Articles Posted in Workers Compensation

In Tennessee and in several other states all over the United States, workers’ compensation claims can be difficult and time consuming, however, sometimes deciding if you do in fact need a Tennessee Workers’ Compensation attorney and choosing the right one can be even more difficult and even confusing for many employees. As with any process though there are questions to ask yourself and I will discuss what these questions are and then how to go about choosing an attorney that is right for you if it is determined that you do need one.

When you have been injured while on the job and are deciding whether or not to hire an attorney, you need to determine if any of these are true of your injury:
• Your work-related injury is severe enough that you need surgery • Your work-related injury is moderate to severe (If you or your doctor determine that your health will not return to the condition it was in before the injury, you may be eligible for “permanent partial disability” compensation)
• You think that you are no longer able to work on a regular basis doing any job
• You think you can no longer work at your current job but think you may be able to have some job • You already have major pre-existing disabilities
• You would like to challenge a decision previously made by your employer, your employer’s insurance company, or Tennessee’s workers’ comp division regarding your workers’ compensation claim.
• You think that you are not receiving the benefits that you should be or think that there might be more benefits that you could receive • Your benefits have been denied • Your employer has challenged a decision by Tennessee’s workers’ compensation division • You do not understand the workers’ compensation process and would feel better if an expert were handling your case

If any of these factors are true regarding your work-related injury, you should speak with a Tennessee Workers’ Compensation attorney; however, now that you have determined that you need an attorney, you may be confused or unsure about how to go about choosing the right one for you. Following these simple guidelines may help make the process easier and less confusing for you.
These guidelines are:
• Talk to people who have hired a Tennessee Workers’ Compensation attorney and see if they were satisfied with their experience. Also, make sure the attorney has a good reputation in the community • Consider how much experience the attorney has had with Workers’ Compensation cases • Interview possible attorneys and ask them questions. Make sure that you feel comfortable and confident about their ability to handle your case

These guidelines will not only help you to determine if you need a Tennessee workers’ compensation attorney but will help you choose the one that is right for you and your case.
Continue Reading

When a Tennessee employee is injured on the job, they will more than likely need a lawyer to help them recover their workers’ compensation because Tennessee Workers’ Compensation laws can be tricky, especially if an employee forgets or fails to follow certain steps during the process of filing a lawsuit. In my last several blog posts I have talked about the most common mistakes I have seen clients make when they want to file a workers’ compensation claim. The final and perhaps most important one of these is failing to create and maintain a personal medical file to give to your attorney.

Many people may think that attorneys only need certain information or that the information they need can be easily gathered, but unfortunately this is not always the case. However, if you are able to keep a record of all the medical providers you have seen during this process as well as every procedure you have had, all your treatments, referrals, and any work restrictions you have experienced as a result of your injury then your work comp attorney will be able to have the documents they need to put together a solid case and help you get the compensation you are entitled to for the injury you have suffered. It is also important to keep all these documents and records in your own personal medical file or folder because obtaining them from doctors or other medical facilities may take a long period of time and cause you to have to wait longer for your compensation.
Continue Reading

Tennessee work comp claims are often difficult to prove and may result in a lack of compensation for the injured employee if common mistakes are made during the process. In an earlier blog post, I discussed the importance of seeking medical treatment soon after an injury and how a failure to do so can lead to the insurance company feeling that the injury is not sufficient enough to justify compensation. Another common mistake that people may make when wanting to pursue a TN workers’ compensation claim is related to this one and that is a failure to be on time for or missing medical appointments.

Many people may think that they do not need to keep going for medical treatment after first being treated for the injury or that missing an appointment or two is not that important to their case. However, failing to show up for scheduled medical appointments is recorded in your medical records and if the court sees that you have missed several appointments, this may lead them to believe that your injury is not as severe as you claim or that you are not as commitment to your treatment as you should be. This can lead the court to question your injury and your claim and may cause it to be rejected. This is why it is important to always be on time for your appointments or to give twenty-four hours notice if you need to reschedule an appointment. This will help to prove to the court that you need the medical treatment and that you care about your treatment and also that this claim is very important to you.
Continue Reading

procedure must be followed in order for them to file a Tennessee Workers’ Compensation claim and in order for them to be able to receive this compensation. However, there are many mistakes several employees make during the process of their lawsuit or even before their lawsuit that make proving the injury to a judge difficult. I have discussed several of these common mistakes in my previous blog posts and another one I see often is that people will fail to inform their doctor about how their work-related injury actually affects their ability to work.

