Murfreesboro Work Comp Lawyers

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.

A work injury can leave you feeling scared and uncertain about the future. You might be wondering:

• How will I pay my medical bills?
• What if my employer denies my claim?
• Does it matter if I was at fault for my injury?

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.

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:

• You were intoxicated at the time your injury occurred;
• Your injury did not occur at work; or
• You purposefully injured yourself.

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.

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:

• Job site owners
• Building owners
• Manufacturers
• Contractors and subcontractors
• Vendors

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:

• Current and future medical bills
• Lost income from work
• Reduced earning capacity

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:

• Pain and suffering
• Emotional anguish
• Loss of consortium
• Scarring and disfigurement