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Injured On the Job? Morgan & Morgan's Nashville Attorneys Can Help - construction hat

Nashville Workers' Compensation

Though Tennessee’s workers’ compensation laws generally prohibit employees from suing their employers when injured on the job, an attorney can still be extremely helpful when dealing with workers’ compensation claims. With years of experience handling workers’ compensation claims, the attorneys in Morgan & Morgan’s Nashville office understand the tricks and tactics used by employers and insurance companies to avoid paying full benefits. We know how to protect your rights and can help increase your chances of filing a successful claim or appeal. Injuries on the job can be stressful, especially if you have to deal with negotiations with your own employer. We’re here not only to make sure you get the medical treatment you are entitled to after an injury, but help make things as easy as possible for you in your time of need. If you were injured on the job in [Nashville](/office-locations/tennessee/nashville/) and are looking for the right attorney to help you handle your workers’ compensation benefits claim, contact us today for a [free case review](/free-case-evaluation/). ## What To Know About Your Workers’ Compensation Claim * If you are injured on the job, you have to report the incident to your employer either within **30 days** of the injury, or within 30 days of a doctor’s visit for the injury. The faster an on-the-job injury is reported, the faster your claim can be handled. * Your supervisor, after the report, should provide you a panel of 3 or more doctors that are willing to provide workers’ compensation medical treatment (4 doctors if it is a back injury). You can choose from these doctors, and the doctor you choose determines whether or not your injury was work-related. * If they say it was not work-related, or if you feel like your claim was undervalued, you are allowed to get a second opinion from a doctor of your choosing at your own expense. * If they determine that it was work-related, however, you could be eligible to receive medical treatment at no cost to you. * If you are denied workers’ compensation benefits or feel you were undervalued, you and your attorney can file an appeal, and your claim will be heard by Tennessee’s [Court of Workers’ Compensation Claims][1]. * It is illegal to fire an employee for reporting a work injury. If you think that this was the reason for your firing, contact Morgan & Morgan; we also have attorneys who specialize in wrongful termination. If you’re lucky, a workers’ compensation claim can be quick and simple. But sometimes it isn’t, and that’s when it helps to have a [workers’ compensation lawyer](/practice-areas/workers-compensation-lawyers/). ## Does My Employer Have Workers’ Compensation Insurance? The law in Tennessee states that any employer with more than five employees must offer workers’ compensation coverage - and that includes both full-time and part-time employees. The only exception for this are construction and coal mining employers, in which they’re required to have coverage regardless of how many people they employ. Essentially, there is a very good chance that if you sustain an injury on the job, you are within your rights to file a workers’ compensation claim, as they’re likely to have insurance. Still, it’s important to double check that your employer does, in fact, offer it. ## How Can a Morgan & Morgan Attorney Help Me? The attorneys in Morgan & Morgan’s Nashville office help injured workers file claims for benefits, as well as those whose claims have been denied. Claims can be complicated, and appeals can be even trickier, especially if you and your attorney suspect that your employer’s insurance company tried to minimize the fault of the employer. Our attorneys can also help you pick one of the authorized physicians your employer provided you with. That doctor has to perform an independent medical exam (IME) to evaluate and diagnose your injury and write you any necessary prescriptions. In addition, if these company-approved doctors try to minimize your injury or recommend that you return to work before a totally healed injury, we can help navigate that. We can help you find an additional doctor for your second opinion. This, more than anything, is what we do for you in workers’ compensation claims - help make sure you avoid common pitfalls and end your claim with the full treatment you deserve. ## What Lawsuits Can Come From Workers’ Compensation Claims? Very rarely does an official lawsuit stem from workers’ compensation claims. The workers’ compensation system is meant to be beneficial to the employee and the employer. There are a few exceptions, however, where a lawsuit could get filed. One exception is if your employer employs less than 5 people, and does not offer workers’ compensation insurance. In a situation like this, you could possibly file a lawsuit to get compensated for your injuries. As mentioned earlier, you are also entitled to an attorney to help you with a case if you have been fired after filing a workers’ compensation claim. This is also true if you have been demoted after filing your claim, or any other sort of retaliation. The most common lawsuit that arises from workers’ compensation, however, is called a **third-party lawsuit**. This is a lawsuit for if another party had an involvement in your injury besides your employer. Often, this can mean a company or manufacturer. For example, a construction worker is using a swinging crane to move a large pile of wood when the pulley on the crane suddenly fails and causes the wood to fall on another worker, who suffers neck and back injuries and can no longer work in the construction industry. In addition to filing a workers’ compensation claim, the injured construction worker may also be able to file a third-party lawsuit against the manufacturer of the defective machine, and seek additional compensation for his injuries. ## We Can Help You With Your Claim You deserve to rest easy and stress-free after an injury. If you were injured on the job in Nashville and would like help evaluating your options, [contact us](/free-case-evaluation/) today to have your case reviewed, free of charge. [1]: http://www.tn.gov/workforce/topic/wc-court-of-wc-claims
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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

  • What Should I Do if Injured at Work?

    If you have been injured at work, you should first notify your employer about the injury. However, you should only do this if circumstances allow it.

