Tennessee Injury Law Center : Lawyers for Personal Injury and Wrongful Death : Serving Memphis, Nashville, Knoxville

I  am a saleswoman for a office products company.  I was driving from one customer's place of business to see another customer when  I was in car wreck.    The other driver ran into me at 45 miles per hour as I was stopped in traffic.  My car was totaled and I spent three days in the hospital.  What are my rights?

You have two potential claims.  First, you have a worker's compensation claim because you were injured in the course of employment (assuming your employer has five or more employees).  Under Tennessee worker's compensation law, you have a right to have your medical bills paid and to receive a portion of your wages paid while you are unable to work.  If you have a permanent impairment as a result of your injuries you are entitled to a payment for the extent of disability caused by that impairment.

Second, you have a claim against the driver of the other car.  This is called a "tort" claim.

Since your injuries were serious enough to require hospitalization, you almost certainly could benefit from the assistance of an experienced personal injury lawyer.    This lawyer will be able to help you receive the benefits you are entitled to receive under the worker's compensation law and under tort law.

To preserve your worker's compensation claim rights be sure that your employer has notice that you were in the car wreck.  It is best to give notice in writing.   If the tort claim is not settled, a lawsuit must be filed within one year of the date of the wreck or your rights with be lost.  The time period for filing a worker's compensation claim is dependent on your medical treatment - an experienced Tennessee worker's compensation  lawyer can advise you of when you must act to protect your rights after he or she has been advised of your treatment course. 

You need to know that your employer's worker's compensation insurer will have a right to recover the money it pays in worker's compensation benefits from any monies you receive in your auto accident case.  Once again, an experienced Tennessee auto accident lawyer can explain this to you.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I am a truck driver  with a big trucking company in Clarksville, Tennessee.  I hurt my back unloading a truck.  The doctor says that I need an MRI but my boss says they are too expensive.  Does my employer have to pay for the MRI? 

If the company doctor says you need a particular test or treatment, you are almost certainly entitled to it.  Employers are obligated to pay all reasonable medical care for employees who are hurt on the job. It will be very hard to argue that he doctor selected by your employer to care for you has unreasonably suggested that you need a MRI.

An experienced worker's compensation attorney can help you get the medical care you deserve and, if you have a long-term problem as a result of your injury, help you receive benefits for permanent partial disability. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

What do attorneys charge for representing a worker in a worker's compensation injury case in Tennessee?

The typical charge is 20% of the recovery.  The amount of the fee is subject to court approval.

In addition, most lawyers ask to be reimbursed for the expenses they incurred in prosecuting the case.  This includes money paid to court reporters for depositions, fees to doctors, and other expenses.  

Some lawyers charge interest on the money that was spent on expenses during the case.  Our firm does not do so.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

 I was running an errand for my employer last week and was in car wreck.  The other driver was passing me, but turned in to our lane too early, hitting the front of my car and spinning me into the median where my car rolled-over.  My car was totaled and I spent five days in the hospital.  What are my rights?

You have two potential claims.  First, you have a worker's compensation claim because you were injured in the course of employment (assuming your employer has five or more employees).  

Second, you have a claim against the driver of the other car.  This is called a "tort" claim.

Since your injuries were serious enough to require hospitalization, you almost certainly could benefit from the assistance of an experienced personal injury lawyer.    This lawyer will be able to help you receive the benefits you are entitled to receive under the worker's compensation law and under tort law.

To preserve your worker's compensation claim rights be sure that your employer has notice that you were in the car wreck.  It is best to give notice in writing.   If the tort claim is not settled, a lawsuit must be filed within one year of the date of the wreck or your rights with be lost.  The time period for filing a worker's compensation claim is dependent on your medical treatment - an experienced lawyer can advise you of when you must act to protect your rights after he or she has been advised of your treatment course.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I am thinking about hiring a personal injury lawyer.  What obligations do I have as a client of a personal injury lawyer?

