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If you or a loved one sustained a work injury, you could have grounds for a work comp claim. A successful claim can lead to several forms of compensation. This includes money for your medical bills, lost wages, and other expenses. But winning a work comp claim is not always easy, especially in Tennessee. In 2013, the state enacted a law overhauling the system. While the idea behind the law was to make the process more transparent and efficient, it did not necessarily make it easier to file a successful claim. The Murfreesboro work comp lawyers at Hughes & Coleman Injury Lawyers can discuss your case and help ensure you put forward the best case to recover benefits. Call 800-800-4600 today.
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A work injury can leave you feeling scared and uncertain about the future. You might be wondering:
Our Murfreesboro personal injury lawyers work through these uncertainties with you and take the stress off your shoulders. We fight aggressively for injured workers, helping them recover the full compensation they deserve. There is something important you should know about work comp. If you are eligible for it, then you cannot sue your employer for a work injury. That is the trade-off of receiving workers’ compensation. It is often easier and faster than a lawsuit, but it also limits your options and types of available compensation. So, you must make the most of your work comp claim, as it is your only avenue to get benefits.
Andrew graduated from law school in 2017, completed and passed the Kentucky Bar Examination, and then launched his career as a lawyer working at Hughes & Coleman. In his years as an attorney, he has witnessed the underhanded tactics insurance companies use to coerce injured victims into taking a lower settlement than they deserve. Far too often, the initial insurance offer barely accounts for the personal loss that a client currently feels, and it certainly doesn’t project or account for the additional loss they will have to manage for the remainder of their life.
Work comp is an insurance program that provides benefits to injured workers. The state manages the program, and participation is mandatory for many private employers in Tennessee. Whether you work part-time or full-time, whether your employer is big or small, work comp likely covers you. Your employer pays premiums into the program on your behalf. These are like the monthly premiums you pay for car insurance. And just like filing a claim with your insurer after an auto accident, you can file a claim with work comp after an on-the-job injury. And, just like with car insurance claims, your employer or their insurer can deny your claim.
Employers are not supposed to deny work comp claims except in specific circumstances. But they do have a financial incentive to reject them when they can get away with it. Similar to car insurers, workers’ compensation insurers can increase premiums for employers who make frequent claims. So, it is in an employer’s financial interest to keep their claims to a minimum. However, employers cannot deny claims just because they feel like it or they want to keep their premiums down. To deny a claim, the employer must be able to prove that work activities were not “primarily” responsible (i.e., more than 50 percent) for the injuries. The employer must also prove that the injury did not occur “during the course and scope of employment.” There are main three reasons an employer could deny your claim:
If your employer tries to deny your claim on either of these grounds, we will be ready for it. Our attorneys will assemble a compelling counterargument based on thorough evidence.
An experienced lawyer does more than make promises; they deliver results. We founded Hughes & Coleman to get hard-earned results for each and every one of our clients. We fight hard every day and for every case.
There are two main situations in which an injured worker may face difficulty collecting workers’ compensation. One, as described above, is when your employer denies your claim. The other is when you file a claim only to discover that your employer has lost its good standing with the program. Your employer can become out of compliance with work comp by failing to fulfill their responsibilities in the program. Our attorneys are prepared for this and may be able to help you pursue other ways of collecting benefits.
Here is another question we often get from clients: Is it possible to get more compensation than workers’ compensation benefits? It is not uncommon for a third party to share the responsibility for a work injury. Just because an injury occurs on the job does not always mean the employer is the only liable party. Here are some other parties that often share in the responsibility for work injuries:
If a third party contributed to your injury, we can pursue them outside the work comp system with a claim or lawsuit.
Our team will fight to recover the full compensation you deserve for your on-the-job injury. Once we investigate your injury, we can determine the total value of your claim. Your work comp claim might include some or all of the following damages:
If we go after a third party in addition to filing a work comp claim with your employer, we might also be able to recover several noneconomic damages:
The Hughes & Coleman Injury Lawyers team in Murfreesboro wants to start fighting for you today and help you recover the money you deserve. For a free consultation with a member of our Murfreesboro team, call 800-800-4600 today.
Cathy White and her team took amazing care of me. From start to finish, they were incredibly professional, attentive, and supportive. Knowing I had Cathy on my side gave me peace of mind throughout the entire process. I can’t recommend her enough if you’re in need of a lawyer.
I have such a professional team helping me with my case. From the start, they have gone above and beyond for me. I’m treated with respect, kept informed and updated and my team genuinely cares about my case. Every person I speak with is kind, professional, and makes me feel supported every step of the way. I can’t thank them enough for their hard work and dedication – they make a stressful situation so much easier. I highly recommend this firm to anyone who needs real help and honest people on their side.
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