Workers' Compensation in Tennessee

Prepared as a public service by the Community Relations Committee of the Nashville Bar Association
This pamphlet made possible by a generous grant from the Kroger Company

Most people at some time during their working career, whether as an employer or an employee, face an on-the-job injury. Tennessee, like most states, has laws which provide for workers’ compensation benefits when an employee suffers a work-related injury.

WHO IS COVERED

Every employer who pays for the services of five or more persons must provide workers’ compensation insurance coverage to its employees. Certain employments are not covered by the workers’ compensation statute, including farm labor, domestic help, or employment with the State of Tennessee or its counties and municipalities. These employers may elect to be covered by the workers’ compensation law.

INJURIES THAT ARE COVERED

Injuries that arise out of and in the course of employment will be covered by the workers’ compensation law. Most of these injuries will be covered whether the injury was caused by the fault of the employer or the employee. However, injuries that arise as the result of willful misconduct on the part of the employee, an intentional self-inflicted injury on the part of the employee, the intoxication of the employee, the willful failure or refusal of the employee to use a safety device or perform a duty required by law or the employer, or if the employee misrepresents his or her physical condition when employed, may result in an injury not being covered by workers’ compensation.

TIME LIMITATIONS

An employee is required to provide the employer with written notice regarding a work-related injury within thirty (30) days of the date of the injury. If this written notice is not given to the employer within thirty (30) days, the employee may lose the right to receive workers’ compensation benefits, unless there is a reasonable excuse for failing to give the notice.

WHEN AN EMPLOYEE MAY RECEIVE BENEFITS

Generally an employee is entitled to no compensation for a work-related injury except for medical expenses within the first seven (7) days of the inability to work. Should the employee’s inability to work extend to an eighth day, then disability benefits will begin as of that day. In the event that the inability to work exists for at least fourteen (14) days, then the employee is entitled to compensation beginning from the first day of the injury.

OTHER BENEFITS

Employees may be entitled to all reasonable and necessary medical expenses incurred as a result of a work-related injury. Upon notice of an injury, an employer should give an injured employee the names of at least three physicians. The employee, in order to receive medical benefits, must choose one of the physicians provided by the employer. Should the employee be dissatisfied with the treatment he is receiving from that physician, he may return to the employer and request an additional list of doctors.

Also, if an employee suffers a permanent disability as a result of the injury, the employee may be entitled to compensation for the permanent disability. The amount of compensation depends on several factors, including the effect the injury has on the employee’s ability to work.

When an employee is paid disability benefits during the time the employee is unable to work or permanent disability benefits for a permanent disability, the benefits are based on two-thirds of the employee’s average weekly wage, not to exceed the maximum wage allowed at the time of his injury.

The maximum period for permanent disability that an employee can be paid is 400 weeks for a disability to the body as a whole, unless the employee is totally disabled, in which case the employee is entitled to benefits until age 60 or benefits for 260 weeks if the employee is age 60 or older. The statute sets out other maximum benefit periods less than 400 weeks for injuries to specific parts of the body.

The average weekly wage is based on the employee’s average wages earned including any special allowances for board and lodging during the fifty-two (52) weeks prior to the employee’s injury. If the employee has worked for only a short period of time, the average weekly wage is based on the average weekly wage earned by another employee employed in a similar position at the same employer.

DEATH BENEFITS

When an injury results in the death of an employee, the employee’s spouse or dependant child is entitled to half of the deceased employee’s average weekly wage not to exceed the maximum weekly benefit. If the employee leaves a spouse and one or more dependent children, then the death benefit consists of two-thirds of his average weekly wage not to exceed the maximum weekly benefit. In addition, the employer will pay reasonable burial expenses of the deceased, subject to limitations in the law.

BENEFIT REVIEW CONFERENCE

Effective January 1, 1997, the parties are required by statute to mediate the claim at the State Department of Labor Mediation, unless both parties agree not to do so. The conference will be attended by a representative of the employer, the employee and a workers’ compensation specialist, who is employed by the State. The employer or employee may have an attorney present. The workers’ compensation specialist will review information provided by the employer and the employee and decide whether or not benefits should be started. The specialist’s decision that benefits should or should not be started is binding on the parties. The specialist may also settle any or all of the employee’s claim, subject to court approval.

COURT ADMINISTRATION

Either party at any time is free to file a petition in the appropriate court asking the court to hear the workers’ compensation case and determine what, if any, benefits are due. This is true even if the workers’ compensation specialist has already made a decision which is unfavorable to that party. In addition, should the parties agree to a settlement of the employee’s claim, this settlement must be approved by a court before it is binding on the parties.

ADDITIONAL INFORMATION

If you have additional questions about the Workers’ Compensation Law, contact the Tennessee Division of Workers’ Compensation at the 501 Union Building, Second Floor, Nashville, Tennessee 37243-0661, telephone number (615) 741-2395.

For assistance in finding a lawyer for a workers' compensation claim or any other legal matter, you may want to contact the Nashville Bar Association Lawyer Referral Service.