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  1. #1
    Join Date
    Nov 2007

    Default Tennessee TPD Question

    Yes I just have a couple of questions regarding TTD. I read a post of someone that must be confused possibly about he law in Tennessee. However, the first question I have is If you retain a lawyer, and are already receiving TTD benefits, and the lawyer says his settlement is just based of your final settlement, do the lawyers go back and take 20% out of each TTD check? My attorney has not done anyting for me yet, just needed to retain one for future settlement purposes. Also, does you number of weeks you draw TTD subtracted from final settlement weeks. Example, if you draw TTD for 20 weeks and your settlement is for 20 weeks of the scheduled injury, is it considered already settled? One last question, If you have a large settlement, is an attorney capped at a certain $ amount of your final settlement. Example if you are considered TTD, do they get 20% of all future benefits until ......I was just wondering, because again as of present I have not really needed my attorney for anything. Of course he is pushing for my doctor to release me soon, but my doctor doesnt feel I am ready. Thanks for the advice. Also thank you JLJ for all of your helpful posts.

  2. #2
    Join Date
    Jun 2007

    Default Re: Tennessee TPD Question

    I'll try to help you answer your questions.

    1. Typically, if you are already receiving TTD checks, the attorney would not be able to collect a fee on those. If they weren't paying your TTD, and the lawyer got those for you, then he/she could collect a fee.

    2. No, a lawyer typically would not count the TTD that is paid to you voluntarily as part of what a fee would be based upon.

    3. The only way TTD would count toward your total settlement amount is in the situation where you get a total award that equaled the maximum of 400 weeks. You can't receive more than 400 total weeks of payments including TTD and PPD.

    4. The attorneys fees are capped at 20% of the total amount recovered, up to a maximum of 20% of 400 weeks. There is no dollar cap.

    Finally, don't be so sure your lawyer isn't doing anything for you. In WC cases, most of the time a lawyer spends on your case comes in large spurts of time at very specific times. If you are still receiving medical treatment, and getting your TTD checks, there's not much to do from a lawyering standpoint. It's when the negotiation of settlement (or the litigation part if you have to go to trial) where a lawyer earns the fee.

    Good luck with your case.

  3. #3
    Join Date
    Nov 2007

    Default Re: Tennessee TPD Question

    Thank you so much JLJ for all the info. You answered my questions for me. You are so wonderful. It is funny how I have learned more from you than my own attorney. I sure wish you were my attorney. Also let me know if you ever hold a WC seminar. I would love to attend. I live between Knoxville and Nashville, so I am not to far away. I have had trouble from day one with my case, but luckily was able to solve most of the turmoil myself. However, I did decide to retain a lawyer when the employer started to give me a little trouble. Thanks again for the info.

  4. #4
    Join Date
    Oct 2007

    Default Re: Tennessee TPD Question

    if you don't,care, what is your injury?tninjury.

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