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Common Questions in Tennessee Workers’ Compensation

| Jun 28, 2013 | Workers' Compensation |

1. THE COMPANY SAYS I’M NOT COVERED BY WORKERS’ COMPENSATION BECAUSE THERE WAS NO ACCIDENT? NO ACCIDENT REPORT? I WASN’T INJURED AT WORK? WHAT SHOULD I DO? (Employer is denying coverage).

  • Go ahead and get treatment under own health ins. & when asked by provider (on forms or by staff) or own health ins. If injury is work-related say yes. (Own health insurance is going to deny coverage & try to throw it back on Employer.
  • Then see an attorney if you want to pursue a WC claim.

2. THE COMPANY IS MAKING AN APPOINTMENT FOR ME TO SEE THEIR DOCTOR. WHAT CAN I DO?

  • If appointment is initial exam & it’s a GP (or if it’s in-house provider), the Company has a right to have exam, but if it’s with a specialist, tell Company you are entitled to choose from a panel and to please provide a panel. If GP wants to refer up to a specialist, tell Company then that you are entitled to choose and want a panel of three.

3. MY DOCTOR SAYS THAT THERE IS NOTHING ELSE HE/SHE CAN DO, BUT I STILL AM HAVING PROBLEMS. WHAT CAN I DO?

  • Go back to the company and tell them the specialist says there is nothing else he/she can do, and ask for another panel. Company will deny. Then seek treatment on own, which employer will have to pay for.
  • Seek legal advice.

4. I HAVE BEEN RELEASED BY MY DOCTOR. MY WORKERS’ COMPENSATION CHECKS HAVE BEEN STOPPED. THE COMPANY SAYS THEY HAVE NO WORK FOR ME WITH MY RESTRICTIONS. WHAT CAN I DO?

  • File for unemployment benefits; file for Social Security disability benefits.
  • Seek legal advice.

5. MY DOCTOR HAS RELEASED ME, I’VE BEEN WORKING FOR SEVERAL WEEKS, I HAVEN’T HEARD ANYTHING FROM ANYBODY. IS THERE SOMETHING I SHOULD DO?

  • (If not represented by attorney) Yes, contact WC adjuster and ask for a copy of your impairment rating and then ask the adjuster to make you an offer of settlement.

6. WORKERS’ COMP HAS OFFERED ME A SETTLEMENT. IS IT FAIR? SHOULD I TAKE IT? DO I NEED TO CALL A LAWYER?

  • Seek legal advice.

     If you need more information about a Social Security Disability/SSI, personal injury, EEOICPA, long or short-term disability, VA disability, Railroad Retirement Board disability, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611 or through our website. Our office handles claims throughout East Tennessee.

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