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Tennessee Answer of Defendant to Complaint for Worker's Compensation Benefits for Low Back Injury

State:
Tennessee
Control #:
TN-CN-07-01
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PDF
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A02 Answer of Defendant to Complaint for Worker's Compensation Benefits for Low Back Injury
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FAQ

In regards to getting fired for getting injured, every employee is granted legal protection from undue backlash and workplace penalties. As an extension of the whistleblower act, you cannot be terminated solely for being injured on-the-job.

All injuries, no matter how minor, must be reported within 24 hours of the injury.It must be reported to our workers' compensation department in case the injury becomes worse and needs medical attention in the future. That way, the reporting of the injury will not be considered late by the state.

The Employer required that employees report all injuries, even if the employee did not consider the injury to be serious. Any employee that failed to report an accident or near miss in a timely manner could be subjected to discipline up to and including termination.

A prospective employer has no right to ask whether you have had a previous workers' compensation claim. However, a prospective employer does have the right to know if you have an injury or medical condition that will impact on your ability to perform your work duties.

Pain and suffering is an item of damages that you can get in a personal injury lawsuit, but not through worker's comp.However, if you've developed a mental or emotional disorder because of your physical work-related injury, you may receive extra compensation.

Short answer, no. You cannot be forced to undergo invasive surgery. Having surgery (or not) does not control your right or entitlement to benefits.

As a general rule of thumb, you should never discuss anything except the basic facts of the accident, including where it occurred, the date and time it occurred, what type of accident it was, and which body parts were injured.

If you haven't reported your injury, your employer may deny you medical treatment and benefits for missed time from work.Also, if the accident isn't filed immediately, your employer may deny the accident happened or claim that it took place outside of work.

When you are requested to complete your IME, don't say anything untruthful or anything that might risk your claim's denial. To recap, here are three things not to tell your workers' comp doctor: Don't exaggerate your symptoms. Don't be rude or negative.

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Tennessee Answer of Defendant to Complaint for Worker's Compensation Benefits for Low Back Injury