Worker's compensation is a formal name for an "on the job
injury" claim. These cases refer to matters where an injured party
makes a claim against another individual, company, or other
entity for any medical bills related to the injury, lost wages
(temporary total disability), occupational disability (permanent
partial disability), and in some cases future medical bills related to
the accident. Worker's compensation laws are set forth in
Tennessee statutes which closely regulate how and when a claim
is to be filed. Therefore, it is extremely important that you consult
with a lawyer as soon as possible after your injury to ensure that
you have satisfied all of the necessary requirements to obtain the
maximum possible compensation.
The advantage of filing a claim under worker's compensation laws
is that the injured party need not prove anyone else was at fault.
This means that even if the injured party was at fault, compensation
is available.
On the other hand, a disadvantage of worker's
compensation laws is that the benefits one receives may be more limited
than what the injured party may otherwise obtain by filing
a non-worker's compensation personal injury claim.
Both a worker's compensation claim and a non-worker's
compensation personal injury claim arising out of the same
incident may be filed at the same time. Sometimes, however, a
worker's compensation claim is the exclusive remedy and
therefore a non-worker's compensation claim cannot or should
not be filed. |