Tennessee Injury Lawyer Blog

Recently, a wrongful death lawsuit was filed against race car driver Tony Stewart. Although the loss of life was tragic, this is going to be a tough case for the family to win. If you saw the news clip, it appears that the young man got out of his car on the race track and walked towards Stewart’s car as it was coming down the track. Apparently, the young man was mad at Stewart for the way he was racing. Regardless, I really believe a jury will have a hard time finding that Stewart is more to blame for the tragedy than the young man who got out of his car and walked towards the oncoming race car.
According to this lawsuit, car driver Kevin Ward Jr. was hit and killed by Tony Stewart on August 9, 2014 during a sprint car race at Canandaigua Motorsports Park. Ward got out of his car after it hit the wall and walked down the track toward Stewart’s car during the caution when he was hit and killed. On September 24th 2014 a grand jury ruled that Stewart would not face criminal charges and Stewart stated that “I know 100 percent in my heart and my mind that I did not do anything wrong.”
This lawsuit alleges that Stewart “wrongfully caused Mr. Ward’s death by acting with wanton, reckless and malicious intent and negligence.” The lawsuit also states that, “As Stewart’s car approached Ward, who was standing on the track, Stewart climbed up, gunned his engine, causing his 700-horsepower vehicle to slide and strike Ward with his right rear tire, crushing Ward and flinging his body an estimated 25 feet down the track.” The lawsuit goes on to claim that Stewart could have easily acted more reasonably and avoided hitting Ward just like all the other drivers did when the passed Ward during the yellow caution flag warning. The Ward family, which is seeking punitive damages, has requested a jury trial. The lawsuit does not specify the amount of damages the family seeks. Stewart-Haas Racing had no comment.

The Ward family stated that “Our son got out of his car during caution while the race was suspended. All the other vehicles were reducing speed and not accelerating, except for Tony Stewart, who intentionally tried to intimidate Kevin by accelerating and sliding his car toward him, causing the tragedy. After learning that he would not face criminal charges Stewart also stated that “I would hope (the Ward family would) understand – maybe they do, maybe they don’t, maybe they never will – that I do care. I’ve tried to be respectful of their process of grieving and not push myself on them. I’m sure they have things that they want to know what happened, and I think it’s important for them at some point to hear it from my point.”
Cases like these are very tragic and often leave the loved ones that are left behind with a lot of pain and unanswered questions. If your loved one has died due to someone’s else neglect, reckless or medical malpractice then it is advised that you contact one of our caring and knowledgeable wrongful death lawyers at the Higgins Firm. We know what a difficult time this must be for your family and we will work with you to help you get any compensation you may be entitled to by law for what you have suffered. We will also work to make sure the party responsible is held accountable for their actions.
Please contact us today online or by calling 800.705.2121 to discuss your legal options.

Many factors can contribute to a car accident. It is not always just the driving of other people that may be involved. If roads are poorly designed or maintained or if street signs are obstructed or damage, these kinds of things can also lead to accidents that involve serious injuries or even death.

A short while ago, The Tennessee Department of Transportation examined the I-40 corridor near mile marker 226 in Wilson County at the request of state and local law enforcement after there were several car accidents involving wet road conditions. This examination included crash data, roadway design plans, and an additional road survey known as Light Detection and Ranging, or LiDAR.

That portion of I-40 was widened not long ago , from west of SR 171 (Mt Juliet Road) to east of SR 109, as part of a design-build contract with Lane Construction Corporation. Design build means that a project delivery method was used that allowed for one contractor to provide design and construction services.

According to the findings of the examination it is believed that the design-build team did not properly account for storm water runoff or the spread of storm water into lanes of travel. The Tennessee Department of Transportation also believes that the project was not constructed properly for the appropriate amount of water runoff. The Tennessee Department of Transportation has asked the design-builder for an action plan to address these issues. Message boards will be posted and used to warn motorists of potential ponding of water during bad weather until a more permanent solution can be found to resolve the issue. A dedicated HELP unit will also be on-site during weather events to shift traffic as needed.

