Wednesday, November 30, 2011

Tennessee - Doctor's Work Restrictions

Work Restrictions – Tennessee Workers Compensation

Has your workers’ compensation doctor assigned work restrictions?  If so, you need to follow those restrictions.  Your employer also needs to allow you to work within those restrictions.
When a doctor puts you on work restrictions as a part of your work comp claim, it is important that you employer allow you to work within those restrictions.  It's the law.
 There are many good employers, however, sometimes employers do not follow the work comp. doctor’s restrictions. This puts the injured worker in a difficult position.  They are afraid that if they do not do what their employer asks, they will be fired.  At the same time, they do not want to risk further injury by violating the doctor's orders.
The injured employee should follow their authorized treating doctor's orders.  If the employer retaliates, you should contact a workers' compensation lawyer immediately.
If you have been assigned work restrictions by your workers’ compensation doctor but your employer is not following the restrictions, please call Attorney Cody Allison & Associates / The Work Comp. Team at (615) 234-6000.  We will provide you with a free consultation regarding your work restrictions and your claim as a whole.  Put our experience on your side.
Call (615) 234-6000.  We even take calls before/after normal business hours.

Friday, November 11, 2011

Tennessee Work Injury - Medical Treatment

How do you get medical treatment under workers' compensation in TN?
The State of Tennessee requires medical treatment be provided to injured employees.  Your employer and their work comp. insurance company will often ask the question - was the employee really injured on the job or did they get hurt somewhere else?  By giving notice of your on-the-job injury as soon as possible, you will make it easier to establish that your injury did indeed happen at work.  Under Tennessee law, you have thirty (30) days from the date you are injured to report the injury.  You can call Attorney Cody Allison and The Work Comp. Team in Nashville, Tennessee at (615) 234-6000 to learn more.
If it is established that you were hurt on the job, you are entitled to receive medical care.  Tennessee Code Annotated 50-6-405 states the employer is to provide, free of charge, a panel of three (3) or more reputable physicians or surgeons, not together in practice, from which the employee may select one for treatment.  That physician is termed the “authorized treating physician”. If you injury your back, the panel will should include four (4) or more physicians, one of which must be a chiropractor.  Once the injured employee selects a physician, this physician will direct all medical treatment for the employee's workers' compensation injury.  This medical care is to be paid for by the employer's workers' compensation insurance company.
What if you need a specialist for your Tennessee work injury?  If a specialist is required, the physician may refer the employee, or the employer may offer another panel of specialists from which the injured employee can choose.
Medical treatment extends for as long as required by the authorized treating physician. If appropriate, this physician will provide the employee with off-work excuses and light or restricted duty limitations. It is very important that the authorized physician's instructions and restrictions be followed at all times. Even if your employer wants you to violate your restrictions, you should continue to follow your authorized treating physician's orders.
When you are hurt at work, the first step is to report the injury in order to start your medical treatment as quickly as possible.  For more information you may call The Work Comp. Team at Attorney Cody Allison & Associates 24/7 at (615) 234-6000.

Nashville, Tennessee workers’ compensation / Middle  Tennessee workers’ compensation / Davidson County workers’ compensation/ TN work comp/ Nashville work comp lawyer  Nashville work comp attorney

Thursday, November 10, 2011

Hernia or Rupture Injuries Under Tennessee Workers' Compensation Law

Under Tennessee law, workers' compensation claims involving a hernia or rupture injuries have special rules.  These rules are shown below as found in Tennessee Code Annotated section 50-6-212.  If you have suffered a work injury in Tennessee, please call The Work Comp Team at Attorney Cody Allison & Associates at (615) 234-6000.   We can come to see you if you are not able to come to our office.


50-6-212.  Hernia or rupture.
  (a) In all claims for compensation for hernia or rupture, resulting from injury by accident arising out of and in the course of the employee's employment, it must be definitely proven to the satisfaction of the court that:

   (1) There was an injury resulting in hernia or rupture;

   (2) The hernia or rupture appeared suddenly;

   (3) It was accompanied by pain;

   (4) The hernia or rupture immediately followed the accident; and

   (5) The hernia or rupture did not exist prior to the accident for which compensation is claimed.

