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Work-related injuries are fairly common occurrences, resulting from either on-the-job accidents or repetitive duties that stress the body or repeatedly expose it to harmful conditions. Thus, workers' compensation was created as a way to compensate injured workers for lost wages and medical expenses, as well as providing for their dependents while they are unable to work, regardless of fault. Even when an on-the-job accident or repetitive exposure results in death, workers' compensation is designed to provide for the dependents of those who are killed.
If you injured on the job, you are entitled to fair compensation for your injuries. Your employer is required by law to carry workers' compensation insurance coverage and should give you a workers' compensation claim form. As an injured worker, you are entitled to receive the necessary medical treatment including doctors visits, physical therapy, prescriptions, medical supplies, etc. If you are permanently disabled, you are entitled to the compensation provided for such under state law. Finally, you should also be able to keep your wages coming in while you are recovering from your disability.
Even though one would think there should be no problem applying for and receiving workers' compensation for an accident that obviously occurred at work, employers often try to deny such claims anyway by pushing blame onto the employee or the injury itself onto a non-work related incident. Also, you should realize that it is the business of your employer's insurance company to settle for the least amount possible and thus they will often try by any means necessary to do so. For instance, they can claim you haven't been injured at all or that the injury you've sustained isn't serious enough to qualify for workers' compensation benefits.
However, even if you receive workers' compensation, you should be aware that once you formally accept certain of these benefits you lose the right to sue your employer for the injury pursuant to Tennessee law. Call us first to weigh your options.
Also, negligence does not have to lie directly with you employer, but may in fact lay with a "third party," such as the manufacturer of unsafe equipment, the owner of the property where the injury occurred, another company whose employee caused the injury, contractors, subcontractors, engineers, electricians, architects, insurance companies, and so on.
Finally, we can try to help you keep your benefits coming throughout the course of your rehabilitation and guide you through what can be a very tricky process of dealing with insurance companies and doctors, as well as the Tennessee workers' compensation legal system.
If you have been injured in any way on the job, give us a call so we can help you weigh your options. Our fee comes from the compensation, settlement, or award we procure for you, so we do not receive a fee unless and until you are compensated.
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