Poorly designed roads, construction equipment, signs, and traffic lights can lead to accidents on any roadway so it is important that drivers be aware of the hazards that wet weather can have on any road. If there is heavy rains or flooding, it is important to use caution when driving because no amount of road signs or road design may be able to prepare you for these conditions. It is also a good idea to remember that car accidents can occur because of these factors even when the weather is not an issue. It is a good idea to always use caution when faced with these types of road conditions. If you or someone you care about has been injured in an accident and you believe a poor road design may be to blame, then you should contact one of our experienced and caring Tennessee car accident lawyers with the Higgins Firm. We will listen to your case and answer any questions or concerns you may have. We will also work with you and fight for you to see to it that you get any compensation you may be entitled to for any suffering, medical bills, loss of income or any other damages you may have due to your injuries. We will make sure the party responsible pays and is held accountable for their actions.

You can contact us online or by calling 800.705.2121 to discuss your case and any questions you might have.

In this case, Eliza Jennings worked until she was in her eighties. Then, she moved into Terrace Nursing and Rehabilitation Center in 2004. According to the lawsuit, Jennings developed severe pressure sores which caused her nerve endings to become exposed and she developed infections such as E Coli. She lost the use of her arms and legs due to them not getting enough motion and she was left sitting in feces and urine. She also had bad skin rashes. The lawsuit also found evidence that the nursing home had a policy to leave its residents in adult briefs for long periods of time without changing them in order to save money on those products.

Jennings’ family filed a wrongful death and neglect lawsuit in 2010. After an eight-day trial, Jennings’ estate has been awarded $18 million. The lawyer for this case stated that, “When she passed away, she was in the condition that no human being should be left in. No one deserves to suffer the way that she did. She was allowed to suffer needlessly. That was the number one thing that the family wanted to see is that no one ever has to go through this type of neglect, ever again.” An employee with Terrace Nursing and Rehabilitation Center said they would not comment on the outcome of the lawsuit.

Nursing homes often do not have enough employees for all the residents or they are improperly trained in how to care for the residents. If you are considering a nursing home for someone you care about then it is a good idea to visit the homes you are considering and check them out. Make sure you talk to the staff about their training procedures, meal plans, and daily schedules for the residents. It is also a good idea to note how the residents seem when you visit. If they seem like they are in pain or have poor hygiene, then you may want to ask the staff additional questions or consider another nursing home. Finally, you should visit your loved one often while they are in the nursing home to check for signs of physical, mental or emotional abuse or neglect such as bruises, scars, cuts, scrapes, your loved one seeming distant or withdrawal or if they seem agitated or worried.

When our loved ones can no longer take care of themselves, we want them to go somewhere where they will be treated with respect and properly taken care of and looked after. Unfortunately, many nursing homes are understaffed and do not provide adequate training for their employees and this can lead to cases of nursing home abuse and neglect. If someone you love has been a victim of nursing home abuse or neglect, you should speak to one of our nursing home abuse lawyers with the Higgins Firm. We will listen to your case and will work with you to make sure you get the compensation you are entitled to by law for the injuries and suffering your family has been through.

If you suspect that any abuse or neglect has taken place, then it is crucial that you contact one of our experienced and compassionate nursing home abuse and neglect attorneys at the Higgins Firm. We know how important your loved one’s care and health is to you and we will answer any questions you may have. We will also see to it that you receive any compensation that may be rightfully yours for what you have suffered and we will work to make sure that the nursing home responsible for the abuse and neglect is held accountable for their actions.

You can contact us online or by calling 800.705.2121 to discuss your case and any questions you might have.

According to a recently filed lawsuit, Donelson Place Care and Rehabilitation Center put patients into immediate danger when the nursing staff failed to follow doctors’ orders to make sure that patients received breathing assistance from physician-prescribed devices. One patient had to be hospitalized and had to have a tube inserted into his trachea as a result of this failure.
During the May 19th through 22nd the nursing home received a revisit inspected where state surveyors cited Donelson Place Care and Rehabilitation Center for violations in the standards for administration, nursing services, social work services and resident rights. Their failure to pass this revisit survey last month resulted in punitive actions on June 4th of this year. These actions include a three thousand dollar fine and being put under a special monitor after a series of quality care failures. These problems began in December according data from the Centers for Medicare and Medicaid Services.


