Tennessee Injury Lawyer Blog

Tennessee has a very conservative work comp system. A few years ago the legislature cut these benefits to so that Tennessee workers would receive less for permanent injuries. This was frustrating for employees as the system already only provided modest compensation for injuries. Well the Tennessee legislature is again in the process of reducing the already limited benefits available to workers.

Specifically, the legislature wants to remove repetitive injuries from the Tennessee work comp law. In other words, if you have worked on an assembly line for years using a pneumatic tool all day long and you develop an injury to your wrist or shoulder you would not be covered under the new law. According to the proposed legislation it would just be your problem.

Currently, the benefits for repetitive injuries are to provide you medical treatment and a small check so you can get back to work. If your injury is permanent you may get a small award. Under the new law the worker would get nothing and simply discarded. I am truly at a lost as to how these legislature is completely ignoring their constituents and pandering to big business and insurance companies. If you agree, please call or email your representative today!

Continue reading "Tennessee Government moving to Limit Work Comp benefits even further" »

Since all the automobile recalls recently, many Tennessee residents and people across the country have been concerned or cautious about their safety in their vehicles. Many automaker companies have updated their safety features to make consumers feel safer while driving. However, now the Supreme Court has made a ruling that you can file a lawsuit even if the automaker followed all the safety rules. If you are concerned about your vehicle safety or how this ruling may affect you and your vehicle then you should contact a Tennessee Automobile safety lawyer right away. They will answer any questions you may have and review your case to see if you may be entitled to any compensation.

According to this ruling, the Supreme Court ruled that the Mazda automaker could face a lawsuit even if it met federal safety rules due to not having certain safety equipment in their vehicles. This ruling was made because of a 2002 death which involved a crash of a woman in the second row middle seat of a 1993 Mazda MPV. According to that case, Williamson was wearing the seat’s lap belt, but her family is filed a lawsuit claiming that Mazda was negligent for not equipping the middle seat with a three point lap and shoulder belt.

Federal rules only require these kinds of belts for the outboard seats but give Mazda the option of only a lap belt for the middle seat. The lawsuit states that Williamson was killed when her body was jackknifed around the lap belt. The Mazda automaker claims that it is immune to lawsuits because in 1989, the government gave them the option of a shoulder and lap belt or just a lap belt for the middle seat.

The Supreme Court ruled that the only way Mazda would be immune is if the "significant objective" of the federal regulation was to give auto manufacturers a choice of which seat belts to install.” The more important reason why the Department of Transportation did not require lap-and-shoulder belts for rear inner seats was that it thought that this requirement would not be cost-effective.” This ruling allowed the Williamson family to continue with their lawsuit against the Mazda automaker.

Continue reading "Supreme Court ruled that you can File a Suit Even if an Automaker Met all Safety Standards" »

In Tennessee, the compensation recoverable for a work comp permanent injury is limited if the employee is able to return to work at the same rate of pay. This provision under the Tennessee Workers Compensation Act is in place to get the employer incentive to get the employee back to work. Get the injured back to work and the injury will not costs you so much.

Unfortunately, some employers will return the employee to work just to take advantage of the cap and they will shortly thereafter terminate the employee. To keep this from happening the work comp act will allow a "reconsideration" of the workers compensation case. This allows the employee to re-open the case and litigate it again with the cap being removed. In general a case can be reopened if the employee losses their employment through no fault of their own within 200 or 400 weeks of the original injury (depending on the injury)

Continue reading "What is Reconsideration of a TN Work Comp Claim" »

Since the Depuy and Johnson and Johnson recalls regarding hip implants, a great deal of the focus has been on the surgical procedure that will need to be repeated to replace a faulty or defective hip. However, it is becoming apparent that another area of concern that may be overlooked is affecting a number of victims as well: Cobalt poisoning or cobaltism.
Cobalt poisoning is a bodily reaction to the metal that is breaking down in the hip implants that are the focus of this hip recall. Cobalt poisoning can lead to metallosis, a very serious condition that can lead to a breakdown in the tissue surrounding the hip joint which can reduce the likelihood that a second invasive hip replacement procedure will be successful.

Some of the more severe signs and symptoms that can be associated with cobaltism include:

• Tinnitus
• Deafness
• Visual Changes
• Vertigo
• Rashes
• Hypothyroidism
• Tremor
• Dyspnea
• Heart Failure
• Mood Disorders
• Dementia

These substantial injuries can be a result of the metal breaking down in the defective or faulty hip implant. It is extremely important that your doctor adequately and appropriately tests for the presence of metal in your blood if you have one of the implants in your body. That is true regardless of whether you are currently experiencing more overt symptoms associated with failure of the implant. Additionally, it is important that your attorney is aware of this type of risk when negotiating your claim.

The hip implants in question are as the ASR XL Acetabular System and DePuy ASR Hip Resurfacing System. In August 2010, the DePuy Orthopaedics company, a subsidiary of Johnson & Johnson, issued a voluntary recall of two hip replacement systems.

Continue reading "Cobalt poisoning causing further complications for Tennessee Hip Recall victims" »

The other day on Channel 4 we discussed the Americans With Disabilities Act. If you missed the show and would like to see it here it is:

Continue reading "The Higgins Firm Discusses ADA" »

Tennessee residents and people all across the country want to be able to walk into a doctor’s office or hospital except to get treated fairly and with no problems or concerns. Unfortunately, however, sometimes doctors and medical professionals make errors and mistakes and this may lead to more injuries for the patient. This is why being able to file malpractice lawsuits are so important. However, there have recently been some new bills that are proposing limiting malpractice lawsuits. If you or a loved one have suffered from malpractice or are concerned about how the changes may affect you, then you should speak with a Tennessee malpractice lawyer right away. They will work with you and answer any questions you may have about the new changes and your case.

