Gallatin Workers’ Compensation Lawyers
Help from Gallatin workers’ comp attorneys when injured on the job
Many Gallatin employees work for the GAP, the Sumner Regional Medical Center, the Volunteer State Community College, or local schools, restaurants, hotels, and other for-profit and non-profit companies. When employees suffer workplace injuries or occupational illnesses, they deserve to be compensated for the medical care they need and for the amount of wage loss benefits Tennessee authorizes (generally, 2/3 of their lost wages). At Rocky McElhaney Law Firm, our Gallatin workers’ compensation lawyers help workers maximize their health, return to work when possible, and receive the full workplace benefits they deserve. We’ve helped many injured and ill workers just like you.
How can we help?
- What is workers’ compensation?
- What are temporary work loss benefits?
- What are permanent work loss benefits?
- How do you fight for Gallatin employees who are entitled to workers’ compensation?
- What types of workers’ compensation cases do your Gallatin lawyers handle?
- What types of injuries do Gallatin workers suffer from?
- What is an occupational illness or disease?
What is workers’ compensation?
Workers provide an income for families, products, and services for Gallatin and the nation, and help communities grow and prosper. Every job, however, carries risks that a worker can be injured any day in a variety of different ways. Tennessee’s workers’ compensation program helps ensure that workers receive full medical care if they are injured or become ill due to their jobs. Workers’ benefits also include temporary wage loss benefits and permanent disability benefits.
Employers in Gallatin are generally required to carry workers’ compensation insurance if they have five or more employees. Employees who are hurt while working must notify their employer in someone in a management position within 15 days of any accident. Your eligibility for benefits depends on:
- Being an employee
- The accident must occur during the scope of your employment
- Your injuries must be due to your accident
Workers’ compensation is a compromise. Employees do not have to prove that their employer was negligent. In fact, employees can even file a work injury claim if their negligence caused the accident, as long as they were not under the influence or drugs or alcohol or behaving recklessly. In return, employees generally receive compensation for all their medical bills and 2/3 of the lost wages. Employees cannot claim damages for pain and suffering unless the accident was due to a third party such as a manufacturer of defective tools and equipment.
In some cases, workers may be eligible for vocational retraining benefits if they can’t perform the tasks that they did in their old job but could perform new tasks if they receive the proper education and training.
Employees are generally required to select physicians from a panel of doctors chosen by their employer. Some travel reimbursement costs may apply. Our Gallatin workers’ compensation lawyers will explain when an employee can request to switch to a doctor of the employee’s choosing.
What are temporary work loss benefits?
Temporary work loss benefits are the benefits Gallatin workers can claim while they are seeking treatment to improve their health. During this time, workers are generally entitled to:
- 100 percent payment of the reasonable medical care needed to improve their health.
- 2/3 of their average weekly wages. Some caps may apply. Other conditions that our Gallatin workers’ compensation lawyers will explain may also apply. For example, if you can return to work – but with restrictions (you can do light duty work) – then the wage benefits are 2/3 of your average weekly wages before the accident minus 2/3 of your light duty wages.
Once it is clear that additional medical treatments won’t improve an employee's health, then the wage benefits stop. A determination must then be made as to whether the employee has a permanent disability.
Employees, whether they qualify for permanent disability benefits or not, have the right to full payment of the medical care they still need to ensure that their medical condition doesn’t worsen.
What are permanent work loss benefits?
Once a Gallatin employee reaches the point of maximum medical improvement (MMI), an evaluation is made to determine what injury the employee still has, the severity (impairment rating) of that injury, how that injury affects the ability of the employee to perform his/her job, and other factors.
Our Gallatin workers’ compensation lawyers seek medical benefits and permanent disability wage loss benefits (2/3 of the average weekly wage) for employees. Often, our experienced lawyers will negotiate a lump sum settlement when workers reach MMI so the employee has control of the funds instead of the employer or the employer’s insurance carrier.
A few additional permanent disability considerations are:
- The amount of the benefits may be reduced by the severity/impairment rating of the injuries.
- The amount of benefits may also be adjusted if a worker can work with his/her permanent disability – but at a lower-paying job.
- Permanent disability benefits should be paid until the worker is eligible for Social Security retirement benefits.
- Employees may be entitled to additional work loss benefits for certain types of severe injuries such as blindness or the loss of both arms.
How do you fight for Gallatin employees who are entitled to workers’ compensation?
