Manchester, TN Workers' Compensation Lawyers

Who is covered by Tennessee workers’ compensation?

Most Tennessee employers must carry workers’ compensation insurance when they have five or more employees. Construction employers, on the other hand, generally must provide workers’ compensation coverage for their employees regardless of workforce size. As long as part-time, temporary, and seasonal workers are legal employees, they are included.

Disputes may arise over who is covered by Tennessee workers’ compensation. Whether the dispute involves an employee versus independent-contractor status, employers that failed to obtain the required insurance, temporary workers, or staffing agencies, it might be helpful to consult with a Manchester, TN, workers' compensation lawyer.

What deadlines apply to a Tennessee workers’ compensation claim?

Pursuant to Tennessee Code § 50-6-201, Tennessee allows you 15 days to report an injury to your employer. The clock starts on the day of a sudden injury; gradual or cumulative injuries have separate statutory notice triggers. Unless your employer already has actual notice, you generally must provide signed written notice within 15 calendar days. Include the date and time of the injury, where the injury occurred, and any other pertinent details, such as what you were doing when the injury occurred. You don’t have to wait until day 15; you should notify your employer as soon as reasonably possible.

If you have a problem with your claim, you can challenge it by filing a Petition for Benefit Determination with the Tennessee Bureau of Workers’ Compensation. The deadline is generally one year from the date of injury or, if benefits were voluntarily paid, one year from the later of the last authorized treatment or the employer’s last payment of compensation.

How does Tennessee’s panel of three physicians work?

Under Tennessee law, your employer generally must provide a list of at least three qualified physicians within three business days of a reported workplace injury. The panel should include doctors who are willing and able to treat the reported condition. The injured employee chooses one physician from that employer-provided panel and then signs the C-42 Employee’s Choice of Physician form. The selected doctor becomes the authorized treating physician and generally directs the medical treatment, further referrals, and work restrictions. The doctor can also state when a patient has reached maximum medical improvement and conduct permanent impairment evaluations.

If the injured worker desires, they can also receive treatment from another physician, but that doctor will likely be at their own expense.

What can you do if your workers’ compensation claim is denied?

A denial does not necessarily end a workers' compensation claim. Reasons insurers give for denying claims vary and may include:

• The workplace injury was not reported on time
• The injury did not actually happen at work
• The condition you’re claiming benefits for was preexisting
• The medical evidence submitted does not connect the injury to work
• The worker willfully violated a safety rule, which led to the injury
• The worker is classified as an independent contractor
• Treatment for the injury was obtained from an unauthorized physician

If your claim is denied, you will likely receive a Notice of Denial form. You can file a Petition for Benefit Determination to begin the dispute-resolution process. The mediation is conducted through the Tennessee Bureau of Workers’ Compensation. If mediation fails, you’ll receive a Dispute Certification Notice. Then, you can request a hearing before the Court of Workers’ Compensation Claims.