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Tennessee Workers' Compensation 101: Laws, Rights, and Responsibilities

Learn about the Tennessee workers' compensation system, including major reforms, administrative court, benefits for employees, and obligations for employers. Understand how state workers' compensation laws intersect with federal laws such as FMLA and ADA.

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Tennessee Workers' Compensation 101: Laws, Rights, and Responsibilities

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  1. Workers’ compensation for dummies By: Leslie F. Bishop, Esq. WWW.LEWISTHOMASON.COM KNOXVILLE | MEMPHIS | NASHVILLE

  2. Court of Workers’ Compensation • Major reform July 1, 2014 • Administrative Court • 12 Judges • 8 area offices: Memphis, Jackson, Nashville, Murfreesboro, Cookeville, Chattanooga, Knoxville, Gray

  3. Court of Workers’ Compensation

  4. Why do we care? Because the Tennessee Workers’ Compensation System is helping to set the stage across the country.

  5. Why do we care? State workers’ compensation interplays with Federal Laws Workers’ Compensation FMLA ADA

  6. Tennessee Workers’ Comp 101: EMPLOYEES: • Injured at work have the right to lifetime medical and wage replacement benefits • Report an injury or accident they SUSPECT was caused by work either • Repetitive • Exposure

  7. Tennessee Workers’ Comp 101 EMPLOYERS: • Can control the claim • Cannot retaliate for a claim being reported

  8. PREPARE FOR INJURIES BEFORE THEY HAPPEN • The Initial Employment Interview: • “Work-place Safety is very important to us, tell me about your safety record?” – Set Expectations • Ensure they are physically able to do the job and understand the day to day responsibilities and requirements of the job

  9. PREPARE FOR INJURIES BEFORE THEY HAPPEN • Supervisor Training on Investigation, Handling and Prevention of Accidents • Quality Training of the Right and Safe Way • Safety Policies and Enforcement

  10. Tennessee Workers’ Comp 101 When an Accident Happens: • An Employer should immediately begin to protect their rights: • Provide Medical Attention • Report the injury to their Carrier • Provide a panel of physicians

  11. Tennessee Workers’ Comp 101 When an Accident Happens: • Investigate the claim • Contact with Employee within two working days to confirm • Interview witnesses separately/obtain witness statements • Take photos of scene

  12. INVESTIGATE Who? What? When? Why? Where? How?

  13. First Report of Injury Procedures: Treat every claim investigation as if it is the next BIG claim Supervisors need to complete the first report Employee contact information is important Write: “Employee states….”

  14. After an Accident Happens: • Follow up with Claims Adjuster • Provide Modified Duty as a progressive return to work • Medical Care Management • Retraining

  15. After an Accident Happens: • Time is of the essence and a sense of urgency is important! Employers can be assessed a 25% penalty if wage replacement benefits are not provided in a timely manner A penalty of up to $5,000 can be assessed against an employer if a valid panel is not provided timely

  16. Questions or Comments? Lewis, Thomason, King, Krieg & Waldrop, P.C. One Centre Square, 5th Floor Post Office Box 2425 Knoxville, TN 37901 Phone: (865) 546-4646 Fax: (865) 523-6529 *The contents of this presentation are for informational purposes and should not be considered legal advice. The presentation does not establish an attorney-client relationship.

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