(b) All hernia or rupture, inguinal, femoral or otherwise, so proven to be the result of an injury by accident arising out of and in the course of the employment, shall be treated in a surgical manner by a radical operation. If death results from the operation, the death shall be considered as the result of the injury, and compensation paid in accordance with the provisions of this chapter.

Thursday, October 13, 2011

Tennessee Employee Drug /Alcohol Screen May Not Cut Off Work Comp.

Yes, it is true.  Just because you have been found to have some level of drug or alcohol in your system when taking an employer's drug screen following a work injury, does not necessarily mean your Tennessee workers' compensation benefits can be cut off.  The amounts detected have to be of a certain level before your benefits can be cut off. 

Pursuant to Rule 0800-02-12-.10(3) (Reporting and Review of Results), under the Tennessee Drug Free Workplace Program (“TDFWP”) Rules, promulgated pursuant to the authority of T.C.A. 50-9-105(a), T.C.A. 50-9-107(a), and T.C.A. 50-9-111(a)(3) et seq., the Employee may contest or explain the result to the Medical Review Officer (“MRO”) within five (5) working days after receiving notification of the test result from the MRO. 

            Additionally, pursuant to Rule 0800-02-12-.11 (Employee Protection), under the TDFWP, a covered employer may not discharge, discipline, refuse to hire, discriminate against, or request or require rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test and by a medical review officer.”  

            T.C.A. 50-9-104 (a) states, in part, …“If a covered employer fails to maintain a drug-free workplace program in accordance with the standards and procedures established in this section and in applicable rules, the covered employer shall not be eligible for: (1) Discounts under section 50-6-418; (2) A shift in the burden of proof pursuant to 50-6-110(c); or (3)Denial of workers’ compensation medical and indemnity benefits pursuant to this chapter….”

            Further, even if an employee has a positive drug and alcohol screen, pursuant to TDFWP Rule 0800-02-12-.03(17)(a) and (b), the Employer is ONLY able to terminate the employee and cut off their workers’ compensation benefits IF the amounts detected reach “Prohibited Levels” as defined by the Rules.   

Call The Work Comp Team at Attorney Cody Allison & Associates today at (615) 234-6000 to determine the status of your workers' compensation benefits.  

We know Tennessee work comp - we can help!






Thursday, September 15, 2011

Tennessee Nurses - denied claim

If you're a Tennessee nurse, there is good news if your claim has been denied by your employer.  You can fight the denial. 

Unfortunately, many valid claims are denied each year.  You were injured while doing your job and the employer tries to make you feel like it is your fault.  This is not uncommon.  Don't allow your employer to make you feel like you have done something wrong, get an attorney on your side who handles workers' compensation cases.

Remember, you need to report your claim right away.  If you don't report your injury within thirty (30) days your claim can be denied.  A nursing job, whether in a hospital or special care facility, can be hectic.  Sometimes this means that the injured employee (nurse) will put their own well-being on hold to take care of a patient.  When injured, nurses should report their injury as soon as possible, in order to make sure proper notice is given. 
At Cody Allison & Associates / The Work Comp Team (615) 234-6000 we handle denied nursing claims.  We have a great deal of experience with even the most difficult claims.

Friday, August 26, 2011

Mental Injuries Under Tennessee Workers' Comp. Law

Several years ago there was a tragic event involving a postal worker who was making her deliveries when a man appeared before her and took his own life with a gun.  The postal worker was delivering mail to the man's house and he apparently wanted someone to see him depart this earth.  Due to witnessing this event the postal worker became depressed and could no longer perform her job.  While her claim would be subject to federal workers' compensation laws, this type of scenario illustrates that tragic events on the job can cause a person to suffer a mental injury under Tennessee work comp. law. 
Tennessee case law defines mental injuries as follows:
In Turner v. Bridgestone/Firestone North American Tire, LLC,  2010 Tenn. LEXIS 146 (Tenn., March 2, 2010) (attached) The Tennessee Supreme Court held, “The Tennessee Supreme Court has long recognized two factual situations in which employees may recover workers’ compensation benefits for mental disorders.   First, recovery has been allowed for a mental injury by accident or occupational disease, standing alone, if the mental disorder is ‘caused by an identifiable stress, work-related event that produces a sudden mental stimulus such as fright, shock, or excessive unexpected anxiety.’” Ivey v. Trans Global Gas & Oil, 2 S.W.3d 441, 447 (Tenn. 1999); Hill v. Eagle Bend Mfg., Inc., 942 S.W.2d 483, 488 (Tenn. 1997); Batson v. Cigna Prop. & Cas. Cos., 874 S.W.2d 566, 570 (Tenn. 1994).  Second, compensation for psychological disorders has been allowed when an employee sustains a compensable work-related injury by accident and thereafter experiences a mental disorder which is caused by the original compensable work-related injury.  Batson, 874 S.W.2d at 570.
Shocking events which result in mental impairment qualify for benefits under Tennessee workers' compensation laws.  If you believe you have suffered a mental injury on the job, or any type of work injury, please call The Work Comp Team at Cody Allison & Associates at (615) 234-6000 for a free consultation.  You can also visit our website at workcompteamtn.com.   Call 24/7.

