Tennessee Workers Compensation Legal Questions

when you are hurt at work, you are entitled to three forms of compensation: (1) the employer has to pay your doctor bills; (2) the employer has to pay you 2/3 of your average weekly wage for the time that you are temporarily off of work; and (3) compensation for any permanent injury that you may have suffered. You don't get compensation for pain and suffering.  Contact the Department of Labor, Workers Compensation Division for any additional questions you might have.... Read Answer

Whether it is worth your time or not depends on you and the amount of wages that are owed. If it is a small amount, let it go. If it is large, than you can represent yourself in General Sessions Court (small claims court) and sue the former employer. It all depends on how motivated you are to pursue it.... Read Answer

Since I am not sure what the relationship between your work comp case is and the federal tort claim that you want to file, I can not tell you if you should wait or not. The statute of limitations for a tort claim against the United States provides: A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing ... of notice of final denial of the claim by the agency to which it was presented. 28 U.S.C. § 2401(b) ... Read Answer

Good question. Providing a good medical history is important. It is important that the pulmonologist know that prior to the gas exposure, your husband had no prior history of asthma and asthma symptioms and that these symptoms appeared only after the exposure. Go online and do your research as to what is the cause of adult onset asthma. The pulmonologist needs to be able to rule out other asthma triggers such as smoking, allergies, etc, such that he is left with only one conclusion, that the asthma was caused by the gas exposure. Then he should be able to state with a reasonable degree of medical certainity that it was the gas exposure that caused the asthma. If this is the case, the feel free to contact me and I will be glad to represent your husband in a workers compensation claim against the company. Feel free to contact me with any additional questions.... Read Answer

Please note, I am a Pennsylvania workers comp lawyer so my answer come from that knowledge. I will try to answer to the best of my knowledge. Probably not. Under Pennsylvania Workers’ Compensation Law, an injured worker is entitled to wage loss benefits after a seven day waiting period.  It is important to understand that this “seven day rule” does not require full days and doesn’t require the seven days be missed consecutively.  For example, if a work injury causes someone to attend physical therapy sessions and to miss 30 minutes of work on seven different days, that worker may be entitled to wage loss benefits on the eighth day.  Conversely, medical benefits are payable from day one and the WC insurer will have to pay for all treatment that is reasonable, necessary, and causally-related to the work injury.  If the cut leaves a permanent and unsightly scar, you may have a claim for disfigurement benefits.... Read Answer

Generally, your employer, their Workers’ Compensation Insurance carrier, and even the Nurse Case Manager that might be assigned to your case, only really have the authority that you grant them.  There is no requirement that you allow anyone into your appointments.  If you’ve already granted this permission, you can revoke it at any time.  There may be some issues with a situation like this and you should talk to an attorney before making a decision on such a matter. For anyone in need of a Workers Comp lawyer in Pennsylvania, visit our site to learn about our firm. ... Read Answer

you have a claim for benefits under tn workers compensation. that provides medical treatment, time out of work, and a settlement if any permanent disability. since w/c missed the injury, you can try to hold them liable for the medical expenses, time missed from work, and ppi, impairment.  thank you,  jay stillman, atty... Read Answer

if you settled, you really cannot do anything under tn law. if the case was still pending, you could see another dr for another opinion. the disability and settlement value is low under tn law, the biggest benifit is medical tmt, and that can be closed for payment at times.  thank you, jay stillman... Read Answer

you have 30 days from the date THAT YOU REALIZE YOU HAVE  an ainjury, that requires medical tmt,a nd that it is related to your work. if you didn't know, or didn't think it was serious, or caused by work, your time begins from when you are informed of these connections. thank you, jay stillman... Read Answer

usually if you are claiming an injury at work, all your prior records of medical treatment are relevant, or might be. the defense has the right to see and decide if relevant, re prior injuries, etc. it should not be a problem, most can be put in proper perspective and not damage your current claim, whether it is a new injury or an aggravation of a prior injury. both are compensable. thank you,  jay stillman... Read Answer