Legal Question in Workers Comp in Tennessee
Permanent partial disability compensation
My husband sustained a work related injury. Workers Comp was employed and he has now been released by the doctor. It has been determined that he has a 10-15% permanent partial disability in his knee. He is eliligble for a settlement. I need to know Tennessee's set payoff amount for a knee at 10-15% disability.
3 Answers from Attorneys
Re: Permanent partial disability compensation
The amount your husband should receive depends on two other factors, his vocational impairment rating and how much he earns. His treating doctor has given him a medical impairment range of 10-15%. Depending on several other factors such as work restrictions, education, job duties, etc. his vocational impairment may be two to four times hirer than this rating (20-60%) or possibly even higher under extreme circumstances. This is the figure that must be negotiated with the insurance company. Once this number is reached, then it will be multiplied by his weekly wage to determine exactly how much he should receive. What an attorney can do for you in this case is to help negotiate the vocational impairment. One suggestion might be to see another doctor or a vocational expert to help prove a higher impairment rating. You also want to make sure that any settlement provides that your husband's future medical bills related to this injury are kept open (paid by the insurance company). I will be glad to help you and your husband or try to answer any questions you may have. Thanks.
Re: Permanent partial disability compensation
I have read the reply of Mr. Moore and totally agree with his analysis of the claim. I would only add that many times the insurance carrier will put a lot of pressure on you to settle the case and try to keep you from talking to an attorney about the claim. I does not cost anything to talk to a reputable attorney and I would strongly encourage you to do so. A good attorney will recover far more for you than the insurance carrier will voluntarily pay on the claim.
Re: Permanent partial disability compensation
Hope all is well in Shelby County. You've been given the best advice already; Have your husband to retain an attorney. The only "set" amount is what you settle for or let a judge decide for you. The physical impairment rating is a base line. What is important is the "disability" rating. Moreso, the terms of the Court's Order. An experienced workers' comp. attorney will insure max recovery and protected rights in the language of the Order.
Glad to help further if you desire. Evan