Workers' Compensation:
Permanent Disability Questions

Serving Chattanooga, Tennessee

What is Maximum Medical Improvement and how will it affect my return to work?

Maximum Medical Improvement (MMI) is the best your doctors expect your condition to get following your injury and full course of treatment. You might be lucky enough to make a full recovery and be able to put the entire injury episode behind you. If you are not so fortunate, you may have either Permanent Partial Disability or Permanent Total Disability, and you will receive a permanent disability award.

When do my workers' compensation benefits stop?

Your benefits will stop when:

• You are released by your authorized treatment doctor to return to work.
• If you refuse to comply with any reasonable request for medical examination or treatment, benefits will be stopped until you resume treatment.
• If your employer or their insurance carrier believes they have been making payments in error, they may stop payments, but must file a Notice of Controversy.
• When you have reached MMI and one of the following occurs:
• You accept or reject a job from your employer at or above your former pay scale.
• You, your employer, and the insurance company agree to waive the holding of a benefit review conference.
• Or, a benefit review conference is held and a report is filed.

Can I receive a permanent disability award even if I am able to return to work?

Yes. Permanent disability awards are based on your disability, not on your ability or inability to work. The amount of your award will be based on the extent of your disability or impairment, your age, and your job duties at the time of your injury. The benefit can range from one dollar to hundreds of thousands of dollars, depending on the evaluation of your permanent impairment by the treating doctor.

Can I be fired for filing a workers' compensation claim?

No. Although Tennessee law allows firings for many reasons, you may not be fired simply for filing a workers' compensation claim. If you are unable to fulfill the duties of your previous position, and your employer cannot supply you with work consistent with the recommendations of your doctor's MMI appraisal, however, your employer is under no obligation to maintain your employment.

Can I have the amount of my partial disability award reconsidered?

Under certain circumstances, your award may be reconsidered. If, after having returned to work, you are laid off or lose your job, your award may be reconsidered if you, through no fault of your own, lose your job within the length of time scheduled for recovery from injury. It will not be reconsidered if you quit your job or were fired for cause.

Do I have to choose between workers' compensation and Social Security Disability Insurance benefits?

No. Under many circumstances, you can receive both workers' compensation and Social Security Disability Insurance benefits. For details on applying for Social Security, consult our Social Security pages.

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 icing on the cake. 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 with the experience to advise you.

If you believe that you have a permanent disability and you are entitled to worker's compensation benefits in Tennessee, please contact me today at my Chattanooga office, and let me put my 30+ years of experience to work for you.