Brentwood workers compensation lawyers

Brentwood Workers’ Compensation Lawyers

Skilled help from our Brentwood workers’ compensation attorneys when you’re injured on the job

When you’re injured on the job, you need help. At Rocky McElhaney Law Firm, our Brentwood workers’ compensation lawyers are here for you. Our team of experienced attorneys is committed to providing unparalleled representation for workers seeking compensation in Brentwood. From filing claims to navigating the legal intricacies of your claim, we are here to ensure you receive the support and compensation you rightfully deserve. Your well-being is our priority, and we are ready to stand by your side throughout the entire process.Top of Form

Cases We Handle

Nashville personal injury lawyer

How can we help?

What is workers’ compensation?

Workers' compensation, also commonly called workers' comp, is a government-mandated program that provides benefits to workers who are injured or become ill due to their jobs. It's essentially a form of employer-provided insurance that aims to:

  • Provide financial support: This includes compensation for lost wages while you recover, medical expenses related to the injury or illness, and, in some cases, death benefits for families of workers who die on the job.
  • Promote workplace safety: By requiring employers to carry workers' comp insurance, the program incentivizes them to create safe working conditions and prevent injuries.
  • Resolve workplace injury claims efficiently: Workers' comp typically provides a quicker and less adversarial way to resolve claims compared to suing an employer in court.

Here are some key points about workers' compensation:

  • Almost all employers in the United States are required to have workers' comp insurance, with the specific rules and regulations varying by state. In Tennessee, all employers with five or more employees must carry workers’ compensation insurance.
  • Unlike a lawsuit, you don't need to prove your employer was negligent to receive workers' comp benefits. As long as your injury or illness arose "in the course and scope" of your employment, you are eligible for benefits.
  • In exchange for receiving workers' comp benefits, you usually give up your right to sue your employer for negligence concerning the injury or illness.

You may be entitled to the following benefits under workers’ comp:

  • Medical benefits: Your worker’s comp covers medical treatment for as long as your physician deems it necessary (this is called maximum medical improvement, or MMI).
  • Temporary disability benefits: If your injuries or illness prevent you from returning to work, workers’ comp offers temporary wage replacement.
  • Permanent disability benefits: If your illness or injury is so severe that you cannot recover or return to work again, you are likely eligible for permanent disability.

To learn more, visit the Tennessee Department of Labor and Workforce Development.

How are Brentwood workers’ compensation benefits calculated?

Brentwood workers’ compensation benefits include the following:

  • Wage replacement: When you're temporarily unable to work due to your work-related injury, you receive two-thirds of your average weekly wage, calculated based on the 52 weeks prior to the injury.
  • Benefits start: After the eighth day of disability, with retroactive payments to the first day if the disability lasts 14 days or longer.
  • Maximum benefit amount: Limited to the current maximum weekly compensation rate set by the state.

What is maximum medical improvement?

Maximum medical improvement (MMI) refers to the point in a patient's recovery from an injury or illness where further improvement is unlikely, despite continued appropriate medical treatment. It doesn't necessarily mean complete healing, but rather that the condition has stabilized and no significant changes are expected, regardless of ongoing treatment or rehabilitation.

Here are some key aspects of MMI:

  • A healthcare professional, usually the treating physician, makes the judgment of when a patient has reached MMI based on their medical history, ongoing evaluations, and response to treatment.
  • Reaching MMI doesn't guarantee complete recovery or the absence of any limitations. Patients may still have residual impairments or pain.
  • Even after MMI, some treatment might be necessary to manage pain, maintain condition stability, or prevent complications.
  • MMI plays a significant role in legal cases like personal injury and workers' comp, as it defines the extent of permanent damage and helps determine the amount of compensation.

Reaching maximum medical improvement (MMI) in a workers' compensation claim has both positive and negative implications for injured workers. Here's a breakdown of how MMI impacts various aspects of your claim:

Positive implications

  • Once MMI is reached, further medical expenses related to the work injury are generally covered by workers' compensation, even if they fall outside the initial treatment period. This provides financial security for ongoing care, such as pain management or physical therapy.
  • Depending on the state and the severity of your impairment, reaching MMI might trigger eligibility for permanent partial disability (PPD) benefits. These ongoing payments compensate for the loss of earning capacity due to your permanent disability.
  • MMI often serves as a catalyst for settlement negotiations between the injured worker and the insurance company. Knowing the extent of your permanent impairment allows for a more accurate assessment of the total compensation you deserve.

Negative implications

  • Reaching MMI leads to the termination of temporary total disability (TTD) benefits, which replace a portion of your lost wages while you're unable to work. This can create financial hardship if you haven't yet returned to work or found suitable alternative employment.
  • While MMI helps determine the extent of your physical impairment, it doesn't necessarily translate directly to the pain and suffering you've endured. Negotiating fair compensation for non-economic damages becomes more complex after MMI.

What is an occupational illness or disease?

An occupational illness or disease refers to a health condition that is directly caused by exposure to hazards or harmful substances in the workplace. Unlike sudden injuries, occupational illnesses often develop over an extended period due to repeated exposure to specific work-related conditions. These illnesses can affect various organ systems and may manifest with a wide range of symptoms. Examples of occupational illnesses or diseases include:

  • Occupational lung diseases: Conditions like asbestosis, silicosis, or black lung disease resulting from exposure to airborne particles or harmful substances.
  • Repetitive strain injuries (RSI): Conditions such as carpal tunnel syndrome or tendonitis that develop due to repetitive movements or overuse of certain body parts.
  • Noise-induced hearing loss: Caused by prolonged exposure to loud noise levels in the workplace.
  • Chemical poisoning: Resulting from exposure to toxic chemicals or substances commonly found in certain work environments.
  • Skin disorders: Conditions like dermatitis or contact eczema caused by exposure to irritants or allergens.
  • Occupational cancers: Certain types of cancer that are linked to workplace exposures, such as asbestos-related mesothelioma.
  • Infectious diseases: Contracted in the workplace due to exposure to pathogens, especially in healthcare or laboratory settings.