Thursday, June 9, 2011

The Economy Can Effect Your Tennessee Work Comp Claim

These days, if you turn on the television, listen to the radio, or open the newspaper, chances are you run across at least one headline about the tough economy.  I was recently asked if the economy could affect a Tennessee workers' compensation claim.  It can.

First, there are incentives in TN work comp law to put injured employees back to work.  Due to the tough economy, or other reasons, some employers want the advantages the law offers for putting an injured TN employee back to work, however, they ultimately want to get rid of them.  How is this situation addressed under the law?

If the injured employee is returned to work at the same wage or greater, the employer gets to "cap" the employee's permanent partial disability award under TN law.  In short, this means less money for the injured employee in terms of the claim award, however, this is offset by the fact that they do get their job back.

Sometimes employers will return the injured employee to work and receive the benefit of the "cap" but then fire the employee, through no fault of the employee, at a later time.  This scenario (under certain time lines) would entitled the injured employee to a Reconsideration claim.  A Reconsideration claim under TN law allows the employee to reopen their workers' compensation case and receive more money.

Tennessee law was amended approximately a year ago and states that if an injured employee is returned to work, and their pay is reduced due to an "economic downturn" in business, the employee may not seek reconsideration.  The law also states that in order to make sure this is the true reason, the employer must also show that this same reduction in pay applied to at least 50% of its employees.

If you need help with your Tennessee work comp claim, please call our office, Attorney Cody Allison & Associates (615) 234-6000 and speak with one of our helpful staff members.  We handle cases all over the State of Tennessee and will be happy to come to you, if needed.  You can also e-mail me at cody@codyallison.com.







Nashville, Tennessee workers’ compensation / Middle  Tennessee workers’ compensation / Davidson County workers’ compensation/ TN work comp/ Nashville work comp lawyer /  Nashville work comp attorney / money in TN work comp claims /

Wednesday, June 8, 2011

Tennessee Workers' Compensation - Nurse Back Injury Claims

As I have posted previously, my wife is a Tennessee nurse.  I have great respect for the profession.  Our law firm, Cody Allison & Associates, PLLC was privileged to participate, as a Silver Level Sponsor, in the 2010 Tennessee Nurses Association (TNA) annual convention in Franklin, TN.  Our primary sponsorship was for the Awards Luncheon.

In speaking with several nurses at the convention who visited our booth, I heard many times about the potential for back and shoulder injuries in the profession.  Nurses of all ages and skill levels are at risk for injury. 

A couple of tips for injured Tennessee nurses include:

1)  Don't be afraid to report your injury!  Workers' compensation insurance exists for a reason.  I spoke with a nurse recently who injured her back several years ago but never reported the injury.  She was afraid to get a lecture on proper lifting technique from her boss.  Ultimately, she allowed the legal time to make a claim pass, but still has to deal with the painful effects today.  This is so unfortunate.

If you are a TN nurse and are injured on the job, report your injury to your supervisor.  You have thirty (30) days from the date of an acute injury to report the injury.  It is always good to document your report in writing and take a witness, if possible.

2)  Follow your work comp treating doctor's restrictions!  Many nurses are returned to work after a serious injury under a doctor's restrictions but are asked to violate those restrictions in order to help "the team".  Remember, your employer has to abide by your restrictions.

