Common Questions Regarding Tennessee Worker Compensation
We tend to get some frequent questions about Tennessee Workers' Compensation. We have posted some of information about the most common inquiries below.
Attorneys’ fees in Tennessee workers’ compensation cases are determined by the state law. Fees will not be more than twenty percent of the total of compensation that is recovered. Our Nashville law firm will charge no fees on money for uncontested short-term complete payments if you become disabled or for undisputed medical expenses. When a claim involves long-term payments for a disabled person or death, state regulations set restrictions on how much lawyers' fees can be. We follow the regulations whenever they apply. A workers’ compensation claim typically involves unforeseen costs that you may have to pay. These fees could add up to large amounts of money. Our attorneys generally forward these unavoidable fees until the case is finished, when the fees can be taken out of any reward you may receive for your case.
CASES INVOLVING A NON-EMPLOYER OR EMPLOYEE
In the event that you sustain an injury while working on a construction site, at a warehouse, or while operating a vehicle, you may be eligible for payment provided by the state Workers’ Compensation. If you were injured at your workplace and it was due to carelessness or neglect by someone not employed where you work, (not your employer or co-employee) you may be entitled to file a Third Party Lawsuit under Tennessee Personal Injury Laws. In cases where you were driving a different car or truck for your job and are hit by another vehicle, you might have a case against the person whose actions lead to your injury or injuries.
This type of case may also happen if the injury was caused by the using equipment or tools that have defects. The Higgins Firm can help you file a case against the manufacturer of the defective equipment. The reward you may receive for this type of claim is typically more than you might receive in a Workers’ Compensation settlement.
WHICH STATE LAW APPLIES?
Frequently in workers’ compensation cases it is difficult to know what state law applies. It is crucial to know what state law applies considering every state has their own rules concerning workers' compensation . Since every state has their own regulations, some may give their worker a greater amount of workers' compensation than the Tennessee does and other states may often a lower amount. This may be the case for people who travel as part of their job. It occurs most often with truck drivers, construction workers and with salespeople. In order to figure out which state laws apply, it is important to be aware of the location in which the employer lives, the location in which the employee lives, the location that the contract for hire occurred, and where the injury was sustained. Generally, we can determine which state laws are available when we know all of this information. Our legal team handles Tennessee workers' comp cases for people all across the United States. If this occurs, we coordinate everything from this state to help make the procedure as smooth as we can for our clients. Technological devices help allow our firm to stay in touch with the client so that it feels like we are only a street away.
Can I Re-Open my Work Comp Case?
Maybe. (how is that for a lawyer answer?) If your case was originally “capped” because you returned to work at your pre-injury employer and you later lost that job through no fault of your own, you may be able to re-open your case. However, there are strict time limits on these case so if you think you have a right to reconsideration, call our firm as soon as possible so that we can help you figure out if you may be eligible for more monetary damages according to the Tennessee Workers’ Compensation laws.
Contact us online or call us at 800-705-2121 to set up a FREE consultation to discuss your legal options.