Tennessee Work Comp. - Work Restrictions

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 terminated.  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

    

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.

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

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.

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!

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.

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.