Workers’ Compensation Attorneys in Cleveland, Tennessee

How and when do I file my workplace accident claim?

You should notify your employer or a manager as soon as possible after any workplace accident.

Tennessee generally requires written notice of an accidental injury within 15 days. Different triggering dates apply to gradual or cumulative injuries. Tenn. Code Ann. § 50-6-201. The time limit to provide written notice for occupational diseases is generally within 30 days after the first distinct manifestation of the disease, subject to statutory exceptions. Tenn. Code Ann. § 50-6-305.

Keep a copy of the written notice.

The notice should include the name and address of the employee, where the accident happened (the place), how the accident happened (the nature of the accident), the cause of the accident, and when it happened (the time). The notice should state that the accident resulted in injury or death. The claimant or another authorized person must sign the notice.

After receiving notice, your employer and its workers' compensation insurer must promptly investigate the claim and provide the notices required under Tennessee workers' compensation law.

The deadline for filing a Petition for Benefit Determination depends on whether benefits were paid and on the type of claim.

• If no benefits were paid, the petition generally must be filed within one year after the accident.
• If benefits were voluntarily paid, the deadline generally runs from the later of the last authorized treatment or the last compensation payment.
• For an occupational-disease claim, the limitation period generally begins when the disease causes incapacity for work or results in death. Tenn. Code Ann. §§ 50-6-203 and 50-6-306.

What are the stages of a workers’ compensation claim in Tennessee?

The Tennessee Bureau of Workers’ Compensation (BWC) is the state agency that administers the Tennessee workers’ compensation laws.

The stages of a work injury claim are as follows:

• After receiving the applicable notice, the employer and insurer investigate and accept or deny the claim. If the claim is accepted, authorized medical care must be provided. Temporary disability benefits are payable only if the authorized treating physician removes the employee from work or imposes restrictions that reduce the employee’s earnings and the applicable waiting-period requirements are met.
• You have one year to file a formal Petition for Benefit Determination if your employer denies your claim or ends any payments. We can explain when the one-year period starts.
• After you file, there is a mandatory mediation of your claim.
• If mediation results in an agreement, the settlement must be reduced to writing and approved by a workers’ compensation judge before it becomes binding and payment is made under its terms.
• If the mediator does not work out an agreement, the mediator issues a Dispute Certification Notice.
• Unless the presiding judge has already set a hearing, a party generally must file a Request for Expedited Hearing or Request for Scheduling Hearing within 60 days after the notice is filed.

How does a workers’ compensation claim differ from a personal injury claim in Tennessee?

The key differences are these:

• Fault. There is no requirement in a workers’ compensation claim to show that your employer’s negligence or wrongful conduct caused your injuries. In a personal injury claim, you must generally prove that someone was negligent. Some personal injury claims, including certain product-liability and intentional-tort claims, do not require proof of ordinary negligence.
• Medical benefits. In both workers’ compensation and personal injury cases, you can claim 100 percent of your reasonably necessary medical bills.
• Lost income. In a personal injury claim, a plaintiff may seek proven past and future lost earnings, subject to applicable defenses. Tennessee workers’ compensation instead provides partial wage-replacement benefits. Temporary total disability generally equals two-thirds of the employee’s average weekly wage, and temporary partial disability generally equals two-thirds of the difference between pre-injury and reduced earnings. Permanent disability benefits are calculated under separate statutory formulas.
• Pain and suffering. Employees cannot receive pain and suffering damages in a workers’ compensation case. In a personal injury case, employees can seek compensation for every day and every way they experience pain or suffering due to the negligence or fault of the defendant.
• Third-party claims. Employees, independent contractors, and others (such as pedestrians) can all file a third-party personal injury claim, such as a product liability claim, if defective workplace equipment is the cause of the injuries.

Generally, a workers' compensation judge hears workers' compensation claims and juries decide personal injury claims.

Can employers terminate workers who file a workers’ compensation claim in Cleveland, TN?

No. An employer may not terminate an employee in retaliation for exercising rights under Tennessee's workers' compensation law, although an employer may still terminate an employee for legitimate, non-retaliatory reasons.

Continued eligibility for your workers’ compensation benefits depends on the type of benefit, your medical restrictions and work capacity, and the applicable return-to-work rules.

We can explain if you can file a wrongful termination lawsuit on top of your workers’ compensation claim.

I was hurt at Whirlpool or Wacker—what do I do?

Generally, you should give your employer written notice within 15 days after an accidental injury.

Different triggering dates apply to gradual or cumulative injuries, and Tennessee law recognizes exceptions when the employer had actual knowledge or the worker has a reasonable excuse for delayed notice.

We recommend that you provide the notice in writing as soon as possible and before the 15-day time limit, and keep a copy.

You should obtain medical care as soon as possible to help maximize your recovery. For example, workers may seek emergency medical care at Bradley Medical Center Emergency Department located at 2305 Chambliss Ave NW.

Workers’ compensation hearings are held at the time and location stated in the court’s scheduling order.

You should also contact our experienced work injury lawyers.