At Rocky McElhaney Law Firm, we fight for injured employees in the following ways, among others. We:
- File your workers’ insurance claim
- Work to show that you were an employee – as opposed to an independent contractor
- Work with your treating doctors to fully evaluate your injuries, the type of care you need and will continue to need, and your ability/inability to work (with or without restrictions)
- Explain when you can request a change in physicians
- Explain how the independent medical exam (IME) process works
- Verify your income loss and the wage benefits you’re entitled to
- Prepare you for any hearings
- Contest defense efforts to deny or limit your claim such as by arguing that your injuries are due to a pre-existing condition or that you’re not cooperating with your nurse case manager
- Explain when and how you can seek permanent disability benefits
- Negotiate lump sum settlements
Our Gallatin workers’ compensation lawyers will guide you through each step of the claims process.
What types of workers’ compensation cases do your Gallatin lawyers handle?
Our Gallatin workers’ compensation lawyers represent all types of workers and all types of work injuries. Our representation includes workers in the following sectors, among others:
- Manufacturing
- Law enforcement and firefighting
- Healthcare
- Education
- Transportation
- Restaurant services
- Hospitality
- Professional services
- Government work
- Construction
- Nonprofit services
Some of the more common causes of workplace injuries include
- Falls from heights
- Slip and falls on ground-level services
- Machinery and equipment injuries
- Overexertion
- Infections
- Motor vehicle accidents
- Exposure to chemical toxins
- Electrical accidents
- Exposure to heat
- Radiation accidents
- Repetitive stress injuries such as carpal tunnel syndrome
- Lifting accidents
- Emotional trauma in high-stress jobs
- Workplace violence
If you were seriously injured while working at any type of job, Rocky McElhaney Law Firm is ready to help you file your workers’ compensation claim today.
What types of injuries do Gallatin workers suffer from?
Each type of job has injuries that are more common than in other places. Equipment injuries that can cause an amputation are more likely to occur at an industrial site. Employees are more likely to become infected at hospitals or medical practices than at other worksites.
Our Gallatin workers’ compensation lawyers handle all types of serious work injury claims, including:
- Head trauma, concussions, and traumatic brain injuries
- Broken arms, legs, and other parts of the body
- Neck, back, and shoulder injuries
- Burn injuries
- Hearing and sight injuries
- Knee injuries
- Heart failure
- Headaches
- Carpal tunnel syndrome, bursitis, and other repetitive stress injuries
- Occupational illnesses including mesothelioma, respiratory, and pulmonary diseases
- Infections
- Crush injuries
- Penetrating wound injuries
Every injury has inherent complications. Every injury has general timelines and expectations for when and if an employee will fully recover. At Rocky McElhaney Law Firm, we’re skilled at handling all types of serious injuries. These skills includes showing that your injuries are work-related, what doctors you’ll need to treat with, the prospects for returning to work the cost of the medical care, and other issues.
We help employees return to work when (and if) they are physically able – and not because the employer’s insurance company doesn’t want to pay its bills.
What is an occupational illness or disease?
Gallatin employees can always file a workers’ compensation job if they are injured while working. They can also file a claim if they suffer an occupational illness. The requirements for filing an occupational illness claim are:
- The worker is an employee
- The illness is due to workplace conditions
- The illness is not reasonably attributable to conditions outside the workplace
Common types of occupational diseases include:
- Hearing loss
- Heatstroke
- Certain types of eye injuries
- Skin and breathing diseases
- Infections and diseases, such as tuberculosis
- Respiratory diseases, such as chronic obstructive pulmonary disease (COPD), lung disease, and occupational asthma
- Skin diseases, including contact dermatitis
- Musculoskeletal disorders, such as carpal tunnel syndrome, back disorders, and rotator cuff tendinitis
- Occupational cancers, such as mesothelioma, lung cancer, and leukemia
- Many other illnesses
Our lawyers are respected by employers, insurance companies, and most proudly by former clients for our impressive record of work injury and occupational illness cases. If you’re hurt or ill, call us today.
Get help from our experienced Gallatin workers’ compensation lawyers today
There are time limits for notifying your employer you were injured and for filing a workers’ compensation claim. By consulting with our skilled Gallatin workers’ compensation lawyers; we’ll help you file your notice and claim promptly, see the medical doctors you need to see, and obtain the work loss benefits you deserve. Rocky McElhaney Law Firm is skilled at responding to all the tricks your employer will try to use to deny or limit your claim. Contact us or fill out our contact form now to schedule an appointment in Nashville, East Nashville, Hendersonville, or Clarksville.
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Nashville Location
545 Mainstream Dr #105
Nashville, TN
East Nashville Location
615 Main St., B21
Nashville, TN
Hendersonville Location
475 Saundersville Rd.
Hendersonville, TN
Clarksville Location
2197 Madison Street, Suite 103
Clarksville, TN
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Visit our Nashville Offices
Rocky McElhaney Law Firm
545 Mainstream Dr., #105
Nashville, TN 37228
Phone: (615) 425-2500
Rocky McElhaney Law Firm
615 Main St., B21,
Nashville, TN 37206
Phone: (615) 393-8585