Q. What laws protect employees who are injured on the job?
Q. Are there often disputes concerning the amount injured employees are entitled to?
A. Yes. There are frequently disputes in workers’ compensation cases, and if they cannot be resolved, the employee is entitled to first go before the Tennessee Department of Labor and, if still not resolved, then on to a trial before a judge who makes a final determination of benefits after hearing all of the evidence.
Q. What does it cost to retain an attorney in a workers’ compensation case?
A. Most attorneys in Tennessee charge a twenty percent (20%) contingency fee, which is the maximum allowed by law. If the injured employee receives nothing, the attorney charges nothing. Case expenses are separate from the attorney fee.
Q. Who determines the amount of benefits due an employee who is injured on the job?
A. The Tennessee State Legislature sets the maximum benefits and those benefits are increased periodically. If a case is not settled out of court, a State Court judge makes a determination of what the employee is due.
Q. Do all employers have to carry workers’ compensation insurance?
A. All employers with five (5) or more employees and all construction industry employers are legally obligated to carry workers’ compensation insurance or to be self-insured. If they do neither, an injured employee may still sue his/her employer in a court of law for personal injuries.
Some employment situations are not covered by the Workers’ Compensation Law, such as common carriers, causal employment, domestic servants, farm laborers, and employers with less than five (5) regular employees.
Q. If an employee is injured at work, what should he/she do?
A. The first thing that should be done is to notify the employee’s immediate supervisor or other management personnel and obtain prompt medical attention.
If you need more information about a personal injury matter (car wreck, boating accident, slip and fall, etc.), Social Security Disability or SSI matter, or a workers compensation matter, please contact John Dreiser at the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611 or by e-mail at John@farmerdreiser.com, through Facebook, or through our website at www.farmerdreiser.com. Our office handles claims throughout East Tennessee, including Knoxville, Chattanooga, Kingsport, Bristol, Johnson City, Morristown, Maryville, Rogersville, Dandridge, Tazewell, New Tazewell, Jefferson City, Strawberry Plains, Sevierville, Gatlinburg, Loudon, Kingston, Halls, Maynardville, Crossville, Cookeville, Sweetwater, Lenoir City, Athens, Oak Ridge, Clinton, LaFollette, Lake City, Jacksboro, Bean Station, Cosby, Newport, White Pine, Mosheim, Wartburg, Sunbright, Pigeon Forge, and Deer Lodge.
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