KEY TAKEAWAYS
- Strict Statute of Limitations: In Tennessee, workers’ compensation claims have a strict statute of limitations, typically one year from the date of the accident resulting in injury. Missing this deadline can result in loss of benefits, including medical expenses and lost wages.
- Complexity in Determining Date of Injury: While the date of accident is usually clear, determining the date of injury can be challenging in cases of repetitive motion injuries. Prompt notice to the employer and filing for a benefit review conference (BRC) within the one-year period are essential to prevent claim dismissal.
- Filing After Benefits Paid: If workers’ compensation benefits have been paid, the injured employee may have more time to file a claim. However, it’s crucial to file for a BRC within one year of the last authorized medical treatment or payment made by the employer.
- Key Steps for Filing a Claim on Time: Timely reporting of the injury to the employer, seeking prompt medical attention, and filing a BRC with the TN Division of Workers’ Compensation are crucial steps. Gathering important documentation, such as proof of the work injury, medical records, and wage statements, is also essential.
- Importance of Legal Representation: Navigating workers’ compensation laws can be complex, and missing deadlines can result in losing benefits. Consulting with an experienced Tennessee workers’ compensation lawyer is crucial to ensure claims are asserted in a timely manner and rights are protected.
Legal Deadlines to File Claims for Workers’ Compensation in Tennessee
Just got hurt on the job in Tennessee and wondering about workers’ compensation? There are strict deadlines to file a claim, and missing them could mean losing out on benefits for medical bills, lost wages, and more.
“I had googled lawyers to have one for a case I had come up over work comp and I’m really blessed to have these lawyers for this firm handle my case like they did. Because of them being good at what they do I got what I needed from my case and it wasn’t a long drawn out process, they was quick about getting it done. So if your having a hard time making a decision for a lawyer and can’t choose who to represent you, well I recommend these lawyers, they will get the job done and do it swift to settle your case and what you deserve.” – Kirk Ledbetter
All legal claims have strict deadlines known as the statute of limitations. In Tennessee, workers’ compensation is no different. Most employees working and/or hired in Tennessee are subject to Tennessee’s workers’ compensation laws. This mean the appropriate statute of limitation must be complied with in order to obtain benefits under the law, such as medical benefits, temporary total disability benefits, wage benefits, mileage reimbursement, and permanent disability benefits. At Nahon, Saharovich & Trotz, our Tennessee workers’ compensation attorneys understand how to analyze the applicable statute of limitation date and ensure injured workers comply with these important deadlines.
Workers’ Compensation Statute of Limitations for Tennessee Claims
For workers’ compensation cases arising in Tennessee, the statute of limitation is generally “one (1) year after the accident resulting in injury,” according to Tenn. Code Ann. § 50-6-203. The date of accident is often easy to identify, as common examples of on the job injuries include a car accident, lifting a heavy object, a slip and fall, and injuries caused by use of machinery. On the other hand, determining the date of injury can be difficult in repetitive motion or injury cases, such as carpal tunnel syndrome, tendinitis, and bursitis, where the conditions could have developed over time. In order to prevent the claim from being barred due to the statute of limitations, Tennessee law says an employee must provide notice to the employer and file for a benefit review conference (BRC) with the Division of Workers’ Compensation within the one (1) year period.
“Cindy McGrath, Paralegal and Monica Rejaei J.D. handled my Workman’s Compensation case. I was kept abreast to matters regarding my work related injury. Furthermore, I was very impressed with how Ms. Rejaei presented my case before the judge. I was rewarded a favorable settlement and more than my lost wages were replaced. I highly recommend NST Law Firm.” – Bobby Jean Stewart
Statute of Limitations if Benefits Have Been Paid by the Employer
Sometimes, an injured worker has more than one (1) year since the date of injury to timely file his or her claim. In most workplace accidents, an injured employee provides notice to the employer and a First Report of Injury is properly filled out. That can allow the injured employee to obtain medical benefits and choose a doctor for treatment. Wage benefits may also be paid if the treating physician takes the employee off of work.
When workers’ compensation benefits have been paid to or on behalf of the injured employee, the employee must file for a BRC within one year of the later date of the last authorized medical treatment or payment the employer made for compensation to or on behalf of the employee, such as wage loss. When you hire an attorney to represent you in a workers’ compensation matter, he or she should always remain organized and up to date on any compensation paid on your behalf. For instance, a Memphis workers’ compensation attorney could protect a Shelby County worker’s statute of limitations by being aware of the most recent voluntary payment made by (or on behalf of) the employer.
What Steps Should an Injured Worker Take to File a Claim on Time?
Meeting deadlines is crucial when filing a workers’ compensation claim in Tennessee. Here’s a breakdown of the key steps to ensure you file your claim on time:
- Report the Injury to Your Employer Promptly – This is often the most critical step. Inform your supervisor or employer in writing about your work-related injury as soon as possible, ideally within 30 days. While written documentation is preferred, notifying your employer verbally is also acceptable. However, follow up with a written report for your records.
- Seek Medical Attention – Get medical attention for your injury as soon as possible and inform your doctor that your injury is work-related. This establishes a clear connection between the injury and your work.
- File a Benefit Review Conference (BRC) with the TN Division of Workers’ Compensation – If your employer denies your claim or you miss wages due to the injury, you have one (1) year to file a BRC with the Division of Workers’ Compensation. The BRC is a formal process to determine your eligibility for benefits. You can file a BRC online or via mail.
- Gather Important Documentation – Proof of the work injury (this could include witness statements, accident reports, or any evidence linking the injury to your work), medical records (collect all medical records related to your work injury, including doctor’s reports, test results, and treatment plans) and wage statements (obtain copies of your wage statements from your employer to document lost wages).
Injured at Work? Consult With an Experienced Tennessee Workers’ Compensation Lawyer Today
Navigating the Tennessee Workers’ Compensation Act can be tricky. When considering the legal rights of injured employees, a critical deadline is the statute of limitations. If you miss the statute of limitations, your claim will be completely barred which means no benefits for medical treatment, lost wages, or permanent impairment. If you were hurt on the job in Tennessee, being unable to get proper benefits can cause problems with your health and ability to get back to work.
Case Result – $950,000: Personal Injury at Work
Our firm represented an individual concerning a personal injury and workers’ compensation claim. Our client was working for his employer as a billboard poster, when he fell approximately 35 feet from a billboard catwalk. He sustained serious injuries, including 2 broken arms, which required surgery. We were able to get his temporary total disability payments started and upon his release from the doctor, we settled his workers’ compensation claim. We investigated his personal injury claim and hired an expert engineer who determined that the catwalk was not properly welded. We litigated this case and we were eventually able to mediate our client’s third party claim for over $950,000.00.
Check this page for more workers’ compensation case results.
At NST Law, our lawyers handle workers’ compensation cases in Memphis and throughout Tennessee, including Jackson, Nashville, and Knoxville, and we can assess the particular facts of your case to make sure your claim is asserted in a timely manner. For a free consultation with an experienced workers’ compensation lawyer in Tennessee, call NST Law toll-free at 800-529-4004 or complete our online form.
