Tennessee Worker's Compensation - Help For Injured Tennessee Workers

• Tennessee Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• Tennessee Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 6 of 6
  1. #1
    Join Date
    Aug 2010
    Posts
    3

    Default What Are My Rights Under Workers Comp

    I've read so many posts in the forum that my head is spinning. I'm afraid that I still don't understand what the insurance company is offering. Here is what I do know:

    I have been given an impairment rating of 6% to the body as a whole. They are making an offer to settle at 1.5 times the 6% rating. My weekly compensation rate is 727.30 (however, I've never received a comp payment due to being salaried). So somehow they come up with a figure of $26182.80. The letter further states that as per TN law, my medical will remain open. And then "The total offer to settle your claim is $26182.80".

    So where did they come up with that 727.30 compensation rate? And does my medical STAY open if I accept the $26k or will I have to use the money for any future medical? And if I take the $26k, would that be multiple payments or lump sum?

    I have heard nothing from the DR, just this letter from insurance. Does this mean he thinks I've regained as much use as I ever will? What if this IS as good as my recovery will be? It's certainly worth more than $26k to never have an arm to be as good as it was before the accident.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: So Confused

    I have heard nothing from the DR, just this letter from insurance. Does this mean he thinks I've regained as much use as I ever will? What if this IS as good as my recovery will be? It's certainly worth more than $26k to never have an arm to be as good as it was before the accident.
    There is no compensation for loss of use beyond what the scheduled loss indemnity is.
    Because you will not be returned to pre injury condition, that's what the indemnity weeks payments are for. Your loss of earning capacity, not ''disability'', or ability to compete in the open labor market.

    You should be sure you are clear on what the terms of settlement are before you sign away your rights.

    There are min/max rates for TD/wage replacement, if you had not continued wages by your ER, you would have been paid the TTD rate your AWW/average weekly wage would support, tax free.
    And does my medical STAY open if I accept the $26k or will I have to use the money for any future medical?...The letter further states that as per TN law, my medical will remain open.
    Apparently the medical remains open subject to necessity, and statutory caps. If there are any SOL on medical in TN. No you wouldn't pay for medical with the award money, UNLESS there is a C&R/Compromise and Release, then you'd be paid for medical you may need later. Though you won't be paid enough to cover the medical costs.

    And if I take the $26k, would that be multiple payments or lump sum?
    Depends on what you and the CA negotiate. You can't force a lump sum payment, they can pay in "todays dollars'', you could deposit the money and wait for it to grow just like the IC can.

    Your best bet is to have a clear discussion with the CA/Claims Adjuster, and/or consult with an attorney. There's no fee for consultation, and atty may want to have you dispute that 6% WPI rating.

  3. #3
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: So Confused

    The amount of the benefits are calculated using two-thirds of the employee's average weekly wage over the 52 weeks prior to the injury.

    sounds like your average weekly wage was reported as $1090.95

  4. #4
    Join Date
    Aug 2010
    Posts
    3

    Default Re: So Confused

    Quote Quoting BvIA View Post
    There is no compensation for loss of use beyond what the scheduled loss indemnity is.
    Because you will not be returned to pre injury condition, that's what the indemnity weeks payments are for. Your loss of earning capacity, not ''disability'', or ability to compete in the open labor market.

    Your best bet is to have a clear discussion with the CA/Claims Adjuster, and/or consult with an attorney. There's no fee for consultation, and atty may want to have you dispute that 6% WPI rating.
    This loss of earning capacity, is it that they are saying "while I was injured" or "for the rest of your life"? Does this take into effect only my loss of income or does it also reflect things in my life that I can no longer do. Geesh, I'm having a hard time writing what my brain is thinking! For instance, there are things I will NEVER be able to do again because of this injury besides certain types of labor. This injury also effects my every day life outside of work.

    I can't/won't believe the CA. They have jerked me around in so many different directions, I don't know if they even know how to tell the truth. AND they are owned by the company where I was injured (I thought that should be a conflict of interest??). I have made a call to a lawyer for a consult, I'd just hate to have to give them some of the money. Will it be necessary to hire a lawyer to be treated fairly or do I have a snowballs chance of taking up for myself?

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: So Confused

    For instance, there are things I will NEVER be able to do again because of this injury besides certain types of labor. This injury also effects my every day life outside of work.
    All the issues you are thinking about are already taken into consideration when the PD/PPD rating is done by your Dr using the guides. There is no money for how you're affected in your daily living activities. It's not like a PI/Personal Injury claim. There is no money for pain and suffering, past/future lost wages, or punitive damages.
    This loss of earning capacity, is it that they are saying "while I was injured" or "for the rest of your life"?
    In WC you are eligible for TTD/wage replacement while you can't perform your job duties, medical care and indemnity if there is residual impairment due to this injury. That's it.
    AND they are owned by the company where I was injured (I thought that should be a conflict of interest??).
    If your ER has permission from the state to be legally self insured, there would be one person handling your claim at your HR dept, OR, the ER may have a TPA/Third Party Administrator handling their industrial injury claims... there is no conflict of interest. Your ER is liabile for your injury, they are administrating the claim and paying benefits.
    I'd just hate to have to give them some of the money. Will it be necessary to hire a lawyer to be treated fairly or do I have a snowballs chance of taking up for myself?
    I don't know what kind of work you do... but the ER has attys, big, good, experienced wolf attys... If you think you are capable of going up against those guys...you are in the wrong business. You should consider takeing the state bar exam.

    WC is administrative law...as such, IW's should be able to navigate the system on their own... unfortunately, due to the legal system and attys working for a living, the system has become such that only a competent atty handling primarily industrial injury claims is capable of representing your best interests. WC is not a DIY project. Talk to an atty.

  6. #6
    Join Date
    Aug 2010
    Posts
    3

    Default Re: What Are My Rights Under Workers Comp

    Thanks so much for your quick responses and also for explaining the alphabet soup......CA, IW, PPD, etc.

    Just finished phone call with lawyer and she has pretty much said every thing that you did. She did suggest one further thing which is to see the DR about every six months just to keep up with my care and stay on the records. More or less just making sure that my medical coverage doesn't get lost in the shuffle.

Similar Threads

  1. Workers Comp Rights After an On-the-Job Injury
    By Visvalor in forum Florida
    Replies: 46
    Last Post: 01-25-2010, 05:02 PM
  2. HIPAA Rights and Workers Comp
    By PaInjWor in forum Legal Issues
    Replies: 0
    Last Post: 04-30-2009, 09:50 AM
  3. Rights while on workers comp
    By kathy in forum Iowa
    Replies: 9
    Last Post: 06-29-2005, 08:30 AM
  4. Do Illegal Aliens Have Workers Comp Rights
    By anonymous in forum Legal Issues
    Replies: 1
    Last Post: 06-18-2003, 03:58 AM
  5. Workers Comp Rights and Benefits
    By daniel in forum California
    Replies: 1
    Last Post: 12-04-2002, 02:39 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer