Q. If an employer insists that an injured employee see only the company doctor, does the employee have to agree to that?
A. No. The employer is required by law to provide an injured employee a list of three (3) doctors not associated in practice with each other. If a list of three (3) doctors not associated in practice with each other cannot be provided, then the employer is required to provide a list of five (5) doctors with no more than two (2) in practice with each other. If the injury is an injury to the back, then a chiropractor must be added as another choice. The employee may then choose which of the doctors he/she would like to see.
Q. Does an employee have the right to choose his/her own doctor if he/she sustains injury at work?
A. Yes, but he/she may have to pay the doctor’s bill himself/herself if the employee does not choose from the panel provided.
Q. Do doctors always agree concerning the extent of an injured employee’s disability?
A. No. Quite frequently there are differences of opinion with regard to the extent of disability and whether an employee is physically able to return to work.
Q. May the employer or its insurance company deny workers’ compensation benefits because the injury was the employee’s fault or the fault of a co-worker?
A. No. Benefits may not be denied to an injured worker simply because he/she was negligent or because a co-employee was negligent. An injured employee is entitled to the same workers’ compensation benefits even if his/her injury was his/her own fault, unless the employee’s injury was caused by his/her own willful misconduct.
Q. Does the law require the employee to give notice of his/her accident to his/her employer?
A. Yes. An injured employee must notify his/her employer (preferably his/her supervisor) as soon as possible after the injury and no later than thirty (30) days following the injury. The safest method is to give written notice to the employer. A sample notice form can be found at the end of this section.
Q. Are workers’ compensation benefits paid by the employer or its insurance company?
A. The insurance company generally pays benefits unless the employer is self-insured.
Q. After the employee is injured on the job, does he/she have to give the insurance company a statement?
A. No. In fact, it is not advisable to give a statement to a representative of the insurance company without your attorney being present.
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.
- Questions and Answers About Tennessee Workers’ Compensation – Part I (farmerdreiser.wordpress.com)