Our team at Attorney Cody Allison & Associates / The Work Comp Team is often forced to intervene on behalf of clients to make sure their restrictions are being followed.  This is obviously important to allow you to heal completely.

If you have questions about your Tennessee work comp case, please feel free to contact our office for a free attorney consultation at (615) 234-6000.  Also remember, if you can't come to us, we will come to you.








Nashville, Tennessee workers’ compensation / Middle  Tennessee workers’ compensation / Davidson County workers’ compensation/ TN work comp /TN work comp attorney / TN work comp lawyer / Nashville work comp lawyer / Nashville work comp attorney

Wednesday, June 1, 2011

How Do I Settle My Tennessee Workers' Compensation Claim?

In Tennessee, workers' compensation cases are routinely settled.  However, not every case is able to be settled.  Sometimes the court system must be utilized.  Settlement can be a good thing if the insurance company is offering a fair amount and the employee wants to eliminate the risk of a judge ordering less at trial.  Likewise, the work comp. insurance company may want to settle if they believe they will eliminate unnecessary risk.  However, you need to be careful when settling your case to make sure that you have fully investigated the potential value of your case and are getting a good deal.

So the question looms - what is a fair amount to settle your Tennessee work comp. case? 

Of course, each case is different and it is impossible to give a "one size fits all" answer.  However, here some areas to investigate to see if you are receiving a fair settlement offer.

1)  Examine the treating doctor's impairment rating.  You want to know if his/her rating is considered low for the type of injury you sustained.  You may want to consider seeking an independent medical exam (IME) to compare the rating with that of another qualified doctor.

2) Did the treating doctor issue permanent restrictions and if so, how will those restrictions affect your ability to perform your job in the future? 

3)  Is your TTD and PPD weekly benefit rate (comp. rate) being figured correctly? You want to see the employer's 52-week wage statement.

4)  Were you fired, laid off?  If so, what was the reason.  Have you been returned to a job which is outside your permanent restrictions?  These things can make a big difference in the amount of money you are entitled to receive.

5)  If you were fired, laid off (through no fault of your own) or placed on a job outside your permanent restrictions , you need to look into the "multipliers" which apply when the employee does not receive a "meaningful return to work".  This will help determine the amount of money you are entitled to.

These are some of the big areas you want to examine when deciding whether or not to settle your Tennessee workers' compensation claim.  If you are unsure if you should settle your case, please feel free to contact us at Attorney Cody Allison & Associates / The Work Comp. Team (615) 234-6000 and we will be happy to discuss your case with you.  Please feel free to call 24/7.





Nashville, Tennessee workers’ compensation / Middle  Tennessee workers’ compensation / Davidson County workers’ compensation

Friday, May 27, 2011

Do I Need An Attorney To Handle My Claim?

You are not required to have an attorney represent you in your Tennessee workers' compensation claim.  However, unless you are familiar with the Tennessee workers' compensation laws you may not be aware of many of the monetary and medical benefits you are entitled to under the law.

At Attorney Cody Allison & Associates /The Work Comp Team (615) 234-6000 we will be happy to speak with you about your case so you can make an informed decision regarding hiring an attorney.  You can call our office 24/7. 

Nashville, Tennessee workers’ compensation / Middle  Tennessee workers’ compensation / Davidson County workers’ compensation

Tennessee Workers' Comp. Reconsideration?

Under Tennessee law, if you have a permanent injury and are returned to work at the same pay rate, you are limited in the amount of money you can recover.  The term "capped" is often used to describe this situation.  This gives your employer an incentive to rehire you.

Sometimes, the employer will try and skate around the rule by firing the injured worker shortly after they return to work.  Thus, the employer received the benefit of the cap but did not truly give the employee their benefit - the job.

What can be done about this injustice?  Reconsideration.

Under Reconsideration, the injured employee is allowed to re-open their case and it is treated as if they were never returned to work.  This potentially means more money.  If the employee is terminated, without fault, within either 200 weeks or 400 weeks (this depends on the type of injury) of being returned to work initially, they may be entitled to Reconsideration.

If you fit this category, please contact our office at Attorney Cody Allison & Associates / The Work Comp Team (615) 234-6000.  You can also e-mail us at cody@codyallison.com.  We will be happy to speak with you and find out if you are eligible for Resconsideration.

