NASHVILLE WORKERS’ COMPENSATION LAWYERS

In 2013, the workers’ compensation system in Tennessee underwent a major overhaul, with Governor Bill Haslam signing in a law that revamped the structure and oversight of the program. The law made adjustments to who is eligible for benefits and how those benefits are calculated. Unfortunately, it can still be difficult to navigate the system and prove your entitlement to workers’ compensation benefits.

The Nashville workers’ compensation lawyers at Hughes & Coleman Injury Lawyers know the ins and outs of workers’ compensation in Tennessee, including the latest changes. We can help you put together a strong case to prove your claim as well as fend off any potential challenges.

Call us today at 800-800-4600 for a free consultation.

At Hughes & Coleman Injury Lawyers, our Nashville personal injury attorneys handle workers’ compensation cases in the Nashville area. Our passion is helping injured workers receive the full benefits they deserve in a reasonable timeframe so that their lives are interrupted as little as possible.

You may or may not be familiar with how the workers’ compensation system works. If you were injured on the job, though, you will likely have to use this system to make a claim for benefits. Our Nashville Workers Comp lawyers will guide you through the process and be by your side the whole time.

Workers’ compensation is an insurance program which Tennessee state law requires all private companies with at least one employee to have. Your employer pays premiums on your behalf, and if you get hurt on the job, you can make a claim for benefits, similar to how you would with your car insurance company after an auto accident.

You can file for workers’ compensation after almost any on-the-job injury, regardless of the circumstances, with very narrow exceptions. Neither your employer nor anyone else has to be explicitly at fault for your injury for your claim to be valid.

If you work construction and slip a disc in your lower back while performing a routine lifting maneuver at work, no one is at fault in this situation. Your employer did not do anything wrong, and neither did your co-workers or even you. However, because it occurred on the job, you can file for workers’ compensation for this injury and a Nashville workers’ compensation lawyer from our firm can help.

In limited circumstances, you might be ineligible for workers’ compensation following an on-the-job injury. Two common circumstances include:

• Your employer denies your claim; or
• Your employer is out of compliance with the program.

Why Your Employer Might Deny Your Claim

Workers’ compensation insurers are businesses and will do what they can to avoid covering your medical bills and lost wages.

That being said, employers and insurers rarely have valid grounds to deny workers’ compensation claims. They can usually only do so in four cases.

• Your injury did not actually occur on the job.
• You were intoxicated at the time of your injury.
• You were otherwise behaving recklessly or dangerously when you got hurt.
• You intentionally injured yourself.

Since the line between careless or negligent behavior — which is not disqualifying — and reckless or dangerous behavior is not always well-defined, the third condition above has the most gray area. An experienced Nashville workers compensation lawyer is able to anticipate any such challenges from your employer, and we will be ready to counter them with a strong case.

Your Employer Was Out of Compliance at the Time of Your Injury

If your employer was out of compliance with workers’ compensation when you were injured, the effect could be similar to what would happen if you got into an auto accident after your car insurance policy had lapsed. In other words, your claim for benefits might not be valid.

Fortunately, when this rare situation comes up, personal injury lawyers have several options for recourse. You may still be eligible to recover compensation for your injuries; a workers comp lawyer in Nashville will just have to go about pursuing them differently. In your initial consultation with Hughes & Coleman Injury Lawyers, our legal team can discuss this contingency with you.

While you can file a workers’ compensation claim so long as your injury occurred at work, you might also be able to recover additional compensation if another party caused or contributed to your injury.

Individuals and businesses, known as “third parties,” who might be liable for a work-related injury include the following:

• Site owners
• Building owners
• Vendors
• Contractors
• Manufacturers

Examples of Potential Third-Party Claims

Claim Example #1: You suffered injuries when defective scaffolding collapsed at your job. You would be entitled to workers’ compensation benefits, but you would also able to file a claim against the manufacturer for creating defective scaffolding.

Claim Example #2: You fell down the stairs at your office because the handrail in the stairwell was broken. You would be able to file a workers’ compensation claim, but you might also be eligible to recover compensation from a claim against the building owner.

Our attorneys fight for the full compensation you deserve, which could include some or all of the following:

• Current and future medical costs
• Time away from work
• Reduced earning capacity

In the case of a third-party claim, you could also be eligible for certain noneconomic damages, such as the following:

• Pain and suffering
• Emotional anguish
• Scarring and disfigurement