Tennessee Injury Lawyer Blog

Under the Tennessee Workers Compensation Act an employees recovery for a work injury is limited to 1.5 times their impairment rating if the employee returns to their pre-injury employer at the same rate of pay. I will admit that I do have mixed feelings with regard to this law. I do appreciate the fact that it encourages an employer to rehire the injured employee. Unfortuanlty, the compensation available under the comp act is already so limited it leaves an employee with such a nominal monetary award for a permenant injury that it is simply not equitable.

The law also has a safety provision that allows the employee to reopen the case if they loose their job within a certain period of time. For example, if a person has a shoulder or back injury and their compensation is capped becuase they return to work they may reopen the case if they loose the job within 400 weeks of the return to work date. Well the legislature just enacted an exception to this reconsideration right.

Specfically, if the employer reduces the injured employee's pay that employee may not reopen the case if it is the result of an economic downturn. To ensure that this is truly a pay reduction because of an economic downtown and not a punishment for filing a work comp claim the law states that atleast 50% of the employees working for the company must also have ad a pay reductions. It will be interesting to see how this turns out.

Continue reading "New Workers Compensation Law Limits Tennessean's Right to Reconsideration" »

When we get hurt at work, many of us may know that we are entitled to compensation, but there are still many questions such as: how does the process work, how much compensation do I receive, what kind of paperwork do I need to have, and many more. When we are hurt we just would like to know that our injuries will be well taken care of. The best way to do this is by hiring a Tennessee Worker Compensation attorney, but you may think the process is difficult. Here are some tips to help make the process a little easier and to help get you the compensation you deserve.

First, friends and family and even coworkers are a good first place to start when trying to find and hire the best Tennessee Worker Compensation attorney. They may have gone through the process or know someone who has and may be able to offer you a good reference. You may also be able to look in the phone book or contact your Tennessee Bar Association for a good worker compensation attorney for your specific case.

Once you find some possible choices, it is a good idea to do your research. Go online to their website and see how many years they have been working and how much experience they may have with workers comp cases. It may also be helpful to read any articles on their website that deal with worker compensation laws and cases. Finally, it is highly recommend to contact them by phone and ask any questions you may have.

When meeting with the Tennessee worker compensation attorney it is a good idea to notice how easy they are to talk to, how genuine they seem, and how much experience they have in handling cases similar to yours. It is also a good idea to ask for references if they have any available. Finally, it is important to discuss cost and fees if they were to handle your case.

These tips can really help you to handle the best Tennessee Worker Compensation attorney possible. The Worker Compensation attorneys at the Higgins Firm are very experienced in these cases and we care about getting you the compensation you deserve to get your life back in order.

Continue reading "Ways to Hire a Tennessee Worker Compensation Attorney" »

It has just been reported that the Trane plant in Clarksville, TN will layoff 113 employees. A layoff is never easy but it can be especially difficult during the holiday season. Hopefully, as the economy picks up the company will be able to bring some of these employees back to work.

The employees will receive some help through unemployment benefits. Also, if any of the employees have had a prior workers compensation claim they may be able to reopen the claim and get more money. Specifically, in Tennessee if you have a workers compensation claim the amount of money you receive is often capped if you return to your same employer. However, if you later loose the job through no fault of your own the case can ofter be reopened to get money above the cap. This is known as reconsideration.

Continue reading "Tennessee Trane Employees may be able to re-open prior workmens compensation cases" »

The Smithsonian settled an asbestos lawsuit with a former employee for $233,000 and health insurance after the museum’s worker was diagnosed last year with asbestosis. The employee, Richard Pullman, 54, worked for 28 years at the museum, installing exhibits. This required drilling and sawing interior walls containing asbestos, a risk Pullman and other workers were first made aware of in 2008.

A Smithsonian spokeswoman has said that the settlement is not an admission of guilt, an odd statement given that Mr. Pullman has worked the majority of his life at the National Air and Space Museum and that inhaling asbestos, speaking realistically, the only cause of asbestosis.

