Workers Comp in Tennessee

Tennessee's Work Comp laws exist to make sure injured workers get medical care and disability compensation. Insurance companies, however, drag their feet and often delay paying worker's comp benefits. If you filed a claim and are getting the runaround, you're not alone. We've helped injured workers get workers compensation benefits for years.

Why do welders have so many Tennessee worker’s comp claims?

Welders make up over half a million workers in America’s workforce, Tennessee has factories and other welding heavy industries. Welding is also one of the most dangerous occupations because of the daily likelihood of work comp claims from burns and electricity.

Regardless of whether you’re welding outside using MMA welding or indoors with a GMAW welding system, science hasn’t figure out a way yet of putting two large pieces of metal together without a lot of heat at the point of the weld. The heat necessary for a weld is intense, and the dangers of burn injuries great. Spatter (hot metal) and sparks from the weld can cause second- and third-degree burns and ignite materials, including clothing. Before beginning any weld, make sure a Class C fire (“electrical fire”) extinguisher is nearby. If you were injured, for any reason, because a negligent supervisor or fellow worker mixed water and electricity make sure you report the incident and get medical attention–even if your injuries seem slight at first.

Electrical shock is possible whenever electricity is present. Commonly confused by apprentice rod welders, the “ground connection” does not mean a “work lead” (the cable coming from the power supply connecting to what is to be welded). The work lead is not a grounding cable at all. A special ground lead from the power supply is necessary to be grounded safely. Simpler protections such as keeping your gloves dry and wearing your PPE (personal protective equipment) can prevent most electrical injury when welding.

Whether you’re hyperbaric welding underwater in Memphis or on the Gulf coast or doing TIG welding at a factory in Nashville, it’s the managers’ job to explain the workplace hazards to their welders and to make sure that at least the minimum safety standards as per OSHA’s welding regulations (1910.252) are in place to prevent welding injuries.

How long do I have to file a Worker’s Comp claim in Tennessee?

30 Days is a serious deadline: When injured at work, the Tennessee worker should report the injury in writing immediately. If circumstances prevent the employee from making an immediate report on the workplace injury (for example, because he or she is unconscious), Tennessee Work Comp Law requires the workplace injury be reported within thirty (30) days after the injury occurred.

Have 30 days passed since you had a serious injury — but less than a year since the work comp injury?

Your Tennessee work comp employer might still be required to complete a Form C-20, known as the “First Report of Work Injury,” and should be doing so for every workplace injury that has you or another employee seek medical attention.

In Tennessee, your employer may not take any form of retaliatory action if you talk to a worker’s comp lawyer and file a worker’s comp claim for a injury you received at work.

Can I see my own doctor for my work comp claim?

Whether or not your Tennessee employer believes the work comp claim valid, Tennessee Workers’ Compensation Law requires that your employer to report the claim to their insurance carrier and give a choice of three work comp doctors (four, an independent chiropractor, if your work comp claim is a back injury).

You can see your own doctor, if your health insurance is paying.

The doctors listed for examining your work comp injury cannot be part of the same practice.

Can I switch work comp doctors?
Do I have the right to an independent medical assessment?

You should be allowed a free choice among these three, but note that once you choose, you are required to accept the doctor’s treatment and not see another medical practitioner unless your chosen doctor makes a referral. However you do have the right to ask for a referral and it is possible to change work comp doctors under some circumstances. If you need to obtain an independent assessment, you should contact our office.