State Health Commissioner Dr. John Dreyzehner suspended new admissions because of a determination that conditions at the nursing home presented a detriment to the health, safety and welfare of residents. The Donelson nursing home did not take questions from The Tennessean and referred inquiries to Ben Adkins, media relations manager for Signature HealthCARE. Adkins stated that, “We are working through the issues and exploring all of our options. We have been in the process of making changes at Donelson. We are committed to continuous improvement at that facility.”
According to the Medicare’s nursing home compare website, Donelson Place Care and Rehabilitation Center has a one star or much below average rating.
If you are trying to decide on the best nursing home for your loved one, you should visit the Medicare Nursing Home compare website to see if the nursing homes you are considering have a good rating for their care and if they have enough beds for all the patients as well as a adequate number of staff per resident. Another step you should take is to visit the home before deciding on one. Do the residents seem happy and well cared for or are they left alone frequently and seem to be in pain? It is a good idea to talk with the nursing home staff about training procedures they have or what kinds of steps they take to prevent injuries or neglect. Once you decide on a home you like, one of the best things you can do to help prevent neglect or abuse from occurring is to visit your loved one often. You can check for bruises, cuts, sores or other physical scarring. It is a good idea to also notice whether or not your loved one seems distant or withdrawn. These can be signs of abuse or neglect.

When you have to make the tough decision to place your elderly loved one in a nursing home, you want to know that they will receive the best care possible. Unfortunately, many nursing homes are understaffed and the staff they do have are overworked. Also, many nursing homes fail to properly train their employees to handle the care that patients may need. If you suspect that your loved one may have been the victim of abuse or neglect while in the nursing home, you should talk to one of our experienced nursing home abuse and neglect lawyers at the Higgins Firm. We care about our clients and will fight on your behalf to make sure you get the compensation you deserve for what you and your loved ones have been through.
If you seen these signs of abuse or neglect, you should speak to the nursing home right away about your concerns. If this does not seem to resolve the issue then you can speak to the state Department of Health. You should also contact one of our knowledgeable nursing home abuse and neglect attorneys with the Higgins Firm. We know how important your loved one’s health and safety is to you and we will do everything we can to make sure you get the compensation you are entitled to and the party responsible is held accountable for their actions.
Please contact us today online or by calling 800.705.2121 to discuss your legal options.

According to this case, Doris Racher and her two sisters installed cameras into their mother, Eryetha Mayberry’s room at the Quail Creek Nursing Home and Rehabilitation Center after they suspected someone at the nursing home of stealing from her. The video revealed that nursing home employees Lucy Waithira Gakunga and Caroline Kaseke forced Mayberry to lie down by pushing on her head and preventing her breathing. Gakunga was also shown shoving latex gloves into Mayberry’s mouth while Kaseke watched.
A lawsuit was filed against Quail Creek Nursing Home and Rehabilitation Center for the abuse and the case went to federal court and the judge announced the verdict on February 13. Mayberry passed away in July 2012, a few months after the video was released. Gakunga and Kaseke were fired and now face criminal charges. The jury found the nursing home guilty of negligence and abuse.

The family stated that, “All in the memory of our mother. All of us fought hard and are just happy that now we can relax a little bit, and mother’s probably smiling. I’m so grateful for the outcome, because we told the truth and the truth always prevails.” Cases just like this one occur all too often in nursing homes all across the United States and even right here in Tennessee. It is crucial that if you have a loved one or someone you care about in a nursing home that you visit them as often as possible. If you notice that your loved one has bruises, cuts, marks, or any other injuries you should notify the nursing home staff right away. It is also recommended that you talk with the staff or the director of the nursing home about their training procedures and what they do to prevent injuries or neglect. These are simple things you can do to help prevent abuse or neglect.

When Tennessee residents and people all across the country have to make the difficult decision to place their loved ones in the care of a nursing home, they want to be sure that their loved one will be properly cared for and looked after. Unfortunately, many nursing homes are understaffed and do not offer what staff they do have proper training. This leads to nursing home residents being abused or neglected. If you have seen bruises or injuries on your elderly loved one or suspect that abuse or neglect has occurred, it is important that you speak to a Tennessee nursing home abuse and neglect lawyer as soon as possible. They will listen to your case and work with you to make sure you get the compensation you deserve for what you and your family have been through.  If you think that your loved one has been the victim of abuse or neglect and you have reported it to the nursing home and nothing has been done, then you should contact one of our caring and knowledgeable Tennessee nursing home malpractice attorneys with the Higgins Firm. We care about our clients and will listen to your case. We will work on your behalf to see to it that you get the compensation you are entitled to for what you and your loved ones have suffered.
Contact us online or call 800.705.2121 for your free consultation to discuss your legal needs and options.

Car accidents can happen to anyone at any time. They often cause serious and even life-altering personal injuries or even the loss of someone’s life. When the accident involves someone who was on the job, this can complicate things even more. If you or someone you know has been injured in a car accident, it is important that you speak to a personal injury attorney at the Higgins Firm about your case as soon as possible.

