One of the primary areas of practice at Donati Law Firm is handling workers' compensation claims.

The Tennessee workers' compensation system can be quite confusing to someone who does not work in this field on a day-to-day basis.

If you have been injured at work, it is important to consult with an attorney to determine the full extent of your rights (including medical benefits and monetary benefits) under the Tennessee Workers' Compensation Law.

The following information, in a question and answer format, provides a brief overview of the Tennessee workers' compensation system.  Further information concerning the Tennessee Workers' Compensation Law can be found at the Tennessee Department of Labor's website click here.

What is workers' compensation?

Workers' compensation is a "no-fault" benefit system available to most Tennessee employees who suffer on-the-job injuries.  By "no-fault", it is meant that -- in order to be entitled to workers' compensation benefits -- it does not matter who caused the work-related accident.

What constitutes a compensable on-the-job injury?

An on-the-job injury is any injury which arises out of, and occurs in the, course of employment. In other words, there must be a connection between the employee's work-related activity and the injury.

Who is covered?

Generally, all persons who are employed with private employers with 5 or more employees are eligible to receive workers' compensation benefits. There are exceptions for employees employed in certain industries. Also, Local, State and Federal employees may be covered under similar, but different, workers' compensation systems.

What type of benefits are available?

• Medical benefits:  Medical care is provided to the injured employee at no cost to the employee.
  
• Disability/Monetary benefits: The injured employee is entitled to receive temporary disability benefits while the employee recovers from their injury. The injured employee may be entitled to receive permanent disability benefits is the injured employee suffers a loss in the ability to earn wages in the open labor market.

What should an employee do if injured at work?

The employee should report the accident to their supervisor immediately. The law in Tennessee requires that the injury must be reported to the employer within 30 days.

What is the statute of limitations?

Generally, there is a one (1) year statute of limitations in Tennessee concerning workers' compensation claims. This means the right to recover benefits will be barred if no legal action is commenced. It is important to consult with an attorney as soon as possible if there is an issue concerning the statute of limitations.