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Workers Compensation

Cases We Handle / Workers Compensation

Workers Compensation Lawyers Nashville

Nashville Workers' Compensation Lawyers

A lifelong commitment to protecting the injured workers of Tennessee

Rocky McElhaney knows firsthand how difficult an on-the-job injury can be for hard working Tennessee families.  He understands just how despicable and self-serving insurance companies can be when it comes to workers’ compensation benefits for work injuries.

On August 5, 1988, when Rocky was 15 years old, his Dad, Larry McElhaney, injured his low back working as a millwright.  The insurance company would not pay.  It took Larry three years to get the surgery he needed.  The family struggled and eventually lost their home and had to move.  Rocky saw the worry on his Dad’s face as he dealt with the pain and the turmoil of dealing with the tactics of the insurance company.  Larry hired a lawyer and things got better for the family.  They got justice.

It was at that moment that Rocky decided to become an attorney too – to fight for people the way that lawyer fought for his Dad, his family.  Rocky vowed to become a lawyer to help workers just like his father to overcome these struggles and receive maximum compensation for injuries that occur in the workplace. Today, the Rocky McElhaney Law Firm stands as a solid and committed protector of workers' rights. We have a knowledgeable and dedicated staff of Nashville workers compensation lawyers who are truly devoted to helping you get the benefits you are entitled to.

What you need to know about workers compensation

If you have been injured on the job in Tennessee, you are entitled to workers compensation benefits as long as your employer has five or more employees. Workers compensation claims cover all types of injuries, including:

  • Broken/fractured bones
  • Back problems/pain
  • Knee problems/injuries
  • Wrist injuries including carpal tunnel syndrome
  • Heart attacks
  • Mesothelioma
  • Severe burns
  • Shoulder pain
  • Neck pain
  • Chronic headaches
  • Lung disease
  • Work-related death

Tennessee employers are required by law to carry insurance for workers compensation claims. If your employer lacks this insurance, you can sue the employer personally. Workers compensation benefits include medical expenses, temporary total disability benefits, temporary partial disability benefits, permanent total or partial disability benefits, and death benefits. This covers all necessary and reasonable medical expenses for the duration of your injury.

How long do I have to inform my employer?

To claim workers compensation benefits, a worker must give notice of their injury to his or her employer in writing within 30 days of the injury.

Workers compensation for severe or fatal injuries

Having an attorney for any workers’ compensation claim is important.  However, having an experienced attorney who will fight for you is crucial when the injury is severe, or even worse, results in death.  When an injured worker is unable to work at all as a result of his or her injuries, these are commonly referred to as permanent total disability claims.  Permanent total disability claims require testimony from doctors and other experts regarding the injured worker’s abilities and access to the labor market considering those abilities.  As one might imagine, permanent total disability claims usually result in greater compensation to the injured worker.  The evidence required in these claims is often extensive and complicated.

Having an attorney fighting for you early in the claim is critical. It should be apparent that there are many pitfalls and issues that arise.  At Rocky McElhaney Law Firm, we receive calls often about individuals who have been put through the ringer, unnecessarily, by the insurance company because that person did not know his or her rights.  With severe injury cases, that can cause extreme pain and suffering if the treatment is not provided timely.  Unfortunately, pain and suffering are not recoverable in workers’ compensation cases.  The insurance company knows this.  Most injured workers do not.

Workers’ Compensation and Immediate Medical Needs

By Rocky McElhaney | May 4, 2020

If you have sustained any type of injury or illness in your workplace, whether it is minor or extremely urgent, it is important to move forward quickly to obtain a medical evaluation and treatment. This is important not only for your recovery and health, but also for securing the maximum amount of workers’ comp benefits…

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Will Getting Fired Cost Me My Workers’ Compensation Benefits?

By Rocky McElhaney | January 15, 2020

Filing a workers’ compensation claim for an injury or illness suffered on the job is within your rights as an employee. Most companies are required by law to provide their employees with this type of insurance, so injured workers don’t have to worry about finding ways to pay the bills while they recover. Sometimes, though,…

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My Work Comp Doctor Released Me…Now What?

By Steve Fifield | September 15, 2018

One of the many questions that I get asked frequently by workers’ compensation clients is “what happens when (or now that) I am released by the doctor?” What should my attorney do for me once I’m released at Maximum Medical Improvement? Here at Rocky McElhaney Law Firm, when you get released at Maximum Medical Improvement…

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Impairment Ratings in Workers’ Compensation Cases – Is Yours Correct?

By Steve Fifield | September 1, 2018

What is an impairment rating? In a Tennessee workers’ compensation claim, one of the most important variables that determines what an injured worker can receive in a monetary disability award is the permanent partial impairment rating assigned for the employee’s injury.  Making sure our clients receive the correct rating is one of the many ways…

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Will I Be Fired for Making a Workers’ Compensation Claim in Tennessee?

By Rocky McElhaney | July 6, 2018

If you’re injured at work in Tennessee, it is illegal for the employer to fire you if you make a claim. Now rest assured if you get put on restrictions and you’re not able to do the job after your injury, the employer can let you go. If it’s also a very small company and…

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What Does It Mean to be Permanently and Totally Disabled Under Workers’ Compensation?

By Rocky McElhaney | September 22, 2017

In Tennessee, there are two kinds of disability benefits under workers’ compensation. One is permanent partial disability, and the other is permanent and total disability. If you are permanently and totally disabled under workers’ compensation, that means you’ve been injured so bad that you can no longer return to any type of gainful employment.…

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Can I Get a Second Opinion in My Workers’ Compensation Case?

By Steve Fifield | February 11, 2014

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…

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Teach insurance companies a lesson they will not forget

If your employer's insurance company refuses to provide you with medical care, disability benefits or a suitable settlement, the Rocky McElhaney Law Firm will punish them for their insolence. We pressure the insurance companies to pay up, and if they refuse, we immediately take them to trial. Our team of trial attorneys has extensive experience trying workers compensation cases, and they show absolutely no mercy in the courtroom for the insurance companies. We use accountants, vocational and medical experts, and accident reconstructionists to show juries exactly how you were injured, how much these injuries are worth and why the insurance company is to blame.

Our firm has a tremendous record of successful settlements and jury verdicts, and we welcome the honor and opportunity to represent you if you have suffered an injury on the job.

Learn more from our Nashville workers' compensation attorneys

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Let Rocky protect you and your family

Call Rocky at 615-425-2500 or contact the firm online to schedule a free initial consultation. From our offices on world famous Music Row in Nashville, the Rocky McElhaney Law Firm represents clients throughout the state of Tennessee, including Knoxville, Hendersonville, Murfreesboro, Chattanooga and Kingsport.