Thursday, May 26, 2011

How Is Your Weekly Benefit Rate (Comp. Rate) Calculated?


Your weekly benefit rate (comp. rate) is a percentage of your average, weekly gross pay over the course of a 52-week period.  In order to determine your comp. rate, employers will submit a Form C-41 to the Tennessee Department of Labor and Workforce Development, Division of Workers’ Compensation.  

On this form, your employer lists your weekly gross wages for the past 52 weeks.  Then, an average weekly wage is established from the weeks listed.  Finally, you take 66 and 2/3 percent of the average weekly wage and you have found the comp. rate.  There are also maximum and minimum rates that apply when a comp. rate is extremely high or extremely low.  If you have questions about your weekly benefit rate, or any other portion of your workers’ compensation claim, please contact Attorney Cody Allison & Associates / The Work Comp. Team at (615) 234-6000.

Below is a copy of the C-41 Wage Statement from the Tennessee Department of Labor and Workforce Development.

 FORM C-41
TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT
Division of Workers' Compensation
220 French Landing Dr.
Nashville, Tennessee 37243-1002
WAGE STATEMENT
It is a crime to knowingly provide false, incomplete or misleading information to any party to a workers' compensation transaction for the purpose of committing fraud. Penalties include imprisonment, fines and denial of insurance benefits.

State File #
Employee: SSN:
Insurer Claim #:
Date of Injury

In order to determine the correct rate of compensation to be paid to the above injured party, please fill in the schedule below and return it promptly. This information is required by law and no agreement for payment of compensation can be made until it has been received. Please complete 52 weeks prior to date of accident.
Please describe allowances of any character made in lieu of wages that must be deemed a part of employee's earnings:




Nashville, Tennessee workers’ compensation / Middle  Tennessee workers’ compensation / Davidson County workers’ compensation

Wednesday, May 25, 2011

What is a Request for Assistance Through The Tennessee Department of Labor and Workforce Development?

A Request for Assistance is a formal way to ask the Tennessee Department of Labor to intervene in your claim to resolve a conflict between you and your employer/work comp. insurance company. 

As an example, if an injured employee’s medical treatment is being denied, or they are not receiving their temporary disability payments the employee can file a Request for Assistance.  This is an efficient way to address a conflict under Tennessee workers’ compensation law, through the Tennessee Department of Labor, prior to taking action in court.  If you are have questions concerning your Tennessee work comp. claim, feel free to contact our office at Attorney Cody Allison & Associates / The Work Comp. Team (615) 234-6000.

Below is a copy of the Request for Assistance form from the Tennessee Department of Labor.  You can access the form through the Tennessee Department of Labor’s website.  If you have any questions about the form you should contact the Tennessee Department of Labor and/or a Tennessee attorney who handles workers’ compensation claims. 



________________________________________________________________________
FORM C40A LB-0381 (REV. 04/09) Pg 1 of 2 RDA 10183

 TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT
Division of WorkersCompensation
                                                            2222 Rosa L. Parks Blvd.
Nashville, Tennessee 37228
                                                        Toll Free: 1-800-332-2667
FAX: 615-253-1223 or 615-253-2479
   REQUEST FOR ASSISTANCE
Failure To Complete All Items On This Form Will Cause Delay In Processing And May Result In The Form Being Returned To The Requesting Party. For assistance in completing this form call 1-800-332-2667.
It is a crime to knowingly provide false, incomplete or misleading information to any party to a workers’ compensation transaction for the purpose of committing fraud. Penalties include imprisonment, fines and denial of insurance benefits.
A)    DATE OF INJURY:

B) ASSISTANCE IS REQUESTED FOR: (Check all that apply)
Temporary Disability Benefits: Medical Care Benefits:
Penalty for late payment or non-payment of benefits: Discovery:

C)INJURED EMPLOYEES NAME:
SSN: Date of Birth:
Street Address:
City: State: Zip:
County: Phone:
Email Address:
Is Employee Represented By An Attorney?
Attorneys Name:
Mailing Address:
Telephone: Fax:
Email Address:


D) EMPLOYERS NAME:
Street Address:
City: State: Zip:
County: Telephone:
Email Address:
Is Employer Represented By An Attorney?
Attorneys Name:
Mailing Address:
Telephone: Fax:
Email Address:
Do Five Or More Employees Work For Employer?
E) WORKERS’ COMPENSATION INSURANCE COMPANY:
Company Name:
Street Address:
City: State: Zip:
Adjuster’s Name:
Telephone: Fax:
Email Address:
F) BRIEF DESCRIPTION OF INJURY:
Nature of Injury (carpal tunnel, broken arm, etc.)
How injury occurred (fell, lifting, driving, etc.)
_____________________________________________________________________
When did Employee report injury to employer?
To Whom? Person’s Title:
How long has Employee worked for employer?
County of Injury:
G) MEDICAL TREATMENT:
Was Employee given a choice of three (3) or more treating doctors?
If a panel was provided, which doctor was selected?
(Please attach all relevant records resulting from medical treatment for this injury.
Failure to do so may result in resolution of your request being delayed.)
                DESCRIBE COMPLAINT OR REASON FOR REQUEST:
________________________________________________________________________

For faster service, you may send your completed form directly to the local office that will handle your request. You can find a map of the offices along with addresses and phone numbers by checking our website at http://www.state.tn.us/labor-wfd/wc_map.pdf
I hereby request the Department of Labor and Workforce Development to assist in any disputed workerscompensation issues related to the above-detailed injury. I also authorize the Department of Labor and Workforce Development to contact any person who has information regarding that injury. If the undersigned is the Injured Employee or the Injured Employee’s legal representative, authorization is also given to the Department of Labor and Workforce Development to use the Injured Employee’s social security number in any manner necessary to provide the requested assistance.
DATE:
SIGNATURE OF REQUESTING PARTY
PRINTED NAME OF REQUESTING PARTY
REQUEST FOR ASSISTANCE form must be signed by Requesting party or authorized representative

RFA NUMBER
STATE FILE NUMBER FORM C40A LB-0381 (REV. 04/09) Pg 2 of 2 RDA 10183

Nashville, Tennessee workers’ compensation / Middle  Tennessee workers’ compensation / Davidson County workers’ compensation

Nashville Work Comp Attorney – My Best Advice

I have been asked several times over the years what’s my best advice for getting the most out of a Tennessee workers’ compensation claim.  While there are many important parts involved in handling a work comp. claim, and every claim is different, at the top of my list would be – don’t delay. 
If an employee has been injured on the job, they should immediately report the injury.  Under Tennessee law, you have thirty (30) days to report the injury.  The names and contact information of any witnesses should be obtained right away.  If medical treatment or temporary disability payments are not being made, these issues should immediately be discussed with the workers’ compensation insurance company or the Tennessee Department of Labor, Workers’ Compensation Division.
Over the years, I have seen delays cost injured workers money.  If you have been hurt at work and want a free case evaluation with an attorney, we would like to speak with you as soon as possible.  You can reach Attorney Cody Allison & Associates / The Work Comp. Team at (615) 234-6000.  You can also e-mail us at cody@codyallison.com.

   Nashville, Tennessee workers’ compensation / Middle  Tennessee workers’ compensation / Davidson County workers’ compensation

Tuesday, May 24, 2011

What Happens First In a Tennessee Workers’ Compensation Claim

What should you typically expect at the very beginning of your Tennessee workers’ compensation case? You should report your injury to your employer/supervisor as soon as possible.  You have thirty (30) days to report your injury.  Your employer should then notify their workers’ compensation insurance company, unless they are self-insured.  When the work comp. insurance company receives notice of your injury, they have two (2) working days to make contact with the injured worker or their employer.
Next, they must make a determination if they are going to accept or deny the claim of the injured worker.  They have fifteen (15) days to make this decision once they know of the injury.  If your claim is accepted, you should be provided a panel of physicians to choose from.  You may also be due compensation as you go through your medical treatment.
If you have been hurt at work call Attorney Cody Allison & Associates / The Work Comp Team (615) 234-6000 and put our team on your side. 

Nashville, Tennessee workers’ compensation / Middle  Tennessee workers’ compensation / Davidson County workers’ compensation

Is My Work Injury Case Covered Under Tennessee Law?

I recently accepted representation in a work comp. case where my client lives in Arizona.  She is a long-haul, tractor-trailer driver.  She drives for a trucking company headquartered in Tennessee but runs a route from Arizona to Pennsylvania.  Her employer's policy covers claims under Tennessee law.  We immediately got her set up for medical treatment near her home. 

