Posts by Rocky McElhaney
What is a meaningful return to work, and what does that mean for my case?
Under current Tennessee workers’ compensation law one of the biggest factors in determining how much money an injured worker receives for a disability award is whether the worker made “a meaningful return to work”. While other factors, such as impairment rating and compensation rate are important, if an injured worker has not made a meaningful…
Read MoreWhat should I do when the insurance company denies future medical treatment?
So, you’ve settled your workers’ compensation claim. The insurance company has paid you, and they agreed in writing that you keep your right to future medical treatment with your authorized doctor (so long as the treatment is related to your work injury). Now, down the road a month, a year, or a decade later, the…
Read MoreMy Case is Settled. How Much of the Settlement is Going to Me?
Good news! After fighting the insurance company and forcing them to do the right thing or see you in court, they finally cave and decide to pay you what your case is worth to settle. But now that it is settled, how much of the settlement is going to go to you? In other words,…
Read MoreWhat Should You Do If You Slip and Fall in a Store?
“It only takes one fall to completely alter the life of a victim.” That was definitely a thought provoking statement I read by The National Floor Safety Institute, especially as an attorney who represents injured victims. No one knows better than I do how one moment can impact your life forever. So, what should you…
Read MoreCan I Get a Second Opinion in My Workers’ Compensation Case?
Raise your hand if you’ve said or thought any of the following during your workers compensation claim: My doctor isn’t listening to me. The doctor says there’s nothing more he can do, but I’m still in pain. I don’t trust my doctor and more because (fill in the blank). The insurance company’s Nurse Case Manager…
Read MoreThey sued for how much??? What the amount sued for really means.
Every day, the news details how a plaintiff has sued a defendant for ___ million dollars. Typically, whatever number goes in the blank sounds absurd when compared to the facts of the case as presented on the news. So what’s really going on here? Are the plaintiffs (or their lawyers) crazy and greedy? The short…
Read MoreStop, Look And Listen Before You Go Over An Unprotected Railroad Crossing
Tennessee residents are well aware that many unprotected railroad crossings exist across the state. With an extensive network of rail routes traversing urban areas as well as the countryside, the potential for auto/train collisions at these rail crossings is probably greater than you think. The Federal Railroad Administration (FRA) is an agency of the U.S.…
Read MoreWrongful Death Proceeds – Who gets the money?
Here at Rocky McElhaney Law Firm, we recently resolved two wrongful death claims. Both were tragic stories, and the way the law directs us to divide up the money struck me as very interesting given that they both resolved around the same time. One involved an 18 year-old young man and the other involved a…
Read MorePremises Liability and Notice in Tennessee
In December of 2010, we obtained one of the largest jury verdicts recorded in Davidson County for a premises liability case. A premises liability case holds the owner of the property responsible for dangerous conditions that exist on the property that the property owner either knew, or should have known about and failed to fix…
Read MoreInjuries at the Carnival are not Amusing – The Dangers of Amusement Park Rides
Last week there was a serious incident at a state fair. According to local news reports out of the North Carolina Star Fair, on Thursday night a ride called “The Vortex” was tampered with, causing serious injuries to at least five people. According to a description of the Vortex, the main arm is hydraulically lifted…
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