    In Nashville, Tennessee, businesses with at least five employers must have workers' compensation insurance. For this reason, your employer should be able to walk you through the workers' compensation claims process if you're eligible for compensation.

    Then, seek medical attention as soon as possible. This applies even if your injuries do not seem that serious. Your doctor will conduct several tests to determine the severity of your injuries and whether you should be concerned.

    If possible, document the incident by taking photos and videos of your injuries and the dangerous condition that caused it. Then, collect any witnesses' contact information and contact an experienced workers' compensation attorney if you've suffered serious injuries. 

  • Do I Always Need a Lawyer to File a Workers' Compensation Claim?

    No law in Nashville or elsewhere in Tennessee requires you to hire a lawyer to file a workers' compensation claim.

    However, considering the complexities of the State's workers' compensation system and the potential for confusion and rejections, it is always beneficial to have an experienced attorney guide you through the process. Morgan & Morgan has over three decades of experience helping injured employees obtain their rightful compensation. We would be happy to provide legal advice customized to your case. Remember that our law firm files the most workers' compensation cases in the country.

  • What Questions Should I Ask a Workers' Compensation Lawyer?

    When you're ready to speak with a workers' compensation lawyer, it's important to come prepared with the right questions. This ensures you get the most out of your consultation with the attorney, especially when meeting them for the first time. The first meeting also helps you decide whether or not to hire that particular lawyer to handle your case.

    That said, here are some key questions to ask the attorney during the initial consultation.

    • What experience do you have with workers' compensation cases?
    • Have you handled cases like mine before?
    • If so, do you have proof of similar cases you've won?
    • Do you have any reviews from previous clients?
    • What are my chances of winning?
    • How long do you think the process will take?
    • What benefits do I qualify for?
    • How soon should I fill out my worker's compensation form?
    • Will you work on this case directly, or will someone else?
    • How much will you charge to represent me?
    • What if the case goes to court? Will you represent me?
    • Will there be additional charges if the case goes to court?

    Throughout the initial consultation, you should evaluate the lawyer's personality and whether or not you'll be comfortable working with them. Most importantly, remember to trust your instincts. And if the attorney sounds honest and knowledgeable about your case, you should consider working with them.

  • What Are My Rights if I Get Injured at Work?

    As an employee who has been injured at work, you have certain rights that are protected under Tennessee workers' compensation law. These rights include but are not limited to the following:

    • The right to present and future medical care due to the work injury
    • The right to recover lost wages and other benefits depending on the severity of your injury
    • The right to file a claim for your injuries without fear of retaliation
    • Right to appeal the carrier's (insurance provider's) denial of medical care and other benefits you may be entitled to
    • Right to appeal the decisions by a Court of Workers' Compensation Claims Judge
  • What Are Some Common Workers' Compensation Myths?

    Unfortunately, many misconceptions about workers' compensation can lead to confusion, making it harder for injured workers to get the benefits they deserve. Some of the most common myths include the following:

    • Workers' compensation only covers medical expenses
    • It's impossible to dispute the amount of your compensation
    • You cannot recover non-economic damages for work-related injuries
    • You cannot be compensated if you are responsible for the injury
    • An employer will be fined or punished if an employee files a workers' comp claim
    • You risk losing your job if you file a workers' compensation claim
  • Do I Have to Inform My Employer if I Was Hurt at Work?

    Yes, you must tell your employer if you were injured at work. Tennessee employment laws require employees injured on or after July 1, 2016, to notify their employer of workplace injuries no later than 15 days after the injury occurred or when they knew or should have known about the injury.

    In addition, if you seek medical attention for your injury, you should provide your employer with a written statement from a physician showing that the illness or injury was caused by employment. Failing to notify your employer in writing may result in a denial of benefits.

  • What Are the Most Common Workers' Compensation Injuries in Nashville, Tennessee?

    Each work-related injury occurs under unique circumstances. That said, the most common workers' compensation injuries include but are not limited to sprains, strains, cuts and bruises, back injuries, fractures, head and neck injuries, shoulder injuries, and amputations.

    Depending on the nature of the job and type of injury sustained, these injuries can have varying long-term effects on the individual's health and employment status. At Morgan & Morgan, our workers' compensation attorneys can ensure that injured employees in Nashville get treatment and compensation for their injuries.

  • How Do I Know if I Am Eligible for Workers' Compensation in Nashville, Tennessee?

    The State of Tennessee requires employers to carry workers' compensation insurance if they have five or more full or part-time employees. On the other hand, per the State's workers' compensation laws, state and local government employees, farm laborers, and domestic help may be exempted from coverage. However, they can still purchase worker's compensation insurance coverage if they so wish.

    You'll need to contact an experienced worker's compensation attorney to determine if you're eligible for workers' compensation. At Morgan & Morgan, we can help evaluate your case and determine whether you are eligible for compensation and how much you could receive if you win.

  • Injured at Work in Nashville, TN? We'll Fight for You

    Work-related injuries can bring your life to a halt. They will hurt you physically, emotionally, and financially. But because we understand the pain you or your loved one may be going through after getting injured at work, we help you fight for what you are entitled to.

    Contact us today for a free, no-obligation case evaluation. The free is free unless we win.

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