Workplace injuries can be frustrating for all parties involved, especially when an employer is contesting any aspect of the claim. By federal law, workplace injuries are normally subject to worker’s compensation insurance laws, as each state is required to determine a process for handling claims through a worker’s compensation insurance board. In Tennessee, this is called the Court of Worker’s Compensation. The insurance system is intended to establish a method for employees to maintain a level of income during recovery from the injury, while providing protection for the employer from liability in a standard personal injury lawsuit.
Reporting the Injury
Before a claim is reported to the state, the process begins at the time of the injury with certain responsibilities assigned to both the employer and employee. In addition, the worker’s compensation insurance company also has the right to deny claims and provide legal input regarding the injury and accident scenario. It is clear that the process for collecting on an injury claim is not always simple, as claims are denied regularly.
The Claims Process
Employees are required to report a workplace injury to the employer as soon as possible after the fact, and many times injuries occur as a result of accidents on the job with co-workers who can validate the claim. Filing the accident report is the responsibility of the employer, and many accidents will also generate an investigation into prior events. The injury must render the employee unable to work for a period of seven continuous days, and the time period for medical coverage and insurance income is retroactive to the day of the injury. Injured employees are paid a percentage of their total wages at their rate of pay when the injury occurred.
Contested Claims
Some claims are relatively simple to get started when all parties are in agreement that an injury actually happened on the job, but there are also other times when a workplace injury does not manifest until after scheduled working hours. It is very important for an injured employee to seek medical treatment for a workplace injury as soon as it is realized. The medical report can provide documentation that an injury occurred, as well as provide an official medical opinion on the time span between the injury and the need for medical attention. In addition, worker’s compensation can be collected for repetitive motion injuries as well, but many employers will often attempt to deny these claims.
Always remember that worker’s compensation insurance claims are denied regularly, and all injured employees have a right to an appeal in the worker’s compensation court. Even when the claim is still denied, there is a potential for a personal injury claim in state court if a worker’s compensation lawyer can demonstrate to the court that the employer or insurance company acted or failed to act in bad faith, or if the employer was not compliant in all workplace safety regulations. Having an experienced worker’s compensation attorney can make a major difference in maximizing an injury claim.