Initially, Mr. Pullman was denied a worker's compensation coverage claim for asbestosis, though he would win on appeal. He is now allowed worker's compensation for treatment of asbestosis-related injury and benefits if he becomes disabled or dies from the disease.

Continue reading "Asbestos Lawsuit Settlement with
Smithsonian Sheds Light on a National Workplace Cancer" »

http://www.hhpfirm.com/lawyer-attorney-1053037.htmlLast week a had a workmen's compensation trial in Nashville, TN. The issue was whether or not my client was an employee or independent contractor. Unfortunately this is an issue that i am seeing more often throughout Tennessee.

The basics of my case involved a worker who was employed as a cleaning lady. She was told by her boss where to be, what to do and how to do it. Her employer had significant control over the working relationship. However, when my client began working for the company they had her sign several papers including a paper that said she was an independent contractor. My client had no idea that by signing this paper she was potentially giving up rights to overtime pay, workers compensation benefits and other employment benefits. Subsequently she fell from a ladder at work and sustained a fractured leg which required extensive surgery. Her benefits were denied under the TN work comp system and she was left with thousands of dollars in medical bills and no pay to support her family. This was all denied because she signed the independent contractor agreement.

Fortunately at trial we were able to prove that just because the employer calls you an "independent contractor" it doesn't mean that you are one. The law allows the court to view the working relationship as a whole. After doing so in our case the court agreed that my client was an employee and she was able to get all her benefits. It is just unfortunate that she had to go through this entire situation because her employer attempted to escape the work compensation system.

Continue reading "Recent Tennessee Workers Comp Trial" »

There are parts of our workers compensation system that I really like and there are parts that I do not like. One benefit that is wonderful when it works correctly is the right to lifetime medical benefits for your workman's compensation injury. Basically, in Tennessee if you sustain a permanent injury as the result of a work accident you are entitled to medical benefits for that injury for the rest of your life. Unfortunately, the insurance carriers will often deny these benefits by claiming the needed medical treatment is not related to the original injury.

If you had a TN comp injury and now need medical treatment for that injury it is very important that you have good communication with your doctor. The approval of these medical claims will usual rise and fall based upon your doctor's opinion as to whether the need for treatment is related to the original injury. As such, if you are anticipating future treatment do not wait until the last minute to see your work comp doctor. Be sure to visit when needed and discuss any progression in symptoms and build your relationship. If you are honest and straight forward with your doctor they will usually stand by you if the insurance company turns down your claim. So much if your case will rest in their hands so keep that relationship strong.

It is also important to note that if the workmen compensation insurance company denies the medical benefits and a court finds the denial to be in error then you will be awarded attorney fees. As such, our office is able to take these cases without charging the client. We only get paid if we win the case. Of course, that also means we need to feel good about being able to win a case before we accept them. These cases can be expensive to try and very time consuming so most attorneys want good medical documentation supporting the need for treatment and relating the need to the original comp injury. Without that medical support they are hard to win. So again, do your best to create a strong working relationship with your doctor. It will help you, your lawyer and the Court will have a better understanding of your medical needs.

If you have any questions, please feel free to contact my law office.

I have been handling workmans compensation cases for almost 20 years now. One thing I have seen over the years is that workers seem to get less and less for their permanent injuries. The latest attack on these benefits has come in the form of a impairment guideline known as the The AMA Guides to the Evaluation of Permanent Impairment, Sixth Edition.

In Tennessee, doctors are required to use this guidelines to establish a percentage of medical impairment for permanent injuries sustained from 2008 forward. This impairment rating is tied directly to the amount of compensation a person receives for a work injury. The higher the impairment the more money will be received. This is very important as that money is to make up for a person loss of income because of their disability. It is used to feed their families, obtain new training and to help survive financially. Unfortunately, the impairment ratings given under the new guidelines is almost always smaller than previous editions. This can costs an injured worker thousands of dollars. Also, with caps that were placed on these awards by our legislature a couple of years ago the amount of compensation for serious work injuries is often tragically low and provides very little security for our workers. Of course, insurance carriers continue to make millions on these insurance polices.