According to this lawsuit, a Wal-mart truck driver slammed into the back of a limo that was transporting Actor Tracy Morgan and his friends back from a show in June of last year. Tracy Morgan’s friend, “Jimmy Mack” McNair was killed and Morgan suffered head trauma, a broken leg and broken ribs. He is still recovering.

The truck driver, Kevin Roper, of Jonesboro, Georgia, faces several criminal charges, including death by auto, in state court. He has pleaded not guilty. He wasn’t a defendant in Morgan’s federal lawsuit. A criminal complaint stated that Roper was operating the truck without having slept for more than 24 hours. An investigation by the National Transportation Safety Board estimated that Roper was driving at sixty-five miles per hour when he Morgan’s limo. The speed limit on that part of the highway is normally fifty-five miles per hour but had been lowered to forty- five miles per hour on that night due to construction. Authorities stated that Roper failed to slow down for the traffic ahead and had then swerved to avoid a crash but instead his truck smashed into the back of Morgan’s limo.

Wal-Mart reached a settlement with McNair’s two children in January.  McNair, of Peekskill, New York, grew up with Morgan in New York City and was a friend and mentor to him over the years. Wal-mart has now settled its lawsuit over the crash with Morgan. Morgan stated that, “Wal-Mart took full responsibility for the accident, which we greatly appreciate.” Brooke Buchanan, spokeswoman for the Wal-mart company stated in January that, “We know there is nothing we can do to change what happened to Mr. McNair, we’re committed to doing what’s right.”

Limo van passengers Ardley Fuqua, of Jersey City, New Jersey, and Jeffrey Millea, of Shelton, Connecticut, also suffered serious injuries in the crash and were plaintiffs in the lawsuit against Wal-Mart.

Car accidents can cause sufficient personal injuries or may even result in the death of a loved one or friend. If you or someone you care about has suffered serious injuries or even died after an accident, then you should contact our experienced and compassionate car accident and personal injury lawyers with the Higgins Firm. We understand how hard this time is for you and we will do everything we can to make sure you get the compensation you are entitled to for your  pain and suffering that you and your family have been through.

You can contact us online or by calling 800.705.2121 to discuss your case and any questions you might have.

This is a question many people most likely have after taking that first step and hiring a personal injury lawyer after they have been injured in a car wreck. You may be thinking, I have hired the lawyer, now what happens? Hiring a personal injury lawyer to help with your case is a crucial step in getting the outcome that is most beneficial to you; however, there are more things you can do to make the meeting with your lawyer to be even more successful and to make the process as smooth as possible. Here are some of the more common things you should do to help your lawyer be able to make your case as successful as possible.• Tell your lawyer everything you know or can remember

  •  Tell your lawyer everything you know or can remember. Talking about your accident may be embarrassing because you may feel like you did something wrong but it is important that you remember to be as honest with your lawyer as possible and to tell them everything you know concerning your injury case. You are protected by attorney-client privilege, so your lawyer has to keep everything you share with them confidential. It is important to tell your lawyer all the details and events from your car wreck so they can take the facts and figure out the best way to help you. Also, this way they do not find out any information later that can be used against your case.
    • Keep all medical appointments and follow your physician’s orders
    You have obviously suffered an injury if you have contacted a personal injury lawyer, so it is important for your health and well-being as well as for your case if you keep all your appointments and do all the things the doctor tells you to do. If you don’t, this can impact your case in a negative way by showing the other side that you must not be that injured. If they do not think you are seriously injured, they will be able to deny that you need any compensation.
    • Only talk to your lawyer about your case
    If you have been hurt in an accident, it can be tempting to want to tell your friends and family all about your case. However, your insurance company is trying to find reasons not to give you the compensation you deserve and they will try to twist the things you say and do in their favor.
    • Avoid social media websites like Facebook and Twitter
    It can also be tempting to talk or post about your injuries and case online. However, the insurance company will try to use anything you post or share as a way to prove that you are not as injured or suffering as much as you claim. Posting pictures of you dancing with friends or going a trip while you have an injury claim, may impact your case in a negative way.
  • Provide your personal injury lawyer with any documents they may need for your case
    Since you have been injured, there will be paperwork and medical documents that you need to fill out for your case. It is important that you provide your lawyer with these documents as soon as possible so they will be able to meet deadlines for your case and keep your case moving along as smoothly as possible. If your lawyer is not able to receive these documents on time, this will delay your case and also any compensation you may receive.
  •  Cases can take time, be patient
    When you are injured in an accident and need compensation to pay your bills, being patient and waiting can be difficult. It is important to remember that building a case can take time because there is paperwork to do, tests to be performed, and investigating to do in order to prove that you need compensation for your claim. Your lawyer will try to make the process go as easily as possible, but if they do not have time to do all the work that needs to be done, you can lose valuable compensation that you need.
    • Ask questions
    Cases can be confusing and complex, that is why you hired a lawyer to help you. If you do not understand something, ask them. They are there to help you and guide you along the way. It is okay to ask questions or ask for updates. It is important that you know what is going on with your case.
    • Trust your lawyer
    This can be difficult to do when you are injured and you are counting on compensation to help you. However, your personal injury lawyer has the knowledge and experience that is needed to help you. It is important to trust and to listen to your lawyer. They may ask you to do or not to do something in order to help you have the best outcome for your case.

