Workers' Compensation:
Injury Questions

Serving Chattanooga, Tennessee

What should I do if I'm injured on the job?

First, make sure you get appropriate medical attention right away. Whenever possible, notify your employer immediately about your injury. Official notification of your injury is required within 30 days. Make this official notification in writing, dated, and keep a copy signed by your supervisor for your own records.

Failure to report your injury can lead to delay or denial of benefits. Reporting your injury immediately whenever possible and following up with a written statement soon after fulfills your legal responsibility and helps your employer help you get treatment.

What counts as a job-related injury?

Generally, any injury that occurred while you are at work, including gradual injuries and aggravation of pre-existing conditions by factors at your workplace. Workers' Compensation covers you from the moment you enter the job site to the moment you leave. This may include heart attacks and strokes that occur as a result of job-related activity.

What will my employer do once notified of my accident?

Once notified of your accident, your employer will file paperwork with the State of Tennessee Department of Labor & Workforce Development Workers' Compensation Division. Then your employer will offer you a panel of at least three doctors from which you can choose one to become your "authorized treating doctor." If your injury is to your back, the panel must include a chiropractor. Once you have selected a doctor, you and your employer are required to sign a form certifying your agreement on the choice. If your employer refuses to give you a list of three doctors, you should call the Workers' Compensation Insurance company. If your employer still refuses, contact our office.

Your authorized treating doctor will assess your injury, recommend a course of treatment which may include recommendations for alterations of your work load during treatment, and determine your expected Maximum Medical Improvement.

What if the doctor recommends a light or restricted work load?

If your doctor recommends a return to work with "light" or "restricted" work load, and your employer can provide APPROPRIATE work, you must return to work. If your employer cannot provide you with work falling within your doctor's restrictions, you may qualify for temporary disability benefits.

This is an area where some Covenant Transport & U.S. Express will seek to take advantage of an employee. You should never attempt work that violates the doctor's restrictions.

What if I do not agree with the findings of the Authorized Treating Doctor?

If you wish, you can ask for a second opinion, but your employer, their insurance company, and their doctor are not required to give one. Furthermore, if you seek a second opinion from another doctor, they are neither required to pay for the second doctor nor are they required to abide by the second doctor's recommendation.

Also, this is the time to begin consultation with a lawyer if you have not done so already.

Is there any value in getting a second opinion if my employer does not have to honor that opinion?

Yes. Obviously, if you need treatment, it's best to get it, rather than languishing untreated, which can cause your injury or illness to worsen. Also, getting a second opinion can be useful when seeking mediation in disputes with your employer, and if your case goes to trial, a second opinion could be crucial. In any case, the sooner you receive a second opinion, the better. Also, be sure to consult with a lawyer before selecting the doctor you consult for the second opinion. Some doctors are more likely to defer to insurance companies or employers, whereas others are more concerned about your well-being. An experienced lawyer like Herbert Thornbury has worked with them all and knows which is which.

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 a taste for the process. To make your claim successful, you need someone who knows the whole recipe for success.

Contact me today, and put my 30+ years of experience to work for you.