While this case was clear, many cases involve legal analysis to determine which state has jurisdiction.  Jobs which require extensive travel (such as over the road truck drivers, sales persons and construction workers) see this issue the most.  When making a decision about which laws to apply important factors include:  1) where the employer resides, 2) where the injured employee lives or resides, 3) where the employee was hired and 4) where the injury occurred.

If you believe you may have a Tennessee work comp claim but need more information, please give our office at Attorney Cody Allison & Associates / The Work Comp Team a call at
(615) 234-6000.  We can generally tell you which state laws are applicable when you answer a few questions.

Nashville, Tennessee workers’ compensation / Middle  Tennessee workers’ compensation / Davidson County workers’ compensation



What is a Tennessee Workers’ Compensation Nurse Case Manager?

If you have undergone medical treatment for your Tennessee work comp injury chances are you have met a person called a nurse case manager. 
This person is normally hired by the workers' compensation insurance company to monitor your medical treatment and to report back to the adjuster regarding your medical treatment /progress.
Is the nurse case manager on your side?  This question could be answered a number of different ways.  They are generally hired by the insurance company, so many patients feel as though they are looking for ways to save the insurance company money.
Can the nurse case manager go into your medical appointment?  Only with your consent.  They can speak with the medical provider after your appointment to find out how you are progressing and report back to the insurance company.
If you have questions about your nurse case manager, medical treatment or other matters related to your Tennessee workers’ comp. claim, please feel free to call our office for help.  Attorney Cody Allison & Associates / The Work Comp Team (615) 234-6000.



Nashville, Tennessee workers’ compensation / Middle  Tennessee workers’ compensation / Davidson County workers’ compensation

The Work Comp Team Only Gets Paid If We Recover for the Injured TN Worker

Many people have asked me how an attorney gets paid in a Tennessee work comp. case.  At Cody Allison & Associates we receive a “contingency fee” if we recover monetary benefits for our clients.  Tennessee law sets an attorney’s contingency fee in a workers’ compensation case at no more than 20% of the client recovery. 
The contingency fee that an attorney receives is named so because the fee is contingent on the attorney recovering for the client.  At Attorney Cody Allison & Associates / The Work Comp Team (615) 234-6000 we only get paid an attorney fee if we recover monetary benefits for the injured employee.   This way the injured employee does not have to worry about paying the attorney and the attorney has to make sure to recover monetary benefits for the client in order to get paid. 
If you think you may have a work comp case we will be happy to speak with you to see if we can help.  Please feel free to call us 24/7 at (615) 234-6000.
If you can’t come to us we will come to visit you.


Nashville, Tennessee workers’ compensation / Middle  Tennessee workers’ compensation / Davidson County workers’ compensation

Monday, May 23, 2011

A Tennessee Workers’ Compensation Attorney Who Listens

Over the years, many people have said to me – “thanks for listening”.  At Attorney Cody Allison & Associates / The Work Comp. Team (615) 234-6000, we pride ourselves on listening to our clients. 
When you have been hurt at work, the last thing you need is to be ignored.  Whether your issue is money (TTD) to pay the bills, getting your medical treatment started, or reimbursement for out of pocket expenses, we want our clients to know that they can rely on us to listen to their needs and act in a timely manner.
If you think you may need to talk to a Tennessee workers’ compensation lawyer, please consider calling our office in Nashville at (615) 234-6000.  You can also e-mail cody@codyallison.com.   We accept work comp claims throughout Tennessee.  You can call our office 24/7.




Nashville, Tennessee workers’ compensation / Middle  Tennessee workers’ compensation / Davidson County workers’ compensation

Temporary Work Restrictions – Tennessee Workers' Compensation

Have you been assigned work restrictions by your workers’ compensation doctor?  What does this mean?
In Tennessee, when a doctor puts you on work restrictions as a part of your work comp claim, your employer is supposed to follow these restrictions.  Although there are many good employers, sometimes employers do not follow the doctor’s restrictions. This puts the injured worker in jeopardy.  Not only could such a situation make the employee’s injury worse, it could also cause the employee to sustain a new injury.
If you have been assigned work restrictions by your workers’ compensation doctor but your employer is not following those restrictions, please call Attorney Cody Allison & Associates / The Work Comp. Team at (615) 234-6000.  We will provide you with a free consultation regarding your work restrictions and your claim as a whole.  Put our experience on your side.



