Workers’ Compensation Lawyers in Portland, TN
Injured on the job? Talk to our Portland workers’ compensation attorneys now
If you've been injured on the job, navigating the world of workers' compensation claims can be daunting. That's where we come in. With years of experience and a deep understanding of workers' rights, our Portland workers’ comp lawyers are dedicated to helping you secure the benefits and support you need to recover and move forward with confidence. At Rocky McElhaney Law Firm, we're committed to fighting for your rights and ensuring that you receive the compensation and care you deserve.
How can we help?
- What is workers’ compensation?
- How are Portland workers’ compensation benefits calculated?
- What is maximum medical improvement?
- What is an occupational illness or disease?
- What types of workers’ compensation claims do you handle?
- Can you help if my Portland workers’ compensation claim is denied?
- What are common Portland on-the-job injuries?
- Do you have a Portland workers’ compensation lawyer near me?
What is workers’ compensation?
Workers' compensation is a system that provides medical care, compensation for lost wages, and other benefits to employees who are injured or become ill as a result of their job. It’s a form of social insurance that aims to protect both workers and employers by providing financial support and coverage for work-related injuries or illnesses.
In general, workers’ compensation law requires employers to provide benefits to employees who are injured or become ill while performing their job duties, regardless of fault. This means that employees typically do not need to prove that their employer was negligent to receive benefits under workers' compensation.
Workers' compensation benefits may include payment for medical expenses, disability benefits to replace lost wages, vocational rehabilitation services to help injured workers return to work, and benefits to dependents in the event of a worker's death.
Employers are typically required to carry workers' compensation insurance to provide coverage for their employees. Workers' compensation laws also generally protect employers from being sued by employees for workplace injuries, except in cases of extreme negligence or intentional harm.
To learn more, visit the Tennessee Department of Labor and Workforce Development.
How are Portland workers’ compensation benefits calculated?
In Tennessee, workers' compensation benefits are calculated based on several factors, including the nature and extent of the worker's injury, their average weekly wage, and the type of benefits they are eligible to receive. Here's a brief overview of how workers' compensation benefits are calculated in Tennessee:
- Average weekly wage (AWW): The average weekly wage is typically calculated based on the worker's earnings in the 52 weeks prior to the injury. If the worker has not been employed for the full 52 weeks, the average may be calculated based on the time they were employed.
- Benefit rate: In Tennessee, workers' compensation benefits are generally calculated as a percentage of the worker's average weekly wage. Temporary total disability benefits, for instance, are typically paid at a rate of two-thirds of the worker's average weekly wage, subject to minimum and maximum limits set by law.
- Permanent partial disability (PPD) benefits: If the worker suffers a permanent impairment but is still able to work, they may be entitled to permanent partial disability benefits. These benefits are typically calculated based on a schedule of injuries outlined in Tennessee workers' compensation law.
- Medical benefits: Workers' compensation also covers reasonable and necessary medical treatment related to the workplace injury or illness. Medical benefits are paid directly to medical providers by the employer or the employer's workers' compensation insurance carrier.
- Vocational rehabilitation: In some cases, injured workers may be eligible for vocational rehabilitation services to help them return to work or obtain new employment if they are unable to return to their previous job due to their injury.
It's important to note that each workers' compensation case is unique, and benefits can vary depending on the specific circumstances of the injury or illness. Injured workers should consult with an experienced workers' compensation attorney like those at Rocky McElhaney Law Firm to understand their rights and ensure they receive the benefits they are entitled to under the law.
What is maximum medical improvement?
Maximum medical improvement (MMI) is an important concept in the field of workers' compensation and personal injury law. It refers to the point at which an injured individual's medical condition has stabilized to the extent that further medical treatment is unlikely to significantly improve their condition.
In practical terms, MMI is reached when your treating physician determines that you have recovered as much as possible given the nature and severity of your injury. At this point, the physician will assess your condition and determine whether any permanent impairments or disabilities exist as a result of the injury.
Reaching MMI does not necessarily mean that an injured person has fully recovered or that they are able to return to their pre-injury level of functioning. Instead, it signifies that the medical treatment has plateaued, and further medical interventions are unlikely to result in substantial improvement.
Once you have reached MMI, you may undergo evaluations to determine the extent of any permanent impairments or disabilities. This assessment determines your eligibility for ongoing benefits, such as permanent partial disability benefits, vocational rehabilitation services, or other forms of compensation.
What is an occupational illness or disease?
An occupational illness or disease is a health condition that arises as a direct result of exposure to hazardous substances or conditions in the workplace. Unlike acute injuries that may occur from accidents, occupational illnesses typically develop over time due to repeated exposure to certain hazards or conditions present in the work environment.
Occupational illnesses can affect various systems and organs of the body and may manifest in a wide range of symptoms. Some common examples of occupational illnesses include:
- Respiratory conditions: Including occupational asthma or chronic obstructive pulmonary disease (COPD) due to exposure to airborne pollutants like dust, chemicals, or fumes.
- Skin disorders: Including contact dermatitis or chemical burns caused by exposure to irritants or allergens present in the workplace.
- Hearing loss: Resulting from prolonged exposure to high levels of noise in industrial settings or workplaces where loud machinery is used.
- Occupational cancers: Certain types of cancer, such as lung cancer from exposure to asbestos fibers or mesothelioma, bladder cancer from exposure to certain chemicals, and skin cancer from exposure to ultraviolet radiation.
- Musculoskeletal disorders: Including carpal tunnel syndrome, tendonitis, or back injuries caused by repetitive movements, heavy lifting, or poor ergonomic conditions.
- Infectious diseases: Contracted due to exposure to infectious agents in healthcare settings, laboratories, or other environments where workers may come into contact with pathogens.
