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Workers Compensation
Workers compensation
provides compensation for employees who are injured in the course of
employment. Depending on the jurisdictions, provision can be made for
weekly payments in lieu of wages, compensation for economic loss,
reimbursement or payment of medical and like expenses, benefits payable
to the dependents of workers killed during employment.In the
United States most employees who are injured on the job have an absolute
right to medical care for that injury, and in many cases monetary
payments to compensate for resulting temporary or permanent
disabilities.
Most employers are required to carry workers' compensation insurance,
and in most states heavy financial penalties may be imposed on an
employer that does not. In many states there are public uninsured
employer funds to pay benefits to workers employed by companies who
illegally fail to purchase insurance. Insurance policies are available
to employers through commercial insurance companies: if the employer is
deemed an excessive risk to insure at market rates, it can obtain
coverage through an assigned-risk program.
In the vast majority of states, workers' compensation is solely
provided by private insurance companies. 12 states operate a state fund
(which serves as a model to private insurers and insures state
employees), and a handful have state-owned monopolies. To keep the state
funds from crowding out private insurers, they are generally required to
act as assigned-risk programs or insurers of last resort, and they can
only write workers' compensation policies. In contrast, private insurers
can turn away the worst risks and can write comprehensive insurance
packages covering general liability, natural disasters, and so on. The
largest state fund is California's State Compensation Insurance Fund.
The federal government pays its workers' compensation obligations for
its own employees through regular appropriations.
It is illegal in some states (although not in others) for an
employer to terminate an employee for reporting a workplace injury or
for filing a workers' compensation claim. Most states also prohibit
refusing employment for having previously filed a workers' compensation
claim. However, employers can consult commercial databases of claims
data and it would seem nearly impossible to prove that an employer
discriminated against a job applicant because of his or her claims
history.
Some employers vigorously contest employee claims for workers'
compensation payments. In any contested case, or in any case involving
serious injury, a lawyer with specific experience in handling workers'
compensation claims on behalf of injured workers should be consulted.
Tim is a member of the
American Bar Association, Tennessee Bar Association, Nashville Bar
Association. Association of Trial Lawyers of America and the Tennessee
Trial Lawyers Association. Tim performs pro bono work, including
Dial-A-Lawyer sponsored by the young attorneys of Nashville Bar
Association and serves on the board for Foundations, a dual diagnosed
non-profit organization. Tim graduated from Nashville School of Law and
received his undergraduate degree at Tennessee Tech University.
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Goodletsville TN. 37072
Toll Free: 1-866-315-7529
Ph. 615-859-1996
Fax: 615-859-1919
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Disclaimer. No information or materials posted here are intended to
constitute legal advice, nor can we guarantee the accuracy of posted
information, especially as to each individual situation. We do not
independently check the information contained herein and does not refer
or endorse any product, service, or firm. This site does not constitute
an attorney-client relationship; local counsel should always be
consulted.
Not Certified As A Civil Trial Specialist By The Tennessee Commission On
Continuing Legal Education and Specialization
Home
Wrongful Death
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Law Links
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Malpractice
Contact Tim
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