When injuries on the job occur, workers’ compensation offers peace of mind for employees as medical bills, travel expenses, and lost wages could be covered.
However, if your claim is denied, or you believe you were fired because you filed one, you may wish to speak with an experienced injury attorney.
A Tennessee or Georgia workers’ compensation lawyer could investigate your situation and recommend a course of action to get you the money you deserve.
If you are injured on your job, your employer’s workers’ compensation insurance could help pay for your treatment, travel expenses, and lost wages in the form of disability payments.
However, if your claim is denied, or you believe you were fired for filing one, you may need help from our knowledgeable attorneys.
A workers’ compensation lawyer could explain the procedure for filing a benefits claim or help you appeal a denied claim.
Benefits of Workers’ Compensation
Employees may be entitled to medical treatment, travel expenses, and temporary or partial disability benefits.
The authorized treating physician determines which benefits are suitable for a patient. Workers’ compensation benefits may include:
- Medical treatment paid by employer, provided for as long as treating physician says
- Reimbursement for mileage to and from medical treatment if travel exceeds 15 miles from home to destination treatment
- Temporary disability benefits replace an injured worker’s wages beginning on the eighth day off work and paid retroactively to the first day if the disability lasts or exceeds fourteen days. Benefits are usually two-thirds of average weekly wages for the year before the injury and are paid by employer’s workers’ compensation insurance carrier
- Partial disability benefits paid if work is restricted, but employee must strictly follow physician’s orders as failure to accept light duty may terminate partial disability payments
Steps to Take After Suffering a Worksite Injury
Workers injured on the job in Tennessee or Georgia should seek immediate medical care and properly document their injuries.
In both states, employees must report the injury to their supervisor as soon as possible—typically within a set timeframe (15 days in Tennessee, and within 30 days in Georgia) from the accident date.
To file a workers’ compensation claim, the employer must complete the necessary forms available through the state’s labor department. If an employer refuses to complete these forms, the injured worker should consult a local attorney for assistance in ensuring they receive the compensation they deserve.
Choosing an Authorized Treating Physician
The injured employee must choose an authorized treating physician from a pool of three doctors approved by their employer.
This choice can be made after any emergency treatment initially required right after the accident.
That physician will see the employee through from the first visit until the employee is healed and cleared to return to the job.
Under workers’ compensation, the employer should pay for any medical treatment necessary after the employee’s job-related injury.
The employee’s supervisor must also provide an Agreement between Employer/Employee Choice of Physician (Form C-42) authorizing the physician chosen by the employee to treat the injury.
The employee should keep a copy of Form C-42 as proof of accepting medical treatment from the selected physician.
What If a Workers’ Comp Claim is Denied?
Sometimes, the insurance company that writes a workers’ compensation policy for an employer will deny an employee’s claim.
Usually, the adjuster will argue that the employee was not hurt on the job, or that the employee caused the accident through their own negligence.
If an adjuster denies a claim, a Tennessee or Georgia workers’ compensation attorney could challenge the decision.
It should also be noted that an employee cannot be fired for reporting a worksite injury under Tennessee law.
If a worker believes they lost their job due to filing for workers’ compensation, they should seek legal assistance immediately.