Occupational illnesses can have serious consequences for affected individuals, often leading to disability, reduced quality of life, and even premature death. Employers have a legal obligation to provide a safe work environment and to take measures to minimize or eliminate hazards that could contribute to the development of occupational illnesses among their employees. Workers who develop occupational illnesses are typically entitled to workers' compensation benefits to cover medical expenses, lost wages, and other related costs.
What types of workers’ compensation claims do you handle?
Our skilled team of Portland workers’ compensation lawyers handle a wide variety of workers’ comp claims. We understand workplace injuries and illnesses and we’re committed to providing legal advocacy to workers in Portland. Some of the types of workers’ compensation claims we handle include:
- Workplace injuries
- Occupational diseases
- Construction accidents
- Manufacturing and industrial injuries
- Healthcare and medical industry injuries
- Back and spinal injuries
- Psychological injuries
- Fatal workplace accidents
- Denied claims and appeals
Our workers' compensation attorneys help injured workers like you navigate the complex process of filing and pursuing workers' compensation claims, advocate for your rights, and ensure you receive the benefits and compensation you are entitled to under the law. We provide legal representation at all stages of the claims process, including initial filings, appeals, negotiations with insurance companies, and, if necessary, litigation in court.
Can you help if my Portland workers’ compensation claim is denied?
Yes. If your workers' compensation claim is denied, working with a lawyer can be highly beneficial. Here's how our lawyers can help you navigate the process and increase your chances of getting the benefits you deserve:
- Reviewing your case: We will carefully review the details of your case, including your medical records, the circumstances of your injury, and the reasons for the denial. We will assess the strength of your claim and identify any potential issues that need to be addressed.
- Appealing the denial: Your lawyer will assist you in filing an appeal of the denial. We will ensure that all necessary paperwork is completed accurately and submitted within the required deadlines. This includes gathering additional evidence, such as medical records and witness statements, to support your claim.
- Representing you in hearings: If your appeal proceeds to a hearing before an administrative law judge or workers' compensation board, we will represent you during the proceedings. We will present evidence on your behalf, cross-examine witnesses, and argue your case to the decision-maker.
- Negotiating with the insurance company: In some cases, we may be able to negotiate a settlement with the insurance company without the need for a formal hearing. We will advocate for your best interests and work to secure a fair and reasonable settlement that provides you with the compensation you deserve.
- Handling complex legal issues: Workers' compensation laws can be complex, and navigating the appeals process on your own can be challenging. A lawyer with experience in workers' compensation cases has a thorough understanding of the law and the legal procedures involved. We will use our knowledge and experience to navigate the complexities of your case and advocate effectively on your behalf.
Working with a Portland workers' compensation lawyer can significantly improve your chances of overturning a denial and obtaining the benefits you are entitled to under the law. By having a knowledgeable and experienced advocate on your side, you can focus on your recovery while we handle the legal aspects of your case.
What are common Portland on-the-job injuries?
Common on-the-job injuries can vary depending on the nature of the work. However, some injuries tend to occur more frequently across different types of workplaces. Here are some common on-the-job injuries in Tennessee:
- Sprains and strains: These injuries often result from lifting heavy objects, repetitive motions, or overexertion. Sprains and strains can affect various parts of the body, including the back, neck, shoulders, and wrists.
- Fractures: Fractures, or broken bones, can occur due to falls, collisions, or accidents involving machinery or equipment in industrial settings, construction sites, or manufacturing facilities.
- Cuts and lacerations: Workers in industries such as construction, manufacturing, and food service are at risk of cuts and lacerations from sharp objects, tools, machinery, or broken glass.
- Back injuries: Back injuries are common among workers who perform heavy lifting, repetitive bending, or other physically demanding tasks. These injuries can range from muscle strains to more serious conditions such as herniated discs or spinal cord injuries.
- Burns: Workers in industries such as manufacturing, construction, healthcare, and food service may be at risk of thermal, chemical, or electrical burns due to exposure to heat, flames, hot surfaces, chemicals, or faulty electrical equipment.
- Repetitive motion injuries: Repetitive motion injuries, such as carpal tunnel syndrome or tendonitis, can develop over time from performing repetitive tasks, such as typing, assembly line work, or operating machinery.
- Electrocution and electrical injuries: Workers in construction, maintenance, and electrical industries are at risk of electrocution or electrical injuries from contact with live wires, faulty equipment, or unsafe electrical systems.
- Slip and fall injuries: Slip and fall accidents can occur in any workplace environment and may result from wet or slippery floors, uneven surfaces, debris, or inadequate lighting.
- Chemical exposures: Workers in industries that involve handling chemicals or hazardous substances may be at risk of chemical exposures, which can cause respiratory problems, skin irritation, burns, or other health issues.
- Traumatic brain injuries (TBIs): TBIs can occur as a result of falls, vehicle accidents, or being struck by objects in various workplace settings.
Employers need to implement proper safety measures, provide appropriate training, and maintain a safe work environment to prevent these common on-the-job injuries and protect the health and well-being of their employees.
Do you have a Portland workers’ compensation lawyer near me?
Rocky McElhaney Law Firm has several locations throughout Tennessee to serve our clients better. We can also schedule phone or video consultations if you are too ill or injured to visit us.
Dedicated Portland workers’ compensation lawyers on your side
If you've been injured on the job, our team of experienced Portland workers' compensation attorneys is here to fight for your rights and ensure you receive the benefits you deserve. Don't let insurance companies or employers deny you the compensation and support you need to recover and move forward with your life. Your health and financial security are too important to leave to chance. Take action now and put our experienced team on your side. We're here to help you get the justice and compensation you're entitled to. To schedule a meeting with a skilled lawyer, call our offices or fill out our contact form today.