Franklin workers compensation lawyers

Franklin Workers’ Compensation Lawyers

Help from our Franklin workers’ compensation attorneys when you’re injured on the job

If you've been injured on the job, navigating the complexities of workers' compensation claims can be daunting. Our dedicated team of Franklin workers' compensation attorneys is here to provide the expertise and support you need during this challenging time. We have a deep commitment to advocating for your rights, and we stand ready to guide you through the legal process and ensure you receive the compensation and benefits you deserve. Your journey to recovery begins with the experienced representation of Rocky McElhaney Law Firm.

Cases We Handle

Injury Attorney Rocky McElhaney

How can we help?

What is workers’ compensation?

Workers' compensation is a type of business insurance that provides benefits to employees who suffer work-related injuries or illnesses. It can help pay for medical care, wages from lost work time, rehabilitation costs, and death benefits. Every employer in Tennessee with more than five employees must offer workers’ compensation.

Workers’ compensation protects both you and your employer. If you are injured in an on-the-job accident, your employer agrees to provide you with medical care and lost wages, and in return, you agree not to sue them for your injuries. You are eligible for benefits even if you were partially at fault for your injuries (provided you were not under the influence or acting recklessly).

You may be entitled to some of the following benefits under workers’ compensation:

  • Medical benefits. Workers’ comp covers medical treatment for as long as your physician believes you are benefitting from it (this is called maximum medical improvement, MMI).
  • Temporary disability benefits. If you cannot return to work while ill or injured, workers’ compensation offers temporary benefits to replace your wages. You will receive weekly benefits.
  • Permanent disability benefits. If your injury or illness is severe enough that you won’t recover or be able to work again, you are likely eligible for permanent disability.

To find out more, visit the Tennessee Department of Labor and Workforce Development. You must notify your employer within 15 days of your injury.

How are Franklin workers’ compensation benefits calculated?

Your Franklin workers’ compensation benefits can include:

  • Medical treatment, for as long as required by the authorized treating physician.
  • Travel expenses, if travel for medical treatment exceeds 15 miles one way.
  • Temporary disability benefits, which begin when your treating physician takes you off work. Per the Tennessee Department of Labor and Workforce Development, “Temporary disability benefits replace lost wages and are due beginning on the eighth day of the disability. If the disability lasts fourteen (14) days or longer, benefits will be paid back to the first day of disability. Temporary disability benefits are usually two-thirds (⅔) of your average weekly wages earned during the 52 weeks prior to the injury. The Bureau of Workers' Compensation does not pay these benefits. Benefits are paid by your employer's insurance carrier.”

The Department of Labor also notes, “If you are able to work, but your average weekly earnings are reduced because of work restrictions, you may be entitled to partial disability benefits.”

What is maximum medical improvement?

Maximum medical improvement (MMI) is a term used in workers' compensation and personal injury cases to indicate that an injured individual's condition has reached a point where it is not expected to improve significantly. It signifies that, despite ongoing medical treatment, the person's medical condition has stabilized, and further medical interventions are unlikely to result in substantial improvement.

When an individual reaches MMI, it has several implications in the context of workers' compensation:

  • Settlement negotiations. In workers' compensation cases, reaching MMI is often a key point in settlement negotiations. Once a person has reached MMI, the parties involved may have a better understanding of the extent of the injury and its long-term effects. This information can be used to negotiate a fair settlement that takes into account future medical expenses, permanent disability, and other factors.
  • Disability ratings. After reaching MMI, a healthcare professional may assign a permanent impairment rating to the individual. This rating reflects the degree of impairment resulting from the injury and is used to determine the level of permanent disability benefits the injured worker may be entitled to.
  • Transition to permanent disability benefits. In some cases, when an injured worker has reached MMI, temporary disability benefits may transition to permanent disability benefits. These benefits are intended to compensate for any permanent impairment or loss of earning capacity caused by the work-related injury.
  • Return-to-work considerations. Once a person reaches MMI, there may be discussions about the potential for returning to work. Depending on the nature of the injury and the individual's abilities, accommodations or vocational rehabilitation may be considered to facilitate the return-to-work process.

It's important to note that reaching MMI does not necessarily mean that the individual is fully recovered or that they will not require ongoing medical care. Some injuries may still require periodic medical evaluations or maintenance treatments, even after reaching MMI.

What is an occupational illness or disease?

An occupational illness is a health condition that arises as a result of exposure to specific workplace hazards or conditions. Unlike sudden injuries, occupational illnesses often develop over an extended period due to prolonged exposure to harmful substances, conditions, or activities in the workplace. These illnesses can affect various organ systems and may have long-term consequences for the affected individual.