According to recent news, it has been shown that Republicans in Congress have offered very few new health care proposals. In fact, they have received an old failed measure that would really limit lawsuits brought against doctors for negligence, drug companies, and companies that make defective medical products. The Republicans state that limiting malpractice lawsuits will cut spending costs but what it would really do is protect those medical professionals that end up doing harm to people by practice bad medicine.

It has been discovered and reported by the New York Times that one of the congressman supporting the bill, Rep. Phil Gingrey who is a doctor, actually settled a $500,000 case involving a pregnant women and her appendicitis who Gingrey and other doctors failed to diagnose correctly. This failure caused her appendicitis to burst, resulting a severe infection to the unborn child and the women suffered a stroke and was partially disabled. Dr. Gingrey was also involved in three other malpractice lawsuits.

Continue reading "Sponsor of Malpractice Bill Is Target of Many Suits Himself" »

Pursuant to the Tennessee Workers Compensation Act both sides must submit to a benefit review conference (BRC) before a workers compensation lawsuit can be filed. I do not always like the fact that it is mandatory but I must admit the system has proven me wrong on occasions. I say this because often I have had workers compensation cases that I believe there is no way to settle the case and I just want to file the work comp lawsuit and get the case moving. However, on more than one occasion we have been able to work out a reasonable settlement at the department of labor during a BRC.

Here is how they work. In one room you will have the employee and their attorney. In the other room will be the lawyer for the insurance company/employer and a person with authority to settle the claim. The state of Tennessee will provide a specialist who will try to work out an agreement between the parties. The specialist will go back and forth between the rooms and discuss the strengths and weaknesses of the case. The specialist will attempt to help both sides see the entire case more clearly. As work comp lawyers, we are trained from the start to be zealous advocates. This is great in a courtroom but can be difficult when trying to settle a work comp case. This is because both sides tend to feel strongly about their positions and just do not want to give. With the help of a mediator, however, reasonable compromises can be found.

Continue reading "What is a TN Work Comp Benefit Review Conference" »

I get this question a lot. The honest answer is there is no answer. Some cases finish fairly quickly and others can take a couple of years. On average in Tennessee, if a workers compensation case does not settle it will take about a year and a half to get to trial. Unfortunately, it just takes time and work to get a case ready for trial. It is not something you can rush.

Here is what is involved. After you have been released from your workers comp doctor and obtain an impairment rating you must have a benefit review conference (BRC) with the opposing side. This is basically a mediation that is conducted by the Department of Labor of the State of Tennessee. Probably about 70% of the cases get resolved at this juncture. As such, if your work comp case is completed at this section then your case is over fairly quickly. If you are unable to reach an agreement at the BRC then the next stop is litigation.

Once a lawsuit is filed the other side has thirty (30) days to answers. The parties then generally trade written discovery. This will take another couple of months. After the written discovery is completed depositions of parties, witnesses and doctors are conducted. Once all of this process is completed the case can be set for trial. Sometimes a trial judge can set your case quickly and sometimes their docket is very busy.

The bottom line is that you just have to be patient. I know this can be difficult but if you do not build the case or want to just settle early you will likely not be getting the full value of your claim. Also, just because it is taking time does not mean that your lawyer is not working. Feel free to ask them what has been done and what else needs to be done. They should be able to tell you their strategy and give you a rough timeline.

Continue reading "How Long Should a Tennessee Work Comp Case Take?" »

If you are trying to find an attorney to represent you in a workman's compensation case there are a few basic questions that you should ask. These questions include:

-What is the lawyer's experience with workers compensation cases In other words, how long have they practiced work comp law, how much of their practice is dedicated to workers compensation and approximately how many cases have they handled?

-Will the lawyer advance all costs associated with the lawsuit? This would include filing fees, expert witness fees and court reporter expenses.

- Find out of the lawyer represents employers/insurance companies or employees.

In addition to these questions it is important you that are comfortable with the work comp lawyer. Some lawyers are just a better fit for you and your type of case.

Continue reading "Tips to Finding a Tennessee Workers Compensation Lawyer" »

Rick Piliponis from our firm was recently interviewed as to how you can determine the value of your Tennessee Workman's Compensation Case. For some basic insight into this issue please feel free to watch.

Continue reading "Rick Piliponis from The Higgins Firm discusses the value of TN Work Comp Cases" »

Tennessee residents and people all across the United States have heard about the hip recalls and many even know someone who has suffered because of it. However, many patients may not realize that release forms given out to them or help hotlines that they contact could potentially be used against them if they file a claim or lawsuit about their defective hip. If you or someone you love has suffered pain and problems or needed additional surgery due to a defective hip implant, then you should speak with a Tennessee hip recall and defective product lawyer right away. They will help make sure you receive the compensation you need for your pain and suffering.

Recent findings have shown that the Depuy Orthopedics Company a division of Johnson and Johnson has been using two methods to get information from their patients that may be used against them later. These methods include their telephone hotline that was established so that concerned patients could call up and ask questions about their hip implants and medical release forms given out to patients that ask for medical records and other evidence that is not the property of the Depuy Company. This hotline may seem to benefit patients but the employees on the line have been told to get specific information from a patient that the company can use to protect themselves later if a lawsuit or claim is filed. By signing medical release forms given out by the Depuy Company, patients are giving the company confidential information about their hip implant as well as their surgeries that could be used to benefit Depuy in a lawsuit later.

These hip implants have been shown to fail in twelve to thirteen percent of cases in the first five years. These hip implants can also cause patients to suffer from dangerous and life-threatening symptoms such as metal poisoning. It is important that patients and family members be aware that they may be giving away crucial information that may help them win their case.

Continue reading " Depuy Help Hotline and Release Forms Could Be Used Against Hip Recall Patients " »