F.A.Q.

This page was created to answer questions that are frequently asked of Tennessee Worker's Compensation Lawyers like Nashville Area's Kevin Moore. If your questions are not answered here or you need more information please call us or send them through our Contact Form.

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• Can my employer fire me if I am out and receiving workers' compensation benefits?

  Yes. You should not be fired in retaliation for filing a worker's compensation claim. However, the workers' compensation law does not require your employer to hold your position for you until you can return to work.
  

• When will I get my first check?

  When the treating physician takes an employee off work due to a work related injury, the workers' compensation insurance carrier may be required to make temporary total disability benefit payments to the injured employee. The first payment is due within fifteen (15) days of the employer's knowledge of the injury and benefits should be paid at least semi-monthly.

• When is impairment rating assigned?

  When you reach maximum medical improvement (MMI), your treating doctor must give you an impairment rating if you have loss of function of a part of your body. When that date is approaching, it is important that you let our office know.

• Must I be released to full duty before I can return to work?

  No. Your doctor may release you for modified or light duty work before you have reached maximum medical improvement (MMI).

• My employer will not report my injury to the insurance company. What can I do?

  If your employer refuses to complete the DWC-1, the injured worker should contact the Employee Assistance Office at 1-800-342-1741. Personnel at this toll-free number may intervene on your behalf.

• Is there a period of time after which my claim us no longer open?

  For dates of accident on or after 01/01/1994, there is a statue of limitations which is one (1) year from the date of last payment of any indemnity benefit or furnishing of medical treatment.

• Can I get a settlement for my claim?

  Settlements of workers' compensation claims are not automatic. The injured worker and the Employer / Insurance Carrier may complete a settlement / washout of your claim under certain circumstances.

• What is the time limit for filling a Petition for Benefits?

  An injured employee should immediately report any work-related accident, injury or illness to their employer. Employer notification, preferably in writing, is required by law within 30 days of the date of injury or when a physician first tells the employee that his/her injury is work related.

• Can I choose my own doctor?

  No. Your employer or its workers' compensation insurance carrier can choose the doctor to treat you. If you are unhappy with the doctor chosen by the carrier or want to request a second opinion, we must ask the carrier to provide you with another. AS a general rule, you can not go to a doctor the insurance company has not approved. If you go to your own doctor, you will probably end up responsible for payment of the bills.

• Is my employer required to have workers' compensation insurance?

  Employers with four or more employees, part-time or full-time, are required to have workers' compensation coverage. An employer in the construction industry with one or more employees is required to have insurance.

• What if I am unhappy with the physician I selected from the employer's panel?

  Under Tennessee law, the employer or insurance carrier is not required to offer a second panel of physicians or a second opinion. If asked, however, the insurer or employer MAY provide a second panel. An 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.