You don't always need a lawyer in a workers compensation cases but it is always smart to talk to a lawyer before resolving your case. It usually runs about 50/50 on the injured workers I talk to as to whether they need an attorney. If you just aren't sure or have a question feel free to send me an email or contact me at TN law office. We handle cases across the state.

The TN legislature made an important change to the Tennessee Workman's Compensation Law. Specifically, compensation is limited in work comp cases if the employee returns to work with the pre-injury employer at the same rate of pay. However, the employee can re-open the case for more money if they lose their job within a certain amount of time from the settlement. To do so, you must file the claim for reconsideration within one year after the loss of employment. Unfortunately, our Court ruled that if the employer sells the business the one year time limit starts to run. This is true even if the employee continues to work for the new employer without any changes. This was very tricky because often employees do not even know a business has been sold or they never consider reopening a case because they are still at work making a good living. We would often have people call our office to reopen a case after a layoff or termination and they would have no idea that the time to file for reconsideration ran long ago because their company had traded hands in the past. Thankfully this problem has now been fixed.

To fix this problem the legislature has enacted the following law:

Reconsideration of a Prior Workers Compensation Claim

This law prohibits reconsideration of a prior permanent partial disability award/settlement pursuant to T.C.A. § 50-6-241 in those instances where the ownership of the employer and/or business changes but the employee continues to be employed by the successor business with the same or higher rate of pay or the employee declines an offer of employment with the same or higher rate of pay. This applies to workers compensation claims that occur on or after July 1, 2009.

If you have lost your job within the last year and had a prior workmen's compensation claim please feel free to call our Tennessee Law Office to discuss your rights. We handle work comp claims across the state. You can call us at 800.705-2121.

With the unfortunate news of more layoffs from another large company, Circuit City, it is important for all Tennessee employees to be informed of potential help they may have in these hard times. One benefit many employees are unaware of is the ability to reopen an old workers compensation claim if you are laid off. As such, if you had a prior workerman compensation claim and you are being terminated due to the economy you may be able to reopen you claim.

If you think this may apply to you, feel free to call our Nashville, TN law office with any questions you may have about TN workers comp claims.

The Tennessee Supreme court recently attempted to clarify an issue we often see in workers compensation cases. This issue arises when someone has a pre-existing problem, such as arthritis, and a work accident causes the condition to become worse. The issue becomes is the now work related pre-existing injury that is not covered under the TN comp act or is it compensable.

In an attempt to clarify the issue the supreme court stated that for the work injury to be compensable there must be a progression of the underlying condition. Specifically, the court held: "if the injury advances the severity of the pre-existing condition,or if, as a result of the pre-existing condition, the employee suffers a new, distinct injury other than increased pain, then the work injury is compensable."

The difficulty in many of these cases falls on having a doctor testify that the condition has become worse. Often they will say the condition is only more painful. This new case will have an interesting and uncertain impact on increased pain cases. There were cases that said if the new injury caused an asymptomatic condition to create disabling pain then it is compensable. This new case seems to dance around that specific issue just a little. So we will now have to see how the lower courts, the doctors and lawyers deal with this new clarification of a confusing section of the Tennessee Workers compensation act.

If you have a workmans compensation case that was turned down as a "pre-existing or degernative condition feel free to contact my office to discuss. Generally, we can order and review your medical records to determine where you stand. If you would like for us to review your case just contact our Nashville Law Office.

This week alone more than 1000 workers in Tennessee have lost their job. Many of my prior workers compensation clients have called to see if there is anything that can be done other than unemployment benefits Sometimes we can give these folks some more financial help.

In addition to unemployment benefits you can often re-open your workers compensation case to obtain additional compensation. Specifically, as many know your comp award is limited if you return to work for the same rate of pay. However, if you loose the job within a certain amount of time you can reopen the case to go beyond the cap. Because of the poor economy we have filed many new reconsideration claims. It will not got your job back but it can help in these tough times.

If you have lost your job and had a prior workmans compensation claim feel free to call or email my office to see if we can help. We handle workman's compensation cases throughout TN.

