Tamara is a certified copywriter and editor with over four years of experience writing legal content for some of the U.S.' best-known law firms, marketing agencies and legal service providers. She has crafted thousands of practice pages, FAQs, blog posts, case studies and long-form articles on topics such as personal injury law, mass torts and criminal law.
Tamara Armstrong
Tamara is a certified copywriter and editor with over four years of experience writing legal content for some of the U.S.' best-known law firms, marketing agencies and legal service providers. She has crafted thousands of practice pages, FAQs, blog posts, case studies and long-form articles on topics such as personal injury law, mass torts and criminal law.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Nashville is well-known for its thriving music scene and tourism industry. However, the city’s economy also relies heavily on manufacturing, transport and construction. Unfortunately, these sectors can involve some of the most hazardous employment environments for workers.
If you were hurt at work in Nashville, you could receive benefits such as healthcare costs and lost wages under Tennessee’s workers’ compensation laws. However, you might need a skilled lawyer to assist you in recovering the workers’ comp benefits you need. To help you find effective legal representation, we have compiled some of the best workers’ comp lawyers in Nashville.
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Show Summary
- Best NashvilleWorkers’ Compensation Attorneys
- Compare Top Nashville Workers’ Compensation Attorneys
- Workers’ Compensation Laws in Tennessee
- How Can an Attorney Help You?
- How to Choose the Best Workers’ Comp Lawyer
- Methodology for Finding the Best Nashville Workers’ Compensation Attorney
- Frequently Asked Questions (FAQs)
Best NashvilleWorkers’ Compensation Attorneys
Compare Top Nashville Workers’ Compensation Attorneys
Workers’ Compensation Laws in Tennessee
Tennessee workers’ compensation laws provide a safety net for employees suffering work-related injuries or illnesses. Workers’ compensation entitles most injured employees to all necessary medical treatment and certain wage replacement benefits. Here’s a summary of the vital laws protecting workers in Tennessee.
Who Is Protected By Workers’ Compensation Laws in Nashville?
Most employers in Nashville must provide workers’ compensation coverage for their employees, although the exact requirements vary. For example, employers in construction businesses, trades, and coal mining with one or more employees must provide coverage unless exempt. Other employers in Tennessee must secure workers’ comp insurance only if they have five or more workers.
However, your employment status can also determine whether you’re entitled to workers’ compensation. Workers’ comp generally covers the following employees:
- Regular full-time and part-time employees
- Family members
- Corporate officers
Workers generally not covered by workers’ comp insurance include independent contractors, volunteers, domestic workers and farm laborers. Business owners without employees and state or local governments are also generally exempt. However, those employers exempt from providing workers’ comp insurance may elect to purchase coverage for their workers voluntarily.
Workers’ Rights Under Tennessee Workers’ Compensation Laws
Tennessee workers’ compensation laws entitle regular employees to certain benefits when they suffer a work-related injury or illness. Such benefits include medical treatment at no cost, partial wage replacement payments and the reimbursement of certain transportation costs. The family of a deceased worker may also receive death benefits, such as burial and funeral expenses and weekly payments for dependents.
However, to qualify for benefits, Nashville workers and their employers must fulfill their responsibilities under the law, which include:
- Reporting the Injury Promptly. You must notify your employer of the injury or illness within 15 calendar days of the accident or within 15 days of the date you knew or should have known about your injury or condition.
- Filing a Claim. Your employer must file a workers’ comp claim with the Tennessee Bureau of Workers’ Compensation within one year of either the date of injury, the date the last disability benefits were paid or the date the last medical treatment was provided.
- Using an Authorized Physician. For medical diagnosis and treatment, you must use a physician from a panel of three doctors provided by your employer. For continued medical benefits, you must also cooperate with your doctor and follow your treatment plan.
Filing Process for Workers’ Compensation in Tennessee
Filing a workers’ comp claim is a process entailing several steps. Here’s a simplified overview of how to file a claim after a work injury or illness:
- Report the Injury: Report your work injury or illness to your employer or supervisor as soon as possible. You must do so within 15 days.
- The Employer Files a Claim: Your employer must file your workers’ comp claim by completing the First Report of Injury Form (Form C-20) within one working day of finding out about your injury or illness. Follow up with your employer to ensure they have submitted the form.
- Claim Decision. Once your claim is filed, your employer’s insurance company will investigate your case and decide to approve or deny your benefit claim. They must do so within 20 days of receiving Form C-20.
- File an Appeal. If your employer’s insurance company denies your workers’ comp claim, you have the right to file an appeal with the Tennessee Workers’ Compensation Appeals Board. You must do so within 30 days of receiving a denial notice.
If you have a complex or disputed claim, getting a workers’ comp attorney on your side can be crucial for determining your next best steps.
Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Tennessee
Not all is lost if your workers’ comp claim is denied. You can appeal the decision and could still recover benefits. Now can be a good time to think about hiring an attorney to help you prevail in the appeals process. You or your attorney must file an appeal with the Workers’ Compensation Appeals Board within 30 calendar days of the date you received the compensation order (claim denial letter).
If you’re not covered by workers’ compensation insurance, you could have other options for recovering compensation. For example, you may be able to file a lawsuit against your employer or a third party that caused your work accident. However, you would have to prove the negligence of your employer or the responsible party to win damages. If successful, you could recover healthcare expenses, lost income, pain and suffering and more.
How Can an Attorney Help You?
Suffering from a work-related injury or condition puts you in a vulnerable position and can make it tough to pursue a workers’ compensation claim. A workers’ compensation attorney can be your best advocate during this challenging time and handle the legal process while recovering. Here’s how an attorney can help:
- Gather and organize the medical evidence required for your claim
- Ensure you adhere to the crucial filing deadlines
- Guide you through the workers’ comp process
- Prevent insurance companies from shortchanging you
- Represent you in court if your claim is disputed or denied
Tennessee Workers’ Comp Claim Denial and Ineligibility
If your workers’ comp claim is denied, working with an attorney can be crucial to receiving benefits. Firstly, your attorney will determine why your claim was denied. They can then file an appeal, guide you through the appeals process, and represent you in appeals hearings. If your claim was refused due to your employer disputing your injury or illness, an attorney could help prove the validity of your claim and negotiate a settlement with your employer’s insurer.
If you’re ineligible to file a workers’ comp claim in Tennessee, a workers’ compensation attorney could still help. For example, you may be entitled to file a personal injury lawsuit and pursue damages. An attorney can clarify all your legal options and move forward with a claim on your behalf.
How to Choose the Best Workers’ Comp Lawyer
Choosing the right workers’ comp lawyer involves some effort but can make all the difference in the outcome of your claim. Here are some key features to consider when selecting an attorney:
- Experience in Workers’ Comp Cases: Choose a lawyer who has a deep understanding of Tennessee’s workers’ comp laws and has a proven track record of securing positive outcomes for other clients.
- Communication and Accessibility: The best workers’ comp lawyers are responsive to their client’s questions and concerns. They also regularly update clients about the status of their cases.
- Negotiation Skills: Workers’ comp claims aren’t always plain sailing. A good attorney must have strong negotiation skills and be adept at handling insurance companies and other parties involved in your case.
- Litigation Experience: While workers’ comp cases are typically settled out of court, some invariably end up in the courtroom. You’ll want a lawyer who has successfully litigated workers’ comp cases and can confidently take your case to trial.
- Reputation: Don’t forget to check the attorney’s reputation to ensure you hire someone who provides quality legal services. Reviews and ratings from past clients and peers can give you invaluable insights into an attorney’s success rate.
Methodology for Finding the Best Nashville Workers’ Compensation Attorney
To come up with the best workers’ comp lawyers in Nashville in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How long does it take to get a workers’ comp settlement in Nashville?
Waiting for a workers’ comp settlement can test your patience, especially when you depend on the settlement to support you financially. However, since no two workers’ comp claims are the same, it can be tricky to estimate a timeline. While some settlements may be paid out in a few months, more complex or contested claims could take up to a year or longer.
The length of your workers’ comp claim settlement can depend on various factors unique to your case, including:
• The complexity of your claim
• The severity and permanence of your injury or illness
• The efficiency of the insurance company handling your claim
• Whether the insurer or your employer disputes your claim
Does workers’ comp in Tennessee pay for pain and suffering?
Tennessee workers’ compensation provides a basic safety net for employees, which includes medical treatment (at no cost) and wage replacement benefits to workers and families. However, unlike a personal injury claim, workers’ comp does not include any compensation for pain and suffering or other non-economic damages.
That said, if you develop a mental disorder due to your physical injury, such as depression, anxiety, or even post-traumatic stress disorder (PTSD), workers’ comp benefits for treatment may be available. However, this typically only applies when your mental condition arises from a physical work-related illness, injury or accident.
How much do workers’ comp lawyers cost in Nashville?
Working with a skilled workers’ comp lawyer protects your rights and interests but can come at a significant cost. However, while attorneys’ fees depend on your claim’s length and complexity, among other factors, Tennessee caps the fees of workers’ comp attorneys.
Generally, your attorney cannot charge you more than 20% of the benefits awarded with a workers’ comp claim in the state. For example, if you win your case and receive $20,000 in workers’ comp payments, your attorney’s fee must not exceed $4,000. Consider scheduling free consultations with workers’ comp attorneys, which allow you to discuss fees and understand whether hiring an attorney is a good option for you.
