What If My Doctor Takes Me Off Work?
If you or someone you know is injured while at work, then under Tennessee law your employer is required to pay you workers’ compensation benefits if a doctor determines that you cannot immediately return to work. Tennessee law also states that your employer also must schedule your doctor’s examination so that you can receive an opinion from this doctor regarding your work related injury and they can decide if it is serious enough for you to miss work. Your employer must provide you with your choice of three physicians that you can visit that are located close to where you live or work.
If the physician you visited for your workers compensation claim states that you cannot work because of your injury, then the Tennessee Workers’ Compensation act states that your employer or insurance company is required to provide you with a temporary disability check. The amount that this check is issued for depends on your average wages for fifty-two weeks before you were injured on the job. There is a maximum and minimum amount that you can receive according to the law. You would begin receiving these checks fifteen days after you were injured and you would receive the check a minimum of twice a month.
In order to be eligible for a temporary total disability check, Tennessee law states that a worker must have a doctor’s note stating that the employee cannot work. The date the injury was sustained does not count in the calculation, but each working day covered by the doctor's off work order does. The days that you missed from work need not be consecutive.
The worker is not due a temporary total disability check payment for the first seven days after the injury. If you have a workers’ compensation claim, you would start receiving your temporary total disability checks on after your doctor has told you to remain out of work for eight days. The next day, you would qualify for two day benefits and more benefits for any additional days off of work. If you are out of work for two weeks, a seven day waiting period will be included and you would receive a check for the first day that the doctor told you that could not return to work.
Workers’ compensation claims can be confusing and complex to understand and to handle on your own, especially if you do not have all the correct paperwork. This is why it is important that if you or someone you care about has suffered an injury while at work, you should speak to one of our experienced and compassionate Tennessee workers’ compensation lawyers with the Higgins Firm. We will answer any questions you have and work with you to make sure you receive the compensation you need for your living expenses and medical bills as well as your suffering.
To learn more, contact our Chattanooga law offices online or call us at 800-705-2121.