Employers need to implement safety measures and provide protective equipment to minimize the risk of occupational illnesses. Workers who develop such illnesses may be eligible for workers' compensation benefits to cover medical expenses and lost wages associated with the illness.

What types of workers’ compensation claims do you handle?

As Brentwood workers' compensation lawyers, we represent injured employees from a wide array of sectors, including those in:

  • Healthcare
  • Construction
  • Retail and Sales
  • Corrections and law enforcement
  • Manufacturing
  • Entertainment

Whether you’ve sustained your injury while working in the field or at the office, or while traveling for a work-related function. Rocky McElhaney Law Firm can help. Our Brentwood workers’ compensation lawyers handle all manner of complex claims from the initial application, and can assist you if your previous claim was denied.

No matter the nature of your workplace injury or illness, our goal is to guide you through the workers' compensation process, ensuring that you receive the necessary medical treatment, compensation for lost wages, and any other benefits you are entitled to. Contact us for a consultation to discuss the specifics of your case.

Can you help if my Brentwood workers’ compensation claim is denied?Top of Form

We understand the frustration and challenges that come with a denied workers' compensation claim. If your workers' compensation claim in Brentwood has been denied, the experienced team at Rocky McElhaney Law Firm is here to help. We understand how to handle denied claims and guide individuals through the appeals process. Here's how we can assist you:

  • Review and analysis: We will thoroughly review the details of your denied claim, examining the reasons provided by the insurance company for the denial.
  • Gathering additional evidence: If necessary, we will work to gather additional evidence, medical records, and witness statements to strengthen your case and address any concerns raised during the denial.
  • Appeals process: Our legal team will guide you through the workers' compensation appeals process, ensuring that all necessary paperwork is filed within the specified timelines.
  • Negotiations: We will engage in negotiations with the insurance company on your behalf, aiming to reach a fair settlement. This may involve presenting new evidence, providing clarifications, and advocating for your rights.
  • Administrative hearings: If negotiations do not lead to a resolution, we are prepared to represent you in administrative hearings before the workers' compensation board. This involves presenting your case before an administrative law judge.
  • Court representation: In some cases, it may be necessary to escalate the appeal to the court system. We have the experience to represent you effectively in court if litigation becomes necessary.

Our goal is to fight for your rights and ensure that you receive the workers' compensation benefits to which you are entitled. We understand the complexities of the workers' compensation system and are dedicated to navigating the appeals process on your behalf.

What are common Brentwood on-the-job injuries?

Workplace injuries can take place in any profession or environment, but some are more common than others. Here are some of the most frequent:

  • Slips, trips, and falls: These account for a significant portion of workplace injuries, often resulting in sprains, strains, broken bones, and head injuries. Slippery surfaces, uneven flooring, poor lighting, and cluttered walkways contribute to these incidents.
  • Musculoskeletal disorders (MSDs): Repetitive motion, awkward postures, heavy lifting, and prolonged vibration exposure can lead to MSDs like carpal tunnel syndrome, back pain, tendinitis, and bursitis. These injuries develop gradually over time and can have long-term impacts on mobility and workability.
  • Overexertion injuries: Lifting heavy objects, pushing or pulling carts, and awkward twisting motions can cause strained muscles, pulled ligaments, and herniated discs. Proper training, adequate breaks, and using ergonomic equipment can help prevent these injuries.
  • Struck by or caught in objects: This category encompasses a wide range of incidents, from being hit by falling objects or moving machinery to getting pinched or crushed between equipment parts. Collisions with vehicles and tools also fall under this category.
  • Exposure to harmful substances: This can include inhaling chemicals, dust, or fumes, absorbing toxins through skin contact, or ingesting hazardous materials. The specific health consequences depend on the substance and exposure level, ranging from respiratory problems and skin irritation to cancer and long-term organ damage.
  • Burns: Thermal burns from flames, hot surfaces, or chemicals, as well as electrical burns from faulty equipment, can cause severe tissue damage and require extensive treatment.
  • Hearing loss: Prolonged exposure to loud noise from machinery, tools, or explosions can lead to gradual hearing loss or tinnitus (ringing in the ears). Proper hearing protection is crucial in noisy workplaces.
  • Eye injuries: Flying debris, splashes of chemicals, and exposure to harmful radiation can all injure the eyes. Wearing appropriate eye protection is essential to prevent these potentially vision-impairing injuries.
  • Workplace violence: Physical assaults, threats, and bullying can occur in various workplaces, leading to physical and emotional injuries. Employers have a responsibility to address and prevent workplace violence.

Remember, these are just some of the most common on-the-job injuries. The specific risks and hazards vary depending on the industry, job tasks, and work environment. Everyone must be aware of potential dangers, utilize proper safety measures, and report any unsafe conditions to ensure a healthy and safe working environment for all.

Consult with our skilled Brentwood workers’ compensation attorneys today

Don't accept a denied claim as the final verdict. Don't let a denied workers' compensation claim leave you without the support you need. We're here to stand by your side, advocate for your rights, and ensure you receive the compensation you deserve. At Rocky McElhaney Law Firm, we know how to turn denials into victories. To schedule a meeting with an experienced lawyer, call our offices or fill out our contact form today.