obtain will depend on the specific facts of your case.
 
Workers’ compensation benefits should cover all the claim-related medical treatments you currently need or have needed, including:

• Hospitalizations
• Physical therapy
• Prescription medications
• Travel to medical care facilities
• Doctors’ visits

 You may be, at first, required to visit a physician that your employer chooses, so it is critical that you speak with workers’ compensation attorneys if you are not satisfied with the initial medical assessment you received.
 
Workers’ compensation beneficiaries can also recover temporary or permanent disability benefits. If you are unable to work while you recover from your injury, you will miss out on wages and income that you would normally expect, which can cause significant financial challenges in the aftermath of an on-the-job accident. I

If you are out of work for more than seven days because of your medical condition, you can receive temporary disability benefits. In the state of Tennessee, these benefits are calculated as two-thirds of your average income per week. In 2022, the maximum weekly temporary disability benefit payment was $1,166.
 
Permanent disability benefits are available to victims whose condition is not expected to improve enough for them to resume working at their previous position. These payments are available for workers who are either partially or totally and permanently disabled.

Unfortunately, many employees are denied the benefits they deserve, as employers and insurance providers will often attempt to downplay or deny the damage that results from on-the-job accidents, allowing insurance companies to decrease their losses and boost their bottom lines.
Unscrupulous employers will often contest these claims to prevent their insurance premiums from increasing, but skilled workers’ compensation attorneys can review your case and help you appeal a wrongful denial.

Appealing a denied workers’ compensation claim requires you to file a document called a “Petition for Benefits Determination,” which must be submitted to the Tennessee Bureau of Workers’ Compensation and filed within a year at the latest from these events:

• Your accident or injury date
• The date of your last authorized medical treatment
• Your last benefit payment date

If your appeal is filed early on in your workers’ compensation case, it will be sent to mediation. In cases like these, a Bureau representative will serve as a third party to negotiate a voluntary resolution.
 
Should mediation prove unsuccessful, the case will be transferred to the Court of Workers’ Compensation Claims. You must request an expedited hearing no more than 60 days later, during which a judge will decide whether to schedule a formal hearing.

Formal hearings allow both parties to present relevant evidence to bolster their claims. During a formal hearing, it can help to secure representation from skilled workers’ compensation attorneys.
 
Fortunately, the team of Memphis workers’ compensation lawyers at Morgan & Morgan can help. Our skilled legal professionals have plenty of experience with the workers’ compensation appeals process. We will not rest until we recover the compensation to which you are entitled.

In the state of Tennessee, most employers are required to have workers' compensation insurance, though there are some exceptions to this general rule. For example, certain types of employers may be exempt from the requirement to have workers' compensation insurance.

Some employers with workers’ comp exemptions in Tennessee include:

• Employers with only a small number of workers
• Some agricultural or farm employers, especially family farms
• Some domestic employers, such as those employing domestic servants
• Businesses that employ workers for occasional or sporadic jobs
• Certain types of employers in the construction industry
• Logging industry employers with a small number of employees

Additionally, some employees may not be covered by workers' compensation insurance, as some types of work and employment are exempt from earned benefits, such as:

• Workers classified as independent contractors
• Some seasonal and temporary workers
• Certain agricultural workers or casual laborers
• Some domestic servants
• Certain kinds of salaried employees, including executives and administrators
• Volunteers for non-profit organizations
• Volunteer firefighters

These legal exemptions are not absolute in Tennessee, so if you are curious whether you are covered by workers' compensation insurance, you should check with your employer. You can also speak with the Tennessee Department of Labor or the seasoned workers’ compensation attorneys at Morgan and Morgan.

Workers' compensation attorneys can help you recover your earned benefits in many ways, and the team at Morgan & Morgan can guide you through the process of filing a workers’ compensation claim.
 
Our skilled lawyers will also represent you in any appeals or hearings that may be necessary. Some specific ways our workers' comp attorneys can help you include:

• Advising you about workers' compensation laws and statutes in Tennessee
• Helping you understand your rights and options
• Completing and submitting any necessary documentation
• Collecting evidence to support your claim
• Ensuring that all legal deadlines are met in your case
• Filing a properly drafted workers’ compensation application
• Representing you in any required meetings, hearings, or appeals
• Negotiating with the insurance company or employer on your behalf
• Rejecting lowball or inadequate settlement offers
• Advising you on additional legal action that may be appropriate

 Hiring an experienced lawyer from Morgan and Morgan will increase the chances of your claim being successful. Our accomplished workers’ compensation attorneys will review the facts of your case and help you pursue the benefits you deserve.

Third-party lawsuits, in regard to workers' compensation cases, are a type of legal action taken by an injured worker against someone other than their employer. These lawsuits are viable when another party may also be considered liable for the accident or injuries that occurred.
 
For instance, suppose that you were injured on the job due to a defective product manufactured by a third party. In such a case, you may be able to file a lawsuit against the manufacturer in addition to receiving workers' compensation benefits.

Third-party lawsuits are a type of lawsuit that is separate from workers' compensation claims and are intended to hold another party aside from your employer accountable for their negligent actions.

When you have been injured at work, you may be owed significant financial compensation. Speak with a Memphis workers’ compensation lawyer by reaching out to America’s largest tort firm. At Morgan & Morgan, we will provide you with a free case evaluation when you contact us using our simple online form to pursue the earned benefits to which you are entitled.