Tennessee Workers' Compensation is a "no-fault" system in which the injured worker receives medical and compensation benefits no matter who caused the job-related accident.. The only requirement is that the injury arose out of and during the course of the course of employment. Almost every worker in Tennessee is covered by worker's compensation act. Employers are responsible for payment of workers' compensation benefits to injured workers. These benefits must be paid either directly by the employer or through its insurance company. The available benefits can include the following:

MEDICAL TREATMENT: The employee should be given a choice of three (3) physicians not associated together in practice. The list or panel of these physicians should be in or near the employee's community of residence. You have the privilege of choosing one physician from the list of three. The employee is then required to accept treatment from the chosen physician and should not see any other physician unless the chosen physician makes a referral. If you are not happy with your treating physician your options are limited under Tennessee law. Specifically. the employer or insurance carrier is not required to offer a second panel of physicians or a second opinion; if asked, however, many insurance carriers and employers will provide a second panel. . The employee may always seek a second opinion or obtain treatment with any physician at his/her own expense; however, only the restrictions of the authorized physician must be followed by the employer.

PAYMENT WHILE OFF WORK: If a physician takes you off work for more than seven days, you may be entitled to temporary disability payments. An injured employee is not paid for the first seven (7) days of disability. On the eighth (8th) day, the employee is eligible for one day's benefits, on the ninth (9th) day, the employee is eligible for two days' benefits, and so on. If the employee continues to lose time from work through the fourteenth (14th) day, the seven-day waiting period will be picked up and the employee will be due benefits for all fourteen (14) days. How much will my Temporary check be? An employee is entitled to 66 2/3% of his/her average weekly income, but neither more than the maximum nor less than the minimum. The weekly compensation rate is subject to the workers' compensation maximum and minimum rates in effect on the date the employee was injured.

COMPENSATION FOR PERMENANT INJURY: If you do not completely recovery recover from the work injury, you are entitled to receive compensation. If the injury is permanent the workers compensation physician will give a percentage of disability and state the part of the body involved. This is called a disability rating. However, not all Doctors agree on a the extent of a workers disability or even if a disability exists. If your are released by your workers compensation doctor with a small disability you should contact an attorney to see if the rating is fair. If the rating is low it will have a direct impact on the amount of your compensation. If needed, an experienced workers compensation attorney should be able schedule an independent medical examine with a separate physician to obtain a second opinion in relation to the impairment rating.

DEATH BENEFITS: When an injury results in the death of a covered employee, the widow or widower or dependent orphan is entitled to 50% of the deceased employee's average weekly wage, not to exceed the maximum per week. . If the deceased employee leaves a widow/widower and one or more dependent children, 66 2/3% of the deceased employee's average weekly wages, not to exceed the maximum per week, is due. . If a deceased employee leaves other relatives dependent on the employee for support, compensation may also be payable to those dependents. . When the deceased employee leaves no dependents, $20,000 shall be paid to his or her estate. If anyone other than your employer and/or co-worker is partly or wholly at fault for your injury you may have a 3rd party claim against that person or company. Often these cases can give the employee more compensation than the original workers compensation claim.

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