A work-related injury can be serious. There are certain professions in which they are more common, but being prepared for one can make the road to recovery much smoother. According to the National Safety Council, employees of the following industries are more likely to sustain injuries while on the job:
Construction
Transportation and warehousing
Education and health services
Agriculture, fishing, forestry, and hunting
If a work injury occurs, the affected employee should seek emergency treatment if necessary. Then, they should notify their employers.
However, if the injured worker is not in immediate danger, they should first contact their employer about the next steps.
Nevertheless, injured workers have up to one year to file a claim to receive workers' compensation benefits. This means they must file a Petition for Benefit Determination form within one year of the injury or one year since the last payment of benefits.
Seeing a doctor is a necessity for a work injury. Although employees have one year to obtain workers' compensation, they should receive medical treatment as soon as possible.
Continue reading to learn more about filing a workers' compensation claim in Tennessee and when to contact an attorney.
Benefits Awarded by a Workers' Compensation Insurance Company
Tennessee requires businesses with five or more employees to carry workers' compensation insurance. The construction and mining industries require coverage for just one employee due to its risk. Schuerger Shunnarah Trial Attorneys can answer questions such as, "Is carpal tunnel a work related injury?"
If a work-related accident occurs, then the business can provide workers' compensation benefits through its insurance company to help injured employees maintain their financial stability. It usually covers the following:
Medical Treatment
When a work-related injury takes place, the affected employee can seek medical care. While there is no designated time frame for them to receive treatment, they should do so as soon as possible to avoid complications with the employer's insurance company.
Medical treatment can provide the following information to assist in providing workers' compensation to the injured employee:
The severity of the injury
What treatment is required
If the injury has caused temporary or permanent disability
If the injury should prevent the worker from completing their job duties
Wages
Workers' compensation can help the injured worker with acquiring their lost wages due to the accident. Wage replacement falls under temporary disability benefits. An authorized treating physician verifies whether the disability should prevent an employee from returning to work.
Benefit payments start on the eighth day of disability. An injured worker can recover compensation for every day they must miss work if the disability lasts more than 14 days.
Temporary disability benefits pay injured employees two-thirds of the average weekly salary they earned over the 52 weeks leading up to the injury. If a doctor allows an employee to work with limitations, the injured worker can still recover compensation for a partial disability.
However, failure to comply with doctor's orders under these working limitations can terminate an employee's qualifications to obtain partial disability benefits.
Travel Expenses
Finally, if workplace injuries require employees to travel more than 15 miles for medical treatment, workers can seek reimbursement for their travel expenses.
This is especially important if immediate medical attention is necessary, as there is limited time to find the best care.
What to Do After a Workplace Injury Occurred
Filing an injury claim from a workplace accident can be complex. Following the proper steps can help injured workers receive compensation for their medical expenses and more.
Notify Employer
If the injury does not require immediate medical treatment, then injured employees should first notify their employer. It is best to advise them as soon as the accident happens.
However, for slow-developing injuries, such as repetitive motion injuries, workers should notify their employer as soon as they discover the condition.
The Tennessee government requires most businesses to carry workers' compensation insurance in order to provide health care coverage and more to their employees. Accordingly, workers select an Authorized Treating Physician (ATP) from a couple of doctors provided by the employer.
If the injury is a medical emergency, the employer can provide the selection of physicians after it becomes stable.
See a Doctor
Seeking medical treatment should be a top priority after a workplace accident. If the injury is critical, proper precautions should be taken to transport the injured worker to the nearest emergency room.
Contrastingly, if the injury is not an emergency, the worker can select a physician from the employer's list provided by their workers' compensation insurance. There, they can help victims understand if they must endure medical treatment, take time off, or follow any work limitations.
File a Workers' Compensation Claim
A compensable injury includes any damage sustained by a person while on the job. When they occur, employers handle filing the claim, as they deal with the insurance carrier. As such, employees must notify their employer as soon as possible to obtain the best benefits.
Why Contact a Workers' Compensation Attorney
There are some times when workers' compensation claims can be denied. This usually means an insurance company believes an injured worker did not sustain a compensable injury. Therefore, they cannot seek medical benefits or other payments.
Workers can challenge the decision for denial by contacting the Tennessee Bureau of Workers' Compensation. Working with an experienced attorney can help make the process smoother.
Likewise, Tennessee does not allow employers to fire workers based on their experience with workplace injuries. If employees feel they were let go because of their medical care resulting from workplace accidents, they can seek assistance from workers comp attorneys in Nashville. They can guide victims to file wrongful termination claims.
Contact an Attorney Today!
Work-related injuries can be serious. Workers' compensation helps protect employees from unjust and unsafe labor conditions, so they have a fair chance of earning their wages. There is no foolproof way to eliminate workplace injuries, so workers' comp fills in the gaps.
If an injured worker feels they were not given rightful compensation, they can contact an experienced attorney from Schuerger Shunnarah Trial Attorneys. Our team of legal professionals is accomplished in assisting victims of workplace injuries.
Contact Schuerger Shunnarah Trial Attorneys today because. This law firm's lawyers go to war for their clients!