What To Do When Injured?
It is critical that you take the following steps in your Workers Compensation case:
1. Immediately notify your employer of your injury. The "First Report of Work Injury" form needs to be completed in Tennessee. Try and obtain a copy of this report so that you have a record of it. The Tennessee Workers Compensation Law requires the notice to be given within thirty (30) days of the injury. There are exceptions to the rule but don't risk it.
2. Seek treatment immediately and keep receiving treatment until released by your doctor. Three (3) non–practice associated physicians should be made available to you. They should be in or near the community where you live. Which of the three you choose is entirely up to you. After you accept treatment from one of these you must not see another doctor unless a referral is made.
3. Be honest with your doctor. Do not overstate the locations of or exaggerate your injuries. The approved doctor will not believe inaccurate or unspecified injuries. It is very important that you are as specific with your doctor as possible. Responses of "okay" and "fine" will not help you get the proper diagnosis and treatment. Also be aware of accidents on Friday afternoons. An injury sustained on Friday but not reported until Monday can easily be doubted as a workplace injury and dismissed by an employer as something that happened over the weekend. Remember that in Tennessee you are entitled to a choice of three doctors. Try and get some advice before you select your physician. Some are known to be excellent caregivers and some are known to be less desirable. Selecting the right physician is likely one of the most important decisions you will make for your future health and the course of your case. Our firm is familiar with many of the workers compensation physicians in the Memphis area and help is just a phone call or email away.
OFF WORK PAYMENT: You may be entitled to temporary disability payments if your doctor takes you off work for more than seven days. Injured employees are not paid for the initial seven (7) days they are disabled. A day's benefits are due for each subsequent day off work through the fourteenth (14th) day when the first seven (7) are then paid meaning that disability benefits are paid for all fourteen (14) days.
MILEAGE: If it is more that fifteen (15) miles in each direction to see you workers compensation doctor or other health care provider you can get reimbursed for your mileage. Unfortunately, sometimes insurance companies will not inform you of this right and considering the costs of gas this can add up quick. So don’t be afraid to ask for your mileage back. You are entitled to it.
GET REPRESENTATION: Tennessee Workers Compensation law is confusing and complex. Find an attorney who knows the law. Jim Higgins leads the workers compensation division of the firm and he has over twenty years of experience litigating these cases across the state. He began his carrier defending work comp claims but now he only represents employees. Without proper counsel, you will have no way of knowing if you are being treated in a fair manner. If you would like to learn more, contact us either online or by calling 800-705-2121.