If you have been injured in a car accident, then you should contact one of our experienced personal injury attorneys with the Higgins Firm. We will work with you to get you the compensation you deserve.

Contact us online or call 800.705.2121 for your free consultation.

It is disturbing to hear that a Memphis Nursing Home has so many care issues that its federal funding has been cut and residents forced to move. News sources discovered that the harsh sanction was related to deficiencies state surveyors found during a recent visit. The news source visited the facility in order to speak with an administrator after a concerned family member sent an email about the issue. An unidentified employee asked the news source to leave. The Signature Healthcare Company was then emailed and contacted by the news source.
The Signature Healthcare Company confirmed that beginning on April 11th, it would no longer be paid by the federal government or the Centers for Medicare and Medicaid for Medicare and Medicaid resident care. This is important because many nursing home residents and patients are receiving Medicare and the facilities get reimbursed for their care. The move by the Centers for Medicare and Medicaid seems to be a disciplinary action.
Signature Healthcare’s Media Relations Manager Ben Adkins stated that instead of issuing the facility a monetary fine for the survey findings, the Centers for Medicare and Medicaid decided to cut the funding. “We are working through appropriate channels of recourse to try and get this rarely-used remedy changed, or at least delayed for the safety and well-being of our residents,” stated Adkins. The administrator who answered our questions at the time is no longer in that position at Saint Francis. Officials with the Tennessee State Department of Health would only say at the time, that it was related to an extended, annual survey and multiple complaint investigations.  Adkins states that the company is offering to relocate residents to other nursing homes in Memphis, including Signature facilities until the state finds the facility corrected the violations, at which time the nursing home will be eligible to receive federal funding again. Signature states that it will also transfer some of its staff to other facilities it owns in the area so no jobs are lost. According to Adkins, the company plans to inform the state as early as next week that the facility is back in compliance.
There are many nursing homes that receive fines and funding cuts due to nursing home abuse, neglect, and other violations. There are many ways nursing home abuse and neglect can be prevented. Some of these ways include providing more education and training for the staff, making sure residents that are prone to bedsores are turned or their position is changed often, paying close attention to those residents with certain nutritional or dietary needs, communicating with the family and loved ones about the care that is being given and why. It is also important that family members visit often and watch for signs of abuse such as bruising, scarring, bleeding, or signs that the loved one is quiet, withdrawn or seems easily agitated. It is important that any signs of abuse or neglect be reported.
If you believe that your loved one may be a victim of nursing home abuse or neglect, we strongly advise that you contact one of our experienced and compassionate Tennessee nursing abuse and neglect lawyers with the Higgins Firm. We care about our clients and will listen to you and work with you to see to it that you receive the compensation you may be entitled to for what your family has suffered.
Contact us online or call 800.705.2121 for your free consultation to discuss your legal needs and options.

Making the decision to file for divorce is hard. However, if you feel your marriage is beyond repair, our team of attorneys are here to assist you in the divorce process. If divorce is the right choice for you, below is an overview of how to get a divorce in Tennessee.

