Legal Question in Workers Comp in Tennessee

Re: Worker's Compensation Time Deadlines

Thanks for writing your question. It is NEVER to soon to consult with an attorney.

You can rest assured that the worker's compensation insurance company is hard at work trying to find every way possible to MINIMIZE what they have to pay to your husband. I do not want to sound like a used car salesman trying to make an end of the month sale when I say you need a lawyer....but you are simply no match for the insurance company when it comes to knowing what you need to do to get everything that your husband is entitled to. You need someone who is looking out solely for you and your husband....the insurance company, regardless of what they tell you, is looking out only for their interests.

I would love to talk with you about the case....but the important thing is that you select and talk to a lawyer about this matter which is so very important to your and your husband's future well being......They do not have to hold a job for him. What he gets from worker's compensation for his injury may very well be all that he will ever get from this employer. The basic rule is that you have one year from the date of the injury to file a claim in court....but there are some exceptions to that based upon the particular facts of the case.

Please consult with a lawyer. You can bet that the worker's compensation doctor is not going to give your husband the best impairment rating....we can refer you to competent, respected doctors for an independent medical examination and impairment rating which will increase your husband's recovery.

I can further assure you that any good lawyer can increase your husband's settlement far beyond what the cost of the lawyer will be....and this does not require going to court or a trial.

I would enjoy talking with you, but the really important thing is for you to consylt with a reputable lawyer as soon as possible. It will not cost anything to talk and it could mean a lot of difference in your case.

Bill Poland, attorney, 931-552-3475

Re: Worker's Compensation Time Deadlines

If the physician that your husband is seeing was provided by the workers' compensation insurance company, then that doctor has a loyalty to the insurance company. It is part of his job to protect the insurance company's financial well being. This means he will assign an impairment rating as low as possible. It is imperative for your husband to obtain an independent impairment rating, which can dramatically increase the amount of permanent benefits he will receive.

Under the workers' compensation laws of Tennessee, he is absolutely entitled to all future medical treatment pertaining to this injury for the rest of his life.

His employer is not required to hold his job for him, however, if your husband is not able to return to work at the same or greater wage, he is entitled to more permanent benefits.

The statute of limitations does not expire until 1 year after the last voluntary medical payment is made by the employer or the insurance company.

As far as retaining an attorney at this point, I can assure you that the insurance company has already retained their attorney. It is the insurance company's goal to pay your husband as little as possible. This increases their profits and that is their purpose for existence.

I will be happy to answer any further questions that you may have.

Re: Worker's Compensation Time Deadlines

You need an attorney to represent you in this matter. The insurance company will do all it can to ensure you are paid the least amount possible. Therefore, you need someone working for you and your husband.

Concerning the time limit to file suit, there are certain exceptions to the one year statute of limitation from date of injury based upon continued medical treatment. Therefore, you need an attorney to guide you throgh these exceptions.

As far as holding your husband's job, the employer does not have to hold a job. There may be a possibility that your husband cannot return to work and therefore, it is very important that you have someone helping you through this process.

If you have any further questions, you may call me directly, 901-759-3489.

David Waldrop