Workers’ Compensation

Nearly all adults in the United States, and even some teenagers, have either held or currently hold employment to earn income and cover their expenses. Regardless of the type of job you have, the expectation is that you will be able to go to work, safely complete your shift, and return home to your family. Unfortunately, that is not always the case. While no one expects to get injured or fall ill at work, accidents in the workplace do happen, and the injuries which result may be life-altering.

If the accident which occurs at your place of employment is the result of another person’s negligence, recklessness, or carelessness, you may be eligible to file a workers’ compensation claim for the injuries and losses you sustained. Workers’ compensation claims are known for being challenging and time-consuming, so it is important that you enlist the expertise of a skilled attorney such as ours at OEB Law to assist you with the case.

Our team of attorneys has a combined 50+ years of experience with all types of personal injury claims, including workers’ compensation. We will discuss your situation with you in detail, help you determine if your circumstances qualify for workers’ compensation, and develop the strongest possible strategy to ensure that you get the full compensation you deserve for your workplace injuries.

What Is Workers’ Compensation?

Let us begin by explaining what exactly workers’ compensation is and who can file a workers’ compensation claim. What many people do not realize about workers’ compensation is that it is actually a type of insurance that employers are usually required to carry which will cover the medical bills and other expenses of employees who have been injured on the job.

If you meet certain qualifications, regardless of fault in the situation, you are entitled to workers’ compensation. In order to make use of your employer’s workers’ compensation insurance, these are the qualifications you must meet:

  • You are an employee of the company
  • The employer you work for actually carries workers’ compensation insurance
  • The accident occurred while you were in the process of your normal job-related duties
  • You reported the injury and filed a claim according to state rules (which vary by state)

As long as you meet these qualifications, you should be able to qualify for workers’ compensation benefits.

Those who were injured through the course and scope of their job duties can qualify for workers’ compensation. There are a variety of examples of those who can collect benefits from their company’s workers’ compensation insurance.

If you worked at a big box store and sustained a spine injury while carrying a heavy box, you would very likely qualify for compensation. This would be considered a sudden injury. Other injuries known as gradual injuries would apply as well such as a seamstress who develops carpal tunnel syndrome could collect workers’ compensation benefits as well.

Steps to File a Workers’ Compensation Claim

Once you have been injured at the workplace, your first step is to report the injury or illness to your employee as soon as possible. The sooner you report the injury, the more quickly you will be able to start the claim process. In your report, be sure to document information such as the time, date, and location of the injury, all of the specific details involved in the accident, contact information of witnesses, and the cause of your injury (to the best of your knowledge). This should all be detailed in the report with your employer.

The next step after reporting the injury is to file a claim within the specific timeframe set by state law. Each state has its own time statute for filing a claim, so be sure you get this done quickly so that the expiration date does not expire on your case. In general, it takes approximately 2-3 weeks for the claim to be processed and approved before you will begin receiving benefits. If the case is complicated, takes longer than expected, or is denied, it may be worth your time to enlist the assistance of an attorney such as ours at OEB Law.

Once the claim has been approved, you will receive benefits which cover medical expenses, lost income, and compensation for partial or permanent disability. If you are filing on behalf of your deceased loved one who died on the job, your benefits will be based on that death.

Types of Compensation Available from a Workers’ Compensation Claim

Depending on the extent of your injury or illness, the types of compensation that may be available to you can vary. Some of the most common workers’ compensation benefits include:

  • Medical expenses
  • Lost wages
  • Total or partial disability (temporary or permanent)
  • Impairment with maximum medical improvement rating
  • Death benefits

OEB Final Changes, as of 9/1

In general, workers’ compensation benefits for lost wages are equivalent to approximately 2⁄3 (or 60%) of your average weekly earnings. It’s important that you understand Tennessee’s laws regarding your workers’ compensation weekly pay rates and what can affect those rates.

Why Hire an Experienced Attorney to Help You with a Workers’ Compensation Lawsuit?

It is an unfortunate reality that some employers will attempt to fight employees’ workers’ compensation claims. They may fight these claims because of a fear of an increase in their insurance premiums, the concern that an employee may be faking their injury or illness, a fear that other employees will reduce their productivity and increase absences, and/or a worry that their overall reputation as a desirable place to work will be tarnished.

If this happens, it can be very challenging for the injured employee to use the legal system and fight back for the compensation benefits they deserve. That is why it is wise to hire an experienced attorney to represent your best interests. If your employer attempts to dispute your claim, our attorneys at OEB Law will work diligently to research the situation, gather evidence, and build the strongest possible case to present in court. We will not rest until you get the best possible outcome.

Additionally, hiring an attorney in Knoxville is a great idea because it takes the pressure off of you to deal with the legalities of workers’ compensation insurance. You should be able to focus on the healing and recovery process after your injury rather than stressing out about a contentious legal battle. That is our job, and we want to help you in any way we can.

Contact Our Knoxville Law Firm to Schedule a FREE Initial Consultation

If you or a loved one has been injured, fallen ill, or been killed in the workplace while acting in the normal duties of your job, you may be eligible to file a workers’ compensation claim. Every employee who works for an employer that has this is eligible to file a claim if the injury meets the qualifications listed above. Our team at OEB Law is here to make sure you get the best possible representation for your workers’ compensation claim and can work to obtain the benefits you deserve.

Contact us today to learn more about workers’ compensation insurance and to schedule a FREE initial consultation to discuss your situation. If you meet the criteria for a workers’ compensation claim, we will begin the process immediately and make sure you don’t miss the deadlines for reporting the claim.

Our law firm is here whenever you need us, and we are always happy to answer any questions you may have. Call us now at (865) 546-1111 to start the workers’ compensation process.

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