I can answer that question only in regard to the expectations of our Tennessee personal injury law firm. We believe that the lawyer / client relationship is a special one and, just like the lawyer has certain obligations to the client, the client must do certain things to assist the lawyer in the representation. We expect the following of our clients:

• You have an obligation to tell your lawyer the truth.
• You have an obligation to tell your lawyer the truth even if you think it will hurt your case or the truth embarrasses you.
• You have an obligation to truthfully testify at trial and in depositions.
• You have an obligation to truthfully answer interrogatories.
• You have an obligation to produce documents in your possession that your lawyer asks you to produce.
• You have an obligation to promptly respond to your lawyer’s requests for information.
• You have an obligation to let your lawyer know of changes in your medical condition.
• You have an obligation to let your lawyer know if you move or you change your phone number.
• You have an obligation to tell your lawyer if you are injured in another incident.
• You have an obligation to tell your lawyer if you are arrested or get a traffic ticket.
• You have an obligation to tell your lawyer if you are contemplating filing for bankruptcy.
• You have an obligation to listen to and carefully consider your lawyer’s advice. You are not required to take the advice, but you should listen carefully to the advice and understand the potential impact to your case if you do not take the advice.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I work in a small plant in Middle Tennessee.  I hurt my back at work.  What are my rights? 

If you got hurt while you were working you have a right to have your medical care paid for by your employer.  The employer or its worker's compensation insurance company has a list of doctors that you are permitted to see at the employer's expense.

To the extent that the injury causes you to miss work you have the right to be paid (at a discounted amount and after a waiting period) money for your lost wages.  If you have a permanent injury that causes a disability you have a right to payment for a permanent disability.

Now, the fact that you have rights doesn't always mean that your employer or its worker's compensation insurer will honor those rights or that they will offer you a fair amount of money for your disability. A qualified worker's compensation attorney can help you ensure that you receive the medical treatment and compensation that the law says you should receive.  Our office handles these cases and does not charge for an initial consultation.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I received a back injury at work.  I told my employer about it, told him I needed to see a doctor and he fired me on the spot.   What are my rights?

You have a right to receive medical treatment for you back injury.  To the extent that miss work you have a right to receive "temporary total disability" payments until you are released by your doctor to go back to work.  You also have a right to another payment for "permanent partial disability" if you have a long-term problem as a result of your injury.  The fact that your employer fired you will impact the amount of a permanent partial disability payment you are eligible to receive if you have a long-term injury.

You will need the help of an experienced worker's compensation lawyer to help you with this problem.  Feel free to contact our office at 615.742.4880.  We will be happy to discuss this matter with you and help you if we can.   There is no charge for an initial consultation, and if we are able to help you we will accept your case on a contingent fee.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I was running an errand for my employer last week and was in car wreck.  The other driver ran a red light and broad-sided me.  My car was totaled and I spent three days in the hospital.  What are my rights?

You have two potential claims.  First, you have a worker's compensation claim because you were injured in the course of employment (assuming your employer has five or more employees).  

Second, you have a claim against the driver of the other car.  This is called a "tort" claim.

Since your injuries were serious enough to require hospitalization, you almost certainly could benefit from the assistance of an experienced personal injury lawyer.    This lawyer will be able to help you receive the benefits you are entitled to receive under the worker's compensation law and under tort law.

To preserve your worker's compensation claim rights be sure that your employer has notice that you were in the car wreck.  It is best to give notice in writing.   If the tort claim is not settled, a lawsuit must be filed within one year of the date of the wreck or your rights with be lost.  The time period for filing a worker's compensation claim is dependent on your medical treatment - an experienced lawyer can advise you of when you must act to protect your rights after he or she has been advised of your treatment course.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I hurt my back at work.  I told my boss about it and he told me to go to the doctor.  The doctor said I needed to take off work for at least one week.  When I told my boss that he got angry and fired me.  What are my rights?

First, you still have a right to worker's compensation benefits (assuming your employer has five or more employees and thus is covered by the worker's compensation program.)

Second, you may have a claim for retaliatory discharge.  An employer cannot fire you for seeking or obtaining the benefits you are entitled to receive under the worker's compensation law.

You should talk to a lawyer about this issue.  Most lawyers will have an initial consultation with you at no charge.

• Email This
• Print
• Comments
• Trackbacks
• Share Link