Continue reading "Tennessee Workers May re-open their work comp claim" »

This week I tried a fairly unique worker's compensation case in Nashville. My client is a strong hard working lady who has been employed in a hospital all of her working life. After years of working in the hospital my client developed a severe latex allergy. In fact, she became so sensitive to latex that if she touched any object that another person had touched wearing a latex glove she would have a reaction. The reaction would cause her heart to race, her throat would swell and she would began having difficulty breathing. Immediate medical care would be required or should would go into anaphalyctic shock. Obviously, because of this allergy she was eventually forced to leave her job at the hospital. She is currently working in retail for a fraction of her prior wage.

Here is were it becomes difficult. In Tennessee, a workers comp award is based largely on the physical impairment given by your doctor. Impairments are based upon the AMA guidelines. There is no clean way to give my client an impairment under the guidelines. Does that mean she is less impaired than others? Of course not. However, because of the rigidity of the law it is difficult for the Court to give a fair award as in general all awards are based upon the doctors medial impairment rating. Cases such as this one demonstrate the need to give the Court more flexibility in their rulings. I have no doubt the Court will reach a fair ruling in this case but it will take a creative ruling. I will let you know the results of the ruling when it arrives.

As a result of our struggling economy many Tennessee Workers have been laid off from work. In fact, over the past couple of months Whirlpool, GM, and Summit have announced layoffs and closings leaving hundreds of Tennesseans without employment.

One benefit that many of these workers may have that they are unaware of is they can often reopen old workmans compensation cases to obtain more money for their injuries. In Tennessee work comp cases are capped if a worker returns to the same employer at the same wage after the injury. However, he or she lost the job to no fault of their own they can ofter reopen their cases for more compensation. There are certain time limits that apply but a lawyer will be able to help you with these issues fairly quickly.

If you had a prior compensation claim and have lost your job within the past year through no fault of your own, please feel free to contact our office to discuss your rights.

It seems that my office is seeing a bigger trend of employers classifying their workers as "independent contractors" in an effort to avoid providing benefits. We often see these cases when someone is hurt on the job and they are denied Workman's compensation benefits upon the grounds that they are an independent contractor. Unfortunately, the classification as an independent contractor is often given incorrectly and was only given in an effort to escape these benefits.

It is important to know that even if you sign an agreement stating you are an independent contractor you may not be one. The law in Tennessee looks at not what the employer calls the worker but the actual control the company has over a worker to determine if he or she is independent contractor or an employee. In order to determine the extent of the control the following factors are considered:

A. the right to control the conduct of the work
B. The right of termination
C. The method of payment
D. The freedom to select and hire helpers
E. The furnishing of tools and equipment
F. Self scheduling of working hours
G. The freedom to offer services to other entities

The more of these factors which exist allowing the employer to control the worker the more likely a worker is an employee. As such, if you are hurt on the job and were denied workman compensation benefits on the grounds you are an independent contractor, please contact a lawyer to be sure your the denial is legal. You may call or email my office with any questions.

Aluminum manufacturer Aleris International Inc. announced that it will close its alloy facility in Shelbyville, Tenn. Unfortunately, this is just another plant closing in Tennessee.

It is important to note that some of the workers who lost their jobs and have a previous workman's compensation claim may be able to re-open their case. These folks need all the help they can get and this is one area where the work comp law may give some relief.

If you have recently lost your job and had a prior worker's compensation claim in Tennessee feel free to call my office to see if your case get be reopened for more compensation.

There are many considerations in determining the value of a workman's compensation claim. One of the most crucial factors is whether the "cap" applies. The is a limit in Tennessee on an award if the employer goes back to work for the same employer. Basically, if an employee returns to work for the same employer, making the same or greater hourly wage as before the injury, then their permanent disability is limited to no more than 1.5 times your medical impairment rating. This was placed as an incentive to have an employer return the employee to work.

It is important to note, however, that there are many situations where a workers compensation case can be reopened if the employee later losses his job. This is know as a right to reconsideration under the TN comp act. There are time limits to the right. The the right to file for reconsideration of the award must be done within 200 or 400 weeks of the return to work, depending on the type of injury. For instance a back injury there is a 400 week time limit but a leg injury is only 200 weeks.

