Do I Need A Lawyer?
Under Tennessee state law, an injured worker is entitled to self-representation in a workers' compensation case, just as anyone involved in any other Tennessee legal proceeding. However, anyone who is involved in a Tennessee workers' compensation lawsuit or is attempting to negotiate an out-of-court settlement must have a thorough knowledge of workers' compensation law and the Rules of Evidence.
Tennessee employers and their insurance companies typically retain competent, well-paid attorneys to represent them. These lawyers use their experience and knowledge to do everything they can to defeat a claim or at the very least keep the dollar amount of compensation awarded to an injured employee to a minimum. There are also time limits under Tennessee law for reporting a sustained injury or contracted disease to the employer and time limits for filing a complaint for benefits (known as a "statute of limitations"). Should a workplace injury not be reported in time, or if the applicable statute of limitations has passed before the claim is filed, an injured Tennessee worker may lose the right to receive any compensation at all for work injuries. Incredibly, despite this unfairness, Tennessee employers are under no legal obligation to advise an injured employee of these workers' compensation time limits.
For these reasons, it is crucial that an injured employee works with an experienced Tennessee attorney from The Higgins Firm. They are knowledgeable in the guidelines set under Tennessee law for assessments of permanent impairment and also with doctors who are used by Tennessee workers' compensation insurance companies. A low impairment given by a doctor directly affects the value of a case. This is why you need an experienced Chattanooga workers' compensation attorney who can recognize a low impairment and arrange for a second opinion with another physician.
An injured Tennessee worker will benefit from representation in any of the following situations:
- The workplace injury or its disability has been denied by the insurance carrier;
- You have received an offer of settlement but are not sure if it is fair;
- The workplace injury is serious and will result in extensive disability;
- Significant residual permanent partial disability exists, even though there is a return to normal occupation and customary job duties;
- The disability has lasted for an extended duration (around 90 days) without any definite release to the normal occupation and customary job duties; or
Any other situation where a Tennessee worker was injured on the job and feels overwhelmed by the compensation system.
If any of the above should apply to you, even if an offer of settlement has already been received, please call our Tennessee law offices. We will gladly give you an opinion on your case.
Should you require the services of one of our experienced Tennessee workers’ compensation attorneys, we will work hard with you to put together evidence to help you make the best possible case for your claim. We steadfastly stand by our clients and will fight diligently for your claim. We want to make sure that you receive all the compensation you deserve.The Higgins Firm Answers Your Commonly Asked Questions I Am Being Threatened by my Employer Because I Filed for Workers' Compensation, do I Need a Lawyer?
In Tennessee, it is a legal violation to threaten or retaliate against an employee who is filing for workers' compensation. If you are being threatened by your employer, you should report it to your local workers' comp board, and call a Chattanooga workers' compensation lawyer.
In Tennessee, employers have a legal duty to carry insurance coverage for employees who become ill or injured on the job. There are certain exemptions to this, and may include federal employers or employers with less than 5 employees.The Cost of Workers Compensation Insurance
What an employer must pay for insurance coverage depends on their history of injuries and illnesses amongst their workers. The more incidents that have occured, the more their insurance will cost. Because of this, some employers will be motivated to ensure the right safety protocols are in place. Others will try to minimize all claims, and this may include persuading an injured or ill employee to not file a claim. As a Chattanooga workers' compensation lawyer, we know of many people who were threatened or fired because they pursued their right to workers' compensation benefits.
It must be made very clear that any form of intimidation, discrimination, retalition, threats, of firing of an employee for filing workers' comp is prohibited by Tennessee and federal laws. Acts like these should be reported to the labor department and workers' compensation board. A Chattanooga workers' compensation lawyer from The Higgins Firm should be immediately consulted for advice on how to proceed.Do You Need a Lawyer for Your Workers' Compensation?
If you were injured or ill while working, and you have been retaliated against from your employer, or otherwise need help with your workers' compensation benefits, please call The Higgins Firm.
To learn more, contact our Chattanooga law offices online or call us at 800-705-2121.