LEGAL REQUIREMENTS
In order for a couple to obtain a divorce in Tennessee, you must meet certain requirements. Tennessee law requires one of the parties to be a resident of the state for at least six months.
You must also state your grounds for divorce. In Tennessee, you must state and prove one or more of the following:
• Impotence and inability to procreate since the time of the marriage,
• Cruel and Inhuman Treatment/Inappropriate Marital Conduct;
• Bigamy,
• Adultery,
• Desertion without cause for one year,
• Conviction of an infamous crime or felony,
• Attempted the life of the other by poison or other means,
• Refusal to move to Tennessee without cause for two years,
• Wife was pregnant at the time of marriage by another person without her husband’s knowledge,
• Habitual drunkenness or abuse of narcotics (if began after the marriage),
• Indignities to the spouse’s person,
• Abandonment and refusal to provide for spouse, and
• Separation for two years if there are no minor children.
If, however, both spouses are in agreement as to all terms of the divorce including the divisions of assets, debts and child custody, if applicable, then the parties may proceed under the grounds of irreconcilable differences. This is called an uncontested divorce. Typically, an uncontested divorce saves both parties time and legal fees.
THE INITIAL PROCEEDINGS
After you have met the requirements to obtain a divorce in Tennessee, the initial step is to file a Complaint for Divorce. The Complaint must contain specific language or it can be dismissed. Hiring an experienced divorce attorney will provide you with a less stressful experience.
Once the Complaint has been filed, your spouse will need to be served with a copy of the Complaint. If you do not know the whereabouts of your spouse, you will still need to attempt service, and later on, motion the court for service through publication. After your spouse has been served, he/she has 30 days to file an Answer to the Complaint. A court will not grant a divorce prior to the expiration of the 30 days, regardless of the situation.
If your spouse does not file an Answer, you may motion the court for a default judgment. If the parties agree on the terms of the divorce, they may execute a Marital Dissolution Agreement and Parenting Plan, if applicable, and set the matter for a final hearing. If, however, an agreement cannot be reached, the judge will ultimately decide on the division of marital assets, debts, and custody in a trial.
CONSIDERATIONS IN A TRIAL
If your case is set for trial, having an experienced attorney at your side is invaluable. At trial, the judge will hear all the evidence, testimony from both spouses and any witnesses. When dividing marital assets and debts, the court considers numerous factors, but is ultimately charged to divide the assets and debts equitably, not equally. The court does not consider marital fault in making such a division.
Alimony may be an issue in the divorce proceedings. A court will again look at numerous factors before making an award for alimony. Unlike the division of debts and assets, a court may consider marital fault when making such an award.
If a couple has children, a court will consider many factors when making a determination of custody and visitation. Ultimately, a judge must determine what is in the best interest of the child. Child support generally cannot deviate from Tennessee’s Child Support Guidelines, but can in certain situations to either lower or raise a child support obligation.

We get this question a lot and not to sound like a lawyer but the short answer is: “It depends”.   Basically, you can’t re-open your case just because you are still having problems with your injury.   Also, just because your injury has gotten worse is not by itself grounds by itself to re-open your Tennessee Workers Compensation Case.  It is important to note, however, that if your injury is exacerbated at work you may have an entirely new work comp case so be sure to report it.   Regardless, this brings us to the factor that will often let you reopen your work comp claim.  Specifically, you can often reopen the case if through no fault of your own you lose your job after a workers compensation settlement.  This  is known as reconsideration. Here is how it works.  Under the Tennessee Workers Compensation act, if you were injured prior to July 1, 2014 and are returned to work at the same or greater rate of pay then your recovery was limited.  This provision was put in the act to give employers incentive to bring the injured employee back to work.  It can be good for both parties.  On the one hand the employee will have a job and on the other hand the employer can save some money.  To protect the employee the legislature also put an escape clause which provides that if you lose your job through no fault of your own then you can reopen you case and get the full benefits.  This may include losing your job because of lay offs or if you quit your job because you injury prevents you from continuing.  This doesn’t include your quitting to get a better job or if you are guilty of misconduct like cursing your boss out.  I recently did a show on this topic which you can watch below:

This brings us to our next important factor: TIME.  Like any Tennessee workers compensation case there are time limits.  Generally, you have between 200 weeks to 400 weeks from the date that you returned to work until the day you loose your job for a reconsideration to be available.  This time limit is dependent on whether the original injury was to a scheduled member (i.e. leg, arm) or to the body as a whole (i.e. shoulder or back).  If it was a scheduled member you have the reconsideration right for 200 weeks but if it was a whole body injury then you have the right to reconsider for 400 weeks from the day your returned to work.  Next, after you lose your job you have one your to file your claim or you are out of luck.  Unfortunately, we see a lot of people that get caught by this because they just did not know they had a right to re-open the case.

If you have a question about your right to reconsideration or any other workers compensation matter, please fee free to contact our Tennessee Workers Comp Lawyers today.  We offer free case evaluations on any work comp cases.

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