Work-related injuries are covered in Tennessee under the "Workers' Compensation Law."

With the exception of a limited number of exempt employers, every employer using the services of five or more persons must provide workers' compensation to its employees. Injuries arising out of the employment and suffered during the course of employment are covered unless they result from the following: (1) willful misconduct, (2) intentional self-inflicted injury, (3) intoxication or illegal drugs, and (4) willful failure or refusal to use safety devices or perform a duty required by law.

If you are injured, you are required to provide written notice of the injury to your employer within 30 days of injury. Failure to give the notice required by statute may result in loss of the right to benefits.

Upon receiving notice of injury, the employer is required to file a report with the State of Tennessee, Department of Labor, and further to provide you with benefits either through the employer's workers' compensation insurance carrier or directly from the employer, if the employer is self insured. The Workers' Compensation Law provides benefits for work-related injury or death. The principal types of benefits which apply in ordinary cases include medical treatment and, if applicable, temporary total disability payments and permanent disability payments.

The employer must give an employee a choice of three physicians, not practicing together, from which the employee can choose his or her treating physician. Failure of the employee to accept medical treatment from authorized physicians may result in the employee bearing the cost of same, and failure to comply with employer's reasonable request for examination or required medical services may result in suspension of benefits.

Medical benefits include medical and surgical treatment, medicine, medical and surgical supplies, nursing services, and dental work.

Temporary benefits are designed to help the injured employee during the recovery period. They serve as a substitute for wages until the employee is able to return to work or until a point is reached where further improvement is not expected. If such a point is reached and the employee is still not able to work, the temporary disability payments will stop and the employee may be entitled to permanent disability benefits, depending on the facts of the case.

If the injury results in permanent impairment according to a qualified physician, the Court can award permanent disability based on the vocational effect of the injury. If the injury results in permanent disability, the injured employee is entitled to compensation for the percentage of loss to the part of the body injured (up to the maximums set forth in the schedule below) in addition to temporary disability. If the injury is not to a scheduled member, it will be assigned disability to the body as a whole.
If the employee sustains an injury or occupational disease which renders the employee totally unable to perform any type of work which would allow an income, the Court may find the employee permanently and totally disabled.

Benefits for temporary and permanent disability are generally payable based upon 66 2/3 percent of the employee's average weekly wage, not to exceed the maximum set forth in the schedule for scheduled members and not to exceed 400 weeks for unscheduled injuries to the body as a whole.

A permanent injury to the following anatomical members will result in a percentage of disability based upon the following number of weeks:

These are maximum numbers for each member. The Court may award a percentage of the number.

For additional information on the schedule, contact the Tennessee Department of Labor, Workers' Compensation Division.

In Tennessee the workers' compensation system is administered by the court system, with the aid of the Workers' Compensation Specialist Program. Workers' Compensation Specialists can, at the request of the employer or employee, or at the request of the Court, assist injured or disabled employees in protecting their rights and obtaining information concerning the Workers' Compensation Law. The Workers' Compensation Specialist can, among other things, conduct benefit review conferences and mediate disputes, but cannot determine the issue of permanent disability.

The Workers' Compensation Specialist has the power to compile information and make a decision concerning commencement of temporary total disability benefits and/or medical benefits. However, the Judge makes the ultimate decision as to whether benefits are properly payable and the extent of benefits. When a work-related injury results in death, benefits are paid to the estate of the decedent or to dependents. In addition, the employer is to pay burial expenses subject to a statutory maximum.

Compensation benefits are not subject to income tax.

Attorneys typically charge a percentage of the recovery or settlement. Attorney fees are limited to a maximum of 20 percent and are paid by the party employing the attorney.

There are certain penalty provisions in the Workers' Compensation Law. If benefits are unreasonably delayed or refused, the penalty provisions may apply. Parties to a disputed claim may have their claim tried by the Court, or they may agree to settle their claim. To be binding on the employer and employee, any such settlement must be approved by the Court.

Close attention should be paid to the claims procedure, even if you have been through the process before, as the hearing process is complex and there are deadlines that, if missed, may be fatal to a worker's claim. Failure to give proper notice can be fatal, and failure to file a lawsuit within one year after the injury occurred or one year from the last voluntary payment of benefits may result in dismissal because of the statute of limitations. It should be noted that employers will almost always have either an attorney, an insurance adjuster, or a service company specializing in workers' compensation representing its interests. Therefore, an employee should carefully consider whether to retain an attorney to be fully apprised of his or her rights.

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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.