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Category Archives: Workers’ Compensation

WorkInjury5

When Can an Independent Contractor Sue a Property Owner for Work-Related Injuries?

By Fox Willis Burnette, PLLC |

According to the Tennessee Supreme Court, a property owner in Tennessee normally owes a legal duty to an independent contractor hired to work on the premises to “provide a reasonably safe place in which to work.” But there is a critical exception to this rule: The owner is not liable for any personal injury… Read More »

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WorkInjury3

What Happens If My Employer Violates an Agreement to Pay Medical Benefits Under Workers’ Compensation?

By Brad Burnette |

Obtaining workers’ compensation benefits is a struggle for many Tennessee employees. Although the law is designed to provide no-fault benefits to injured workers, some employers balk at paying for legitimate medical expenses incurred as the result of on-the-job injuries. When this happens, the employee must make the effort to force the employer’s hand in… Read More »

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WorkAccident

How Do I Prove My Injury Is Job-Related for Purposes of Workers’ Compensation?

By Brad Burnette |

Causation is critical to establishing a workers’ compensation claim in Tennessee. In other words, you cannot receive benefits from your employer unless you can prove that your injury is directly related to your employment. A workers’ compensation official will not accept conjecture or speculation that merely suggests the injury could be work-related. Panel Denies… Read More »

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WC_1

Can I Receive Permanent Disability Benefits If I Am Unable to Return to Work?

By Brad Burnette |

There are multiple kinds of workers’ compensation benefits available under Tennessee law. If an on-the-job accident leaves you with a permanent impairment but you are still able to work in some capacity, a workers’ compensation judge will award you permanent partial disability (PPD) benefits. But if you are unable to return to any kind… Read More »

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WorkInjClaim

Are Temp Agency Workers Covered by Workers’ Compensation?

By Brad Burnette |

Tennessee employers have a legal obligation to maintain a safe work environment. This includes not only ensuring the condition of all facilities and equipment, but also providing employees with adequate safety training. If negligence in these areas leads to a workplace accident, the employer is automatically liable for paying workers’ compensation benefits–and in some… Read More »

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WorkAccident

Can I Collect Workers’ Compensation If I Just Quit My Job?

By Brad Burnette |

Tennessee workers’ compensation covers employees who are injured in the course of their employment. To give a simple example, if you fall at work and break your leg, your employer is responsible for paying your medical expenses and lost wages regardless of who was at fault for the accident. But your employer is not… Read More »

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PTSD

Can I Receive Tennessee Workers’ Compensation Benefits for PTSD?

By Brad Burnette |

Personal injury claims often focus on a victim’s physical injuries. But mental injuries are just as important. Indeed, psychological trauma can last for months or years after all physical injuries have been treated and healed. Even in the context of workers’ compensation cases, psychiatric injuries may be undervalued. Many employers will balk at an… Read More »

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DomesticViol2

Is Sexual Assault at Work Covered Under Workers’ Compensation?

By Brad Burnette |

Under normal circumstances, if you are injured on the job your employer is required to pay workers’ compensation benefits to compensate you for medical expenses and lost wages. Workers’ compensation in Tennessee is designed to be an “exclusive remedy”–i.e., you cannot file a separate personal injury lawsuit against your employer. But what if your… Read More »

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LegalAdvice2

Can I Be Denied Workers’ Compensation Benefits Due to a Preexisting Condition?

By Brad Burnette |

In any personal injury case, it is essential to establish causation. In plain English, you need to prove your injury was the direct result of the defendant’s negligent act. If the defendant can prove that there was a preexisting condition or superseding cause of the plaintiff’s injury, it can escape liability regardless of its… Read More »

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Workplace

Can I Seek Workers’ Compensation Benefits If I Suffer a Heart Attack Due to Work-Related Stress?

By Brad Burnette |

Like all personal injury claims, workers’ compensation requires proof of causation. In this case, it is not proof your employer’s actions caused your injury–workers’ compensation is not about fault–but rather that your injuries were work-related. An employer is not obligated to pay workers’ compensation benefits for injuries and illnesses that occur outside the scope… Read More »

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