If you have recently lost your job and had a prior workers compensation settlement you need to check your right to re-open your claim. Feel free to call my office to discuss.

Asbestos. For nearly a hundred years in America, this building material and insulator has caused lung damage in construction workers, shipyard and factory workers, mechanics, electricians, and many others in American workforce. And for over three decades, asbestos attorneys have helped victims of this dangerous fiber recover monetary awards to help pay for past and ongoing medical treatment and their loss of good health.

Last week, a new legal precedent was set by Washington State Court of Appeals that would allow victims of nonworkers—such as spouses, children, and others who suffer from the asbestos fibers—to have their day in court.

The injured in this particular asbestos lawsuit was the wife of a paper mill worker who was exposed to the asbestos fibers every time she washed her husband’s uniform using, as she always had, a hand-turned wringer. She was diagnosed four years ago with mesothelioma, a fatal form of lung cancer that caused almost exclusively by asbestos fibers.

Asbestos can be found in a variety of products including fire and heat insulation, automotive brakes, cements, gaskets, floor tiles, and various other products and materials. When these materials are manufactured, installed, shaped, reshaped, or repaired, fibers can come loose and remain airborne for weeks.

Mesothelioma and other asbestos-related injuries do not develop immediately. Sometimes it takes years or decades for the injuries and conditions to manifest. Many times those injured by asbestos will not remember when or how they were exposed. But now those suffering asbestos injuries from their loved one’s workplace exposure have a shot at recovering their losses.

Contact the Higgins firm if you suffer from mesothelioma or suspect other related asbestos injury. Working with experienced asbestos attorneys can help reveal when and how you or a loved one might have been exposed to asbestos fibers.

The Tennessee Supreme Court recently addressed an issue that has been the source of significant confusion throughout the years. In general, an employee has one year to bring a workers compensation lawsuit. This time runs from the date of the injury or the last date of workers compensation benefits are provided. A difficult problem arises, however, when an employee suffers a gradual injury such as carpal tunnel syndrome or a back injury that occurs over time. The old case law said that the statute of limitations would begin to run when the employee knew or should have known they had a work related injury or the last date worked. It was very difficult to prove when an employee "should know the have a work injury."

The court has now narrowed the test. The time now begins to run based upon the last day worked doctrine. The Court believes that if the injury is so bad an employee has to miss work the should know that they have a serious work related injury. Workmans compensation is a remedial statute and the court feels this is a more forgiving law for the workers.

This week seven workers were severely injured when the scaffolding they were working upon fell. I have been litigating workers' compensation cases for over 15 years, and I can't remember a year when I didn't have several cases involving people injured while working on scaffolding.

The Occupational Safety and Health Administration estimates that 65% of construction workers use scaffolds frequently, so it is not surprising that some of the most common accidents at construction sites involve scaffolds. These accidents are typically the most serious in terms of injury severity, and can result from construction workers' falls from defective, improperly installed, or unreasonably safe scaffold equipment.

Because of the limitations on compensation for workers' compensation claims, it is imperative to discover the cause of these accidents. Often there are third parties that may be responsible for the employee's injuries. If a worker has permanent injuries it is important that he/she receives sufficient compensation to care for him/herself and his/her family. As such, every avenue must be explored. Of course, the best answer is for the employer to take sufficient safety precautions before the accident ever happens. Employers should ensure that the scaffolding is assembled properly, and that protective measures are in place to prevent objects from falling onto workers from scaffolds, lifts, and ladders.

The United Health Foundation just published their current findings about the state of Americans’ health in America’s Health Rankings™: A Call to Action for People and Their Communities. According to this annual report, nearly every state in the union is healthier than Tennessee. Coming in 47th place in a race based on several factors, Tennessee as a whole has a greater combined prevalence of obesity, smoking, infectious disease, cardiovascular deaths, infant mortality, child poverty, immunization rates, workplace deaths, and auto deaths than all states besides Louisiana, Mississippi, and South Carolina. While our state’s low health rank is due in part to unhealthy choices by people, such as smoking, many of the factors contributing to our poor health are outside of the control of individuals.