Employers need to implement safety measures, provide protective equipment, and adhere to occupational health and safety regulations to minimize the risk of occupational illnesses. Workers who believe they have developed a health condition due to workplace exposures should seek medical attention and report their concerns to their employer.

What types of workers’ compensation claims do you handle?

Our Franklin workers' compensation attorneys assist individuals who have sustained injuries or developed illnesses in the workplace. Common types of workers' compensation claims include:

  • Work-related injuries
  • Occupational illnesses
  • Repetitive strain injuries (RSIs)
  • Construction accidents
  • Manufacturing accidents
  • Transportation accidents
  • Healthcare-related injuries
  • Injuries caused by defective equipment
  • Psychological injuries
  • Disability claims
  • Wrongful death claims

At Rocky McElhaney Law Firm, we work to ensure that you receive the benefits you are entitled to under workers' compensation laws.

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

Our Franklin workers’ compensation lawyers can be invaluable in helping you fight a denied workers' compensation claim by providing expertise and support throughout the appeals process. Here are some important ways we can assist you:

Understanding the denial

  • Reviewing the denial letter: We will analyze the reasons for the denial and identify any weaknesses in the insurance company's argument.
  • Explaining your legal rights: We will inform you of your rights and options under state workers' compensation laws, including deadlines for filing appeals.

Building a strong case

  • Gathering evidence: Our lawyers will help you gather additional evidence to support your claim, such as medical records, witness statements, and expert opinions.
  • Filing appeals paperwork: We will handle the complex paperwork and ensure all legal deadlines are met.

Representing you at hearings

  • Negotiating with the insurance company: Our lawyers can negotiate with the insurance company on your behalf and attempt to reach a settlement agreement.
  • Presenting your case at hearings: If negotiations fail, your Franklin workers’ compensation lawyer will represent you at any necessary hearings before a workers' compensation judge.
  • Appealing adverse decisions: We can also help you appeal an unfavorable decision to the next highest level of authority, if necessary.

Workers' compensation laws are often complex, and insurance companies have significant resources. Having a lawyer on your side helps to level the playing field and ensure that your rights are protected.

Hiring a lawyer can significantly improve your chances of successfully appealing a denied workers' compensation claim and obtaining the benefits you deserve. Remember, timing is crucial in these cases, so it's best to consult with a lawyer as soon as possible after receiving a denial notice.

What are common Franklin on-the-job injuries?

On-the-job injuries can occur in a wide variety of professions and environments, but some types are more common than others. Here are some of the most frequent workplace injuries you might encounter on the job:

  • Slips, trips, and falls. These account for a majority of workplace injuries, and can happen due to spills, uneven surfaces, poor lighting, or improper footwear. They can lead to sprains, strains, broken bones, and even head injuries.
  • Overexertion and muscle strain. Lifting heavy objects, repetitive motions, and awkward postures can cause muscle strain, tendonitis, and back pain. This is especially common in physically demanding jobs like construction or warehousing.
  • Struck by or caught in objects. Workers in many industries risk being struck by moving objects like falling tools, machinery, or vehicles. They can also get caught in equipment, leading to crushing injuries or amputations.
  • Contact with harmful substances. Exposure to chemicals, toxins, dust, or fumes can cause skin irritation, respiratory problems, and even long-term health issues like cancer. This is a concern in jobs like painting, cleaning, or working with hazardous materials.
  • Repetitive motion injuries (RMIs). Performing the same task over and over again can lead to carpal tunnel syndrome, tendonitis, and other painful conditions. This is common in jobs like typing, assembly line work, and data entry.
  • Motor vehicle accidents. Workers who drive as part of their jobs, like truck drivers or delivery personnel, are at increased risk of car accidents. These can cause a wide range of injuries, depending on the severity of the crash.
  • Workplace violence. While less common, workplace violence can occur in certain professions, such as healthcare, law enforcement, or social services. Assaults, robberies, and threats can lead to physical and emotional injuries.

Some injuries may heal quickly with minimal treatment, while others can require extensive medical care and even lead to permanent disability.

It's important to remember that this is not an exhaustive list, and the specific risks will vary depending on your occupation and work environment. Employers must implement safety measures and provide proper training to minimize the risk of on-the-job injuries.

If you experience any injury at work, it's important to report it immediately to your supervisor and seek medical attention if necessary. You may be eligible for workers' compensation benefits to cover your medical expenses and lost wages.

Talk to our skilled Franklin workers’ compensation attorneys today

Your well-being is non-negotiable, especially when it comes to injuries sustained on the job. If you've been hurt at work, don't let the complexities of the workers' compensation process add to your stress. Our dedicated team of Franklin workers' compensation attorneys at Rocky McElhaney Law Firm is here to be your advocates and fight for the benefits you deserve. To schedule a meeting with an experienced lawyer, call our offices or fill out our contact form today.