Workers' Compensation Attorney:
Questions & Answers

Serving Chattanooga, Tennessee

How can a lawyer help my case?

A Workers Compensation Lawyer brings hard-won experience from all the workers' compensation claims he or she has handled before. Herbert Thornbury, Esquire has been handling workers' compensation claims for over thirty years and can stand on an equal footing with any lawyers your employer and the insurance company can employ.

Do I need a lawyer to file a workers' compensation claim?

No, but if you do not consult a lawyer you risk making grave mistakes in handling your case. In the case of a permanent disability, those mistakes can have repercussions on you and your family for the rest of your lives. If your injury or illness is serious, especially if it affects your arms, legs, neck, or back-places where injuries can both drastically impact your earning potential and become worse with time-you should not go forward with your case until you have consulted a lawyer.

What could go wrong with my claim if I represent myself?

Workers' compensation law is complicated, and there are any number of things that could cause you to lose your benefits or reduce the benefits you receive, including:

• Miscommunication between the doctor and the insurance company
• Insurance company paying less than you deserve
• Selecting the wrong doctor from those offered by your employer
• An incorrect appraisal of your disability by the authorized treating doctor
• Accepting a settlement that will prevent receipt of additional money in case of a future job loss
• Accepting a settlement that can decrease your eligibility for Social Security benefits.

But can I afford a lawyer?

You can definitely afford to come in and talk with me for a free initial consultation.

And our fees will only come out of your settlement. That's right: we only get paid if you do. We will not charge more than 20% of your settlement, and the odds are very good that we can get you more than 20% more than you could get yourself.

Tennessee law requires that we hold you responsible for the expenses required to process your case, but we will reduce this burden as much as possible.

When you consider all the variables of your case and the skilled lawyers and adjusters who will be working against you, the question is "Can you afford to represent yourself?"

How much is my claim worth?

This is impossible to say. How much is your hand worth? What price can you put on never being able to bend down to kiss your son or daughter on the head? What is the value of the daily enjoyment and satisfaction you received from a job to which you can never return? These questions have no easy answers, and though the doctors on the list your employer provides will be all to eager to try, you should definitely consult someone with a different perspective-a lawyer who is looking out for you.

Can I sue my employer instead of filing a workers' compensation claim?

Generally not. The workers' compensation system was set up with the express purpose of mediating between employers and employees and preventing most lawsuits for workplace injuries. By providing benefits without asking who was at fault for the accident, the system ostensibly protects both employers and employees. Employers pay for workers' compensation insurance that is required to meet certain care thresholds and in return are protected from defending personal injury claims brought by injured employees.

How long do I have to file my claim?

Generally, if you do not file within a year of the incident or of learning of your disability, you cannot collect Workers' Compensation benefits. Usually, though, other circumstances will prevent you from waiting that long. If you are suffering pain from your injury, or having difficulty performing any of your job duties, or are afraid that a minor injury may grow worse, contact us today.

If you have read through all these questions and answers, you can appreciate how complex filing a workers' compensation claim can be, but that's only the very surface of the law. Even if these are your specific questions, the answers are abbreviated for the web page, and only apply to most cases, not necessarily to your case. To make your claim successful, you need someone deep in the law, someone with over 30 years of experience, who can see all the angles of your case even before they develop.

If you have a question about workers' compensation for me, Herbert Thornbury, contact my Chattanooga, Tennessee office today.