Many clients may feel that if they were injured while at work than the fact that this injury affects their work would be obvious, however, just because you may know that your injury affects your work, this does not mean that your insurance company or a judge will know it. This is why it is very important to tell your doctor about your pain and how it affects your work so that it can be documented in medical records. This way a judge and insurance company can have substantial proof of just how much this job injury has affected your ability to work. It is also a good idea to document your pain and problems in a journal so that you do not forget to mention it to your doctor when you go for your appointments.
Continue Reading

Recently Tennessee Workers Compensation Lawyer, Jim Higgins, was interviewed with regard to common mistakes made in work comp cases. Some of the most common include: failing to report the injury in a timely manner, failing to go to the doctor and failing to be straightforward with the doctor. You can watch the complete interview below:
 

 
Continue Reading

Tennessee workers’ compensation cases can be tricky to process and prove in court even when all the steps are followed properly. They can become even more difficult when common mistakes are made during the process. Another one of the most common mistakes that people may make during a workers’ compensation claim or lawsuit is talking to their doctor about the lawsuit, the insurance company, your employer, or asking the doctor for legal advice concerning your case.

In the last blog, I discussed how important it is to be honest with your doctor about your medical history, personal habits and anything else that they may need to know about the injury in order to proper diagnose it and provide the proper treatment for you. Many people may think that this also includes telling the doctor about your lawsuit, talking about your employer or your insurance company or even seeking their advice about your claim, however speaking with your doctor about the specifics of your lawsuit, may only cloud your case or create negative implications in your medical records. It may even complicate or negatively affect your medical care and treatment. It is also important to remember that anything you say in confidence to your doctor is NOT protected information once you have filed a workers’ compensation claim in court. If you have questions about your case, your employer, your insurance company, or your legal options, it is best to consult with your Tennessee workers’ compensation lawyer about it.
Continue Reading

Tennessee workers’ compensation claims can be complicated to win in court if the case lacks credibility or if the injury itself is called in question. This can happen most often if an employee fails to be totally honest with their doctor about their medical history and personal habits as well as any other necessary information needed for the doctor to provide an accurate diagnosis and appropriate treatment.

Many clients may not see a reason to tell their doctor about a particular medical condition or personal habit. Some clients may even feel embarrassed about revealing certain information; however, failing to provide accurate information to your doctor can lead to misdiagnosis of the injury as well as improper treatment for it. This may not only cause you to suffer more pain and problems in the future but it can cause your case for workers’ compensation to be weakened because it can damage your credibility and the court may even question the injury completely causing the case to be rejected or destroyed. If this occurs, you may not receive the compensation you need for your injury. This is why it is important to be as honest with your doctor as possible about your medical history and any personal habits that may affect the diagnosis of your injury.
Continue Reading

Tennessee worker’s compensation claims may be difficult to prove in court if a specific procedure is not followed by the employee and their employer soon after the injury has occurred. In the past few blogs, I have looked at common mistakes made in Tennessee worker’s compensation cases. Another mistake I often see when clients file these claims is failing to seek reasonable medical attention soon after the injury occurred. In Tennessee, worker’s compensation law requires that the injured employee has the responsibility of proving that they were injured while at the workplace. It may difficult to prove this however, if you do not seek reasonable medical attention almost immediately after you have been injured. This is why it is best to seek the medical attention you need for injury as soon as possible.

Many people may not want to seek medical attention after a work injury because they do not think they need it or because they do not want to leave work in order to seek the medical attention they need. However, if you wait to seek medical attention for a work-related injury, insurance companies may believe that this is a sign that you did not suffer significant injury because you failed to seek treatment for it. If this happens to you, please contact one of our experienced and caring worker’s compensation attorneys immediately. Another important reason to seek medical attention as soon as possible after a work-related injury is because it may take days or weeks for you to realize how injured you are, however, if a doctor examines your injury right away, they be able to detect it shortly after the incident occurred.
Continue Reading

The Tennessee Workers Compensation Law can be very unforgiving when employees make innocent mistakes. One of the most common mistakes we see is a failure to report your work injury. In Tennessee you must report your injury within thirty (30) days. Although, there are exceptions to this harsh rule the safest thing to do is report your injury immediately.

I think what often occurs is people feel they have just sustained a temporary injury and they don’t want to be seen as whiner. However, when the injury doesn’t go away and the worker tries to report the claim an employer will often deny covering the injury because it wasn’t timely reported. If this happens to you, please contact a work comp lawyer as soon as possible. Often the injury will be covered if the court believes the worker reported the injury once they realized it was a serious problem. However, to prevail you must make sure both the medical evidence and witness testimony supports the legal reasons for the delay.
Continue Reading