What if a doctor says I can't work?
Getting hurt on the job is hard enough, but if after you seek help from a medical professional, they recommend that you should not return to work, things can get even rougher. Many people get confused and frustrated with the process and many people do not where to turn for help. However in Tennessee there are laws and regulations set in place for these types of circumstances.
IF YOU ARE COMPLETELY UNABLE TO WORK WHILE BEING TREATED
These laws, one known as the Tennessee Workers Compensation Act, obligate the company where you work or the insurance company to give you payment referred to temporary total disability or TTD. This payment will be sixty-six and two-thirds percent of your usual weekly pay. This amount is based on the standard payments given to the worker fifty-two weeks before the incident occurred. There are also specific amounts that you may be entitled to when it comes to these payments.
To be entitled to these payments an employee has to get paperwork from their medical professional stating that they recommend the person stay out of work. However, the actual day of incident is not included in this paperwork, but the paperwork should include all the days of work that the medical professional recommends the employee not work. The time out of work or not on the job does not have to be right in a row to get these payments.
These payments do not include the first week. They start on the eighth day that the worker is out of work. If the worker is still out of work on day 14, then the first week’s worth of payments will be given to the worker including the first day the doctor recommended they not return to the job.
IF YOUR TEMPORARY DISABILITY KEEPS YOU FROM EARNING YOUR FULL WAGE
Sometimes the doctor will put an employee on restrictions that allow them to go back to work but not full time or the restrictions may require the employer to put the injured worker on a job that pays less than their normal wage. If this occurs, you may be entitled to a Temporary Partial Disability Payment. This is also known as TPD. These payments help make up the difference between an injured worker's current reduced pay and your per-injury pay check. More specifically the employee should receive a payment of 66 and 2/3% of the difference between your average three (3) wage at the time of your accident and the wage you earn while in a partially disabled condition. Just like a temporary total disability payment, this benefit will stop when the doctor determines that you are at maximum medical improvement or you are able to return to work at your full wage.
CALL IF YOU NEED US
If you or someone you care about has questions or concerns about these payments, we suggest you speak with one of our Worker Compensation attorneys at the Higgins Firm. We will work with you and make sure you get the payments you deserve.
You may contact us online or call 800-705-2121800-705-2121 FREE.