September 29, 2006

Tennessee Workers Compensation reform failed employees

In 2004 the Tennessee Workers Compensation act was reformed. The bulk of the reform was to lower the benefits paid to workers when they are permenantly injured. Like so many political intitiatives the public was lead to believe that peolpe were getting rich for insignificant injuries.
I have represented workers through Tennessee with regard to on the job injuries.

Under the workmans compensation act it is common for employees to receive a fraction of what they lost in wages because of life changing injuries. However, these clients never had their stories published in the news or broadcast on television. In fact, the only time my cases are picked up by the news are when we successfully obtain a large verdict. I am afraid the public will never read an article describing the modest amount of money a person receives for loosing a limb at work. In fact, in Tennesse if your arm is completely amputed you get a portion of your average pay for 200 weeks.

In addition to reducing the awards for injuries the reform act also restricted an employees access to the courts. Employees cases can take longer. They can lose the right to appeal to the court for denied benefits for significant periods of time. I admit that the Tennessee Comp system was far from perfect before the "reform" but removing benefits from our workers was certainly a step in the wrong direction.

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September 27, 2006

Social Security Disability is tough in Tennessee

The Nashville Scene has recently published an article discussing how difficult it is for the disabled to receive their benefits. Unfortunately, this has been common knowledge for all of us who have dealt with the social security administration over the years. The system is overcrowded, underfunded and understaffed. It will not likely be fixed overnight but it is a problem that needs to remain on the minds of the public. Almost of all of us have all paid into the social security fund and the money should be there when we need it.
Tennessesans should call the political representatives and demand reform. It is easy to locate your federal and state represenatives, congressmen and senators through the internet.

If you are in need of social security disability there are a few things you can do to help your chances of success. Develope a good relationship with your doctor and see him/her on a regular basis. This will create a good medical history and hopefully the doctor will be a good advocate for you if they understand your problems. Also, if you doctor will help statements like "this person is totally disabled" doesn't really help. Have the doctor put specific limitations regarding standing, sitting, walking, etc. I also suggest a face to face meeting instead of applying over the internet.


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