Chattanooga Tennessee Complaint for Worker's Compensation Benefits for Low Back Injury

State:
Tennessee
City:
Chattanooga
Control #:
TN-CN-07
Format:
PDF
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A01 Complaint for Worker's Compensation Benefits for Low Back Injury
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FAQ

Work-related accidents are defined as any injury, illness, or condition you experience during your employment with a company, and related to your job duties and tasks while at work. These injuries are further categorized into physical injuries, occupational illnesses, and repetitive stress injuries.

The entire settlement process?from filing your claim to having the money in your hands?can take around 12-18 months depending on the details of your case and whether or not you have legal representation.

Generally, the value of your workers' compensation claim will increase if you require surgery, as it indicates a more serious injury. Because some workers' comp settlements may be considered final, it may be better to settle your claim after you have surgery and have reached maximum medical improvement (MMI).

The benefit is 66 and 2/3 percent of the employee's pre-injury average weekly wages and cannot be less than the minimum, or more than the maximum, weekly benefit. It is payable until the employee reaches maximum medical improvement or returns to work or for a period of 450 weeks, whichever is shorter.

According to Martindale-Nolo research, the average back injury settlement was somewhere between $20,000 and $25,000. About 75% of all claimants eventually receive some compensation, but it can take roughly a year or so to receive it.

Evidence that may be helpful includes: Signed doctors' notes stating your diagnosis and that the back injury is work-related. Medical records showing the dates and duration of your treatment, such as prescribed physical therapy. Testimonials from coworkers and other witnesses who saw the accident occur.

For workers' compensation cases arising in Tennessee, the statute of limitation is generally ?one (1) year after the accident resulting in injury,? according to Tenn. Code Ann. § 50-6-203.

In Tennessee, businesses with five or more employees must carry workers' compensation insurance. Having this coverage will give your employees benefits if they suffer from a work-related injury or illness. It can help cover their medical costs and replace some of their lost income if they miss work.

Additionally, California law prohibits your employer from firing you because you reported suffering a back injury at work.

If you injure your back while on the job, report it to your employer or supervisor right away. For injuries that occur gradually, you need to report them as soon as you realize they are work-related. Your employer should have the appropriate documentation to complete and file your claim (DWC1).

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Chattanooga Tennessee Complaint for Worker's Compensation Benefits for Low Back Injury