How Rocky McElhaney Law Firm Works to Maximize Your Workers’ Compensation Settlement

If you suffer a workplace injury, you may be out of work for weeks or months, losing needed income, accumulating costly medical bills, and stressing over how you will pay your day-to-day expenses going forward. Luckily, employees in Tennessee are typically eligible for workers’ compensation benefits, which can help ease some of your stress while you heal.

But you may not get all the compensation you are entitled to receive if you try to file a claim on your own. Rocky McElhaney Law Firm is here to help. Today, we’re going to go over the workers’ compensation process a bit, and talk about how we fight for the best possible outcome for you.

What is workers’ compensation?

According to the Tennessee Department of Labor & Workforce Development, workers’ compensation is a state-wide program designed “to protect employees and employers from the negative consequences associated with a work-related accident.” Therefore, if you become sick or are injured on the job, you may be eligible for this program that pays for your medical bills and provides you with partial income replacement while you are out of work.

How do you qualify for workers’ compensation?

If you work for a company in Tennessee that has at least five part or full-time employees including you, your employer is required to offer workers’ compensation. (Mining and construction companies are required to carry workers’ compensation insurance even if there is just one worker.) However, you must prove the following before you will be approved for workers’ compensation:

• You were injured, hurt, or became ill while working on the job. This can be a one-time accident or a continuous issue that caused your injuries or illnesses.
• You experienced economic losses due to your injuries or illnesses, such as medical bills and lost wages.
• You are or were an employee of the company, and the company is required to carry workers’ compensation insurance.

How can I increase my chances of a successful workers’ compensation claim?

When you are trying to obtain the highest amount of workers’ compensation benefits possible, there are a few important steps that you should take. Here are five steps that our Nashville workers’ compensation lawyers recommend pursuing:

1. Notify your employer of your injuries or illnesses as quickly as possible: You typically have 15 days from the date that you knew about the injury or illness to report it to your employer. If you fail to report your injury or illness within this time period, you will likely lose your opportunity to receive any workers’ compensation.
2. Seek medical attention immediately: You should visit a hospital, local clinic, or a physician’s office right after the accident. When immediately notifying your employer of the injury, your employer should send you a panel of physicians to select a physician form or direct you to a specific clinic for initial treatment until a panel is offered. If you wait a few days to seek medical attention, insurance companies may try to say that your injuries or illnesses are not serious. This will only delay your settlement or cause you to receive a lower offer than you deserve.
3. Refrain from communicating with insurance companies: Many people think that insurance companies are nice, friendly, and understanding when it comes to their injuries. However, this could not be further from the truth. Insurance companies and employers are always looking for ways to get you to state that your injury or illness is not as bad as you once believed or that the accident was fully or partially your fault. Therefore, it is highly recommended that you do not communicate with these companies during this time.
4. Document everything possible: You should document as much as possible about your injuries or illnesses. For example, you should write down your medical costs, when the accident took place, where the accident occurred, and any challenges you have experienced with your claim. It is also critical that you hold onto bills, receipts, and all necessary paperwork regarding your accident and injuries.
5. Get in touch with a Nashville workers’ compensation attorney at your earliest convenience: One of the most important steps you can take is to hire a workers’ compensation lawyer right away. At Rocky McElhaney Law Firm, our attorneys have the experience and knowledge needed to help our clients navigate tough and challenging workers’ compensation claims, and we will do everything we can to help you maximize your settlement.

How Rocky McElhaney Law Firm’s attorneys can help with worksite injury claims

If you choose to work with our professional and skilled team of workers’ compensation attorneys at Rocky McElhaney Law Firm, we will strive to maximize your workers’ compensation settlement by:

• Collecting evidence, such as paperwork, medical records, medical bills, doctor statements, and more
• Filing your initial application for benefits to ensure that it is correct and submitted on time
• Hiring expert witnesses and eyewitnesses who will provide a testimony of your injuries or illnesses and what happened during the accident, if necessary
• Communicating with insurance companies, employers, and other parties involved
• Building a strong case, ensuring that you understand everything happening at all times, and negotiating on your behalf
• Representing you:
  • In benefit review conference (BRC) hearings if your claim is disputed
  • In filings for reconsideration
  • In front of a judge if your claim is denied

Filing a workers’ compensation claim can be stressful, frustrating, and overwhelming if you’re on your own. At Rocky McElhaney Law Firm, we know how to address and overcome any challenge or obstacle that comes our way when navigating the complex workers’ compensation system. Call our offices in Nashville, Hendersonville, or Clarksville or submit our contact form at your earliest opportunity to schedule your free case evaluation. Let us fight for you!