Nashville, Tennessee workers’ compensation / Middle  Tennessee workers’ compensation / Davidson County workers’ compensation

Nashville – Work Comp. Construction Accidents

Before I became an attorney, I worked some construction jobs. Growing up in Tennessee, many of my friends worked at restaurants while attending the University of Tennessee - Knoxville.  I chose to work construction jobs.  I enjoyed construction work.  I liked being outdoors, seeing the progress of my work at the end of the day and experiencing that “good tired” feeling from my hard work.
When I first started working construction (as a temporary contract laborer for Brasfield and Gorrie), I quickly realized that the job, by nature, presented many dangerous conditions.  I had some near misses of my own despite the fact that I was extremely careful.  It seemed like the potential existed everyday for someone on the worksite to injure their back, neck, shoulder, leg or head. 
When I started to practice law, I knew I wanted to help injured Tennessee workers. As a work comp attorney in Nashville, I have the unique opportunity to help injured workers all across the State of Tennessee.  I take pride in representing the hardworking people of Tennessee.  If you suffer a work injury, please do not hesitate to contact my office to see if we can help.  You can reach Attorney Cody Allison & Associates at (615) 234-6000.   You can also e-mail cody@codyallison.com.  We represent people from East, Middle and West Tennessee and everyplace in between.  You can call us 24/7.  We will be happy to come to you if you are unable to come to our offices.




Nashville, Tennessee workers’ compensation / Middle  Tennessee workers’ compensation / Davidson County workers’ compensation

Tennessee Nurses – Workers’ Compensation Claims

My wife is a nurse.   I have great respect for the profession.  Nurses are the cornerstone of the American healthcare system.  Without nurses, the system could not function effectively. 
The nursing profession requires brains and sometimes, brawn.  Nurses are required to make quick mathematical calculations, breakdown medication charts and recognize a variety of symptoms to avert disaster.  However, nurses are also required to move patients and prevent patients from falling.  This can lead to serious back, neck and shoulder injuries.

If you are a nurse who has been injured at work, make sure you follow your treating doctor's restrictions.  One of my clients, a nurse in Winchester, Tennessee, recently returned to work following a serious shoulder sugery.  She was asked to work beyond the scope of her restrictions.  We fought her employer to stop this situation before her injury became worse.  Many times nurses are asked to "help the team" and work beyond their restrictions, despite the limitations placed on them by their doctor.  This is wrong and you are not required to work beyond your restrictions.
At Attorney Cody Allison & Associates / The Work Comp. Team (615) 234-6000, we represent nurses due to a variety of on-the job injuries.  We are located in Nashville, Tennessee; however, we often travel around the State of Tennessee to meet with clients.  We will be happy to come to you if you need to consult with an attorney regarding your workers’ compensation claim.
If you are a Tennessee nurse who has been hurt at work, please call our office today for a free consultation. 

Nashville, Tennessee workers’ compensation / Middle  Tennessee workers’ compensation / Davidson County workers’ compensation

Tennessee Department of Labor – Employer’s First Report of Injury


Did you know that a report of all known work injuries or illnesses in Tennessee must be submitted to the employer’s insurance carriers within one (1) working day from the time the injury becomes known?  The form on which this information is submitted to the Tennessee Department of Labor, Division of Workers’ Compensation is called a Form C-20. 

What injuries must be reported?  Injuries which cause an employee to seek medical treatment in a place that is outside the employer’s premises, an employee’s death, permanent impairment or absence from work.
  
If you have been injured at work, such that your employer has had to file a First Report of Injury form, our office will be happy to speak with you to see if we can assist you in handling your Tennessee work comp claim.  You can call Attorney Cody Allison at (615) 234-6000, or e-mail cody@codyallison.com.  Please feel free to call 24/7.  We are located in downtown Nashville, Tennessee.  We will be happy to come to you if necessary.


Nashville, Tennessee workers’ compensation / Middle  Tennessee workers’ compensation / Davidson County workers’ compensation