It is particularly shameful that the state of Tennessee, whose economic engine runs largely on the work of laborers, outdoes most other states in its volume of workplace deaths, many of which go unreported by the news. Just a couple weeks ago, 42-year-old Jonathon Horton died shortly after he was injured in an explosion on the job at the Rollex aluminum manufacturing plant in Jackson, Tennessee. The accident is currently under investigation, but Horton’s death is one of the many every year that contributes to Tennessee’s low health rank. His death is also one of the many occupational deaths that other states produce goods without.

Accidents like Jonathon Horton’s need to be investigated thoroughly and the responsible companies must take action to avoid such deaths in the future. But if we ever hope to have a healthy, and living, workforce and state, it is imperative that Tennessee and its industries prioritize safety in the workplace before stories like Horton’s are told. Our firm will continue to bring these cases to light.

A chemical plant near Boston exploded last night. Luckily, nobody died or was seriously injured, but many fires were still burning hours after the explosion, and at least twenty nearby homes were damaged beyond repair. Closer to home, employees at the Watts Bar Nuclear Power Plant in East Tennessee noticed early yesterday morning that they might have a leak of radioactive cooling water inside the plant. As a protective measure, the Tennessee Valley Authority declared the possible leak an “unusual event,” the least severe federal classification for nuclear power plant problems. Concerned with the report, the superintendent of nearby Meigs Counry Schools sent his pupils home for the day. In doing so, he implemented the first nuclear-related evacuation since the 1979 accident at Three-Mile Island.

Although it was ultimately determined that this “unusual event” at the nuclear power plant was really just a miscalculation, news of the evacuation has made it everywhere from Tennessee to Australia to South Africa. Watts Bar President Mike Skaggs states in several of those news stories that there was never a danger posed to workers or community members and that the school evacuation was unnecessary. But the presence of both the school evacuation report and the Boston chemical plant explosion story in papers across the globe tells a different truth than Mr. Skaggs did: whenever you are working, learning, or living close to industries with high levels of chemical and radioactive materials, you are in a potential danger zone, and reporters all over the world are aware of this.

There are many federal regulations in place to minimize the risks associated with working and living in and near such industries, but they are not always adhered to. The most hazardous aspects of chemical and nuclear plants are the invisible effects they have inside our bodies. Invisible, that is, until cancers and other irreversible conditions take over our systems.

If you work in an industry with high levels of chemicals and/or radiation, your employer is responsible for protecting you from the associated workplace hazards. It is up to you to make sure he or she does not allow an “unusual event” to become a deadly one. If you believe that you have workplace-related health problems, do not hesitate to get the health care and legal representation you deserve.

A young worker employed by Southern Medical Disposal, a medical waste disposal facility on Cement Plant road in Nashville, died last Thursday as a result of an on-the-job accident. The 21-year-old man slipped at work and attempted to brace his fall by grabbing onto a heavy object. Rather than helping the worker stay upright, the object fell on him. The resulting internal injuries were irreparable, and the young man died.

This Tennessee man, whose name was not mentioned in news reports, was one of almost six-thousand people who died from work-related injuries in the United States in the last year. Although he is nameless to the media, his untimely death has certainly affected the many individuals who loved and called him by name.

Six-thousand dead workers are six-thousand too many, but they are just a fraction of the 4.2 million people who are injured on the job every year in the United States. They are just a fraction of the 4.2 million individuals whose very livelihoods, sense of self, and physical abilities are forever changed and, for some, destroyed, as a result of mishaps in the workplace. Employers have a responsibility to provide workman’s compensation to each of these injured people. While some companies do honor those commitments, the confusing nature of Tennessee Workers Compensation Law allows many employers to get away with inadequately providing resources for their injured employees.

If you or someone you know has been injured on the job, do not hesitate to question the quality of your compensation. There are laws in place to protect you. This is your life we are talking about.

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.