An injured worker in Nashville could receive workers’ comp to pay his lost wages and work-related medical expenses if he suffered a compensable injury. For an injury to be deemed compensable, the authorized treating physician must determine that the injury is work-related. If the injury is found not to be work-related, it is considered to be non-compensable and the injured worker would not qualify for workers’ comp benefits. A workers’ compensation attorney can help determine if you are entitled to workers’ compensation and help you get the benefits that you deserve.
A compensable injury is one sustained while performing work for your employer, whether it was on company grounds or elsewhere (e.g., traveling on company business). You must notify your immediate supervisor as soon as the injury occurs, and your employer will submit supporting documentation to his workers’ comp insurance carrier.
Examples of compensable injuries include:
- An injury suffered by a construction worker who falls off a ladder
- Respiratory disease caused by asbestos exposure at work
- An injury sustained by an employee who drives a company vehicle, e.g., a bus driver
- An injury suffered by an office worker who falls down a flight of stairs at her workplace and breaks her ankle
- An injury sustained by an office messenger who is involved a vehicle accident while making a delivery for his company
- A pre-existing health condition that is worsened by performing your job
- Mental illness such anxiety, depression or stress that is caused by a work-related injury (e.g., a correctional officer is attacked by an inmate and is left traumatized)
Injuries suffered at a workplace event (e.g., company holiday party or picnic) may also be covered, depending on your employer’s workers’ comp plan.
Certain work-related injuries are considered non-compensable and would not be covered under workers’ comp, even if they are serious enough to require medical attention. These types of injuries include:
- Injuries suffered while traveling to and from work
- Injuries sustained while an employee is under the influence of illegal drugs or alcohol
- Injuries suffered while an employee commits an illegal act
- Self-inflicted injuries
- Injuries resulting from a physical altercation provoked by the employee
- Injuries that occur when the employee is off the job, such as on a lunch hour (except if the injury takes place in your workplace cafeteria)
- Injuries resulting from employee misconduct, unless the employer was aware of and allowed the misconduct to occur
- Intentional injuries by third parties (i.e., an irate client comes to your workplace and punches you)
You can contact the Tennessee Bureau of Worker’s Compensation to get more information on compensable and non-compensable injuries, as well as any other assistance you may need with filing your workers’ comp claim.
How a Workers’ Compensation Attorney Can Help
If your injury is determined to be non-compensable, and you disagree with the determination, it may be in your best interest to retain a Nashville workers’ compensation attorney to help you file a dispute with the Bureau. A Nashville workers’ compensation attorney is knowledgeable about Tennessee’s workers’ comp laws and can navigate around the red tape that is associated with these types of claims.
A Nashville worker’s compensation attorney can also save you the headache of gathering statements and other pertinent information from medical professionals and any other involved parties, allowing you to focus solely on recovering from your injury. One of our experienced workers’ compensation attorneys will be happy to work on your case. Call today to set up your free consultation.