How much workers comp pays depends on several factors, but in Tennessee, the compensation rate is typically 66 2/3% (two-thirds) of your average weekly wage. The exact amount you may receive can vary based on the nature of your accident, the severity of your injuries, and whether your condition is classified as temporary or permanent. Your ability to return to work and the estimated cost of future medical care also play a significant role in shaping your settlement.
The length of your recovery directly impacts your total benefits—the longer the recovery, the higher the potential payout for lost wages. Strong legal representation may further affect your compensation by helping ensure that all relevant factors are considered. While the calculation starts with a standard formula, individual circumstances often determine the final amount, providing the financial support you may deserve during your recovery. A workers’ comp lawyer can help answer any questions you may have about the benefits you may be legally entitled to.
Current Workers’ Compensation Rates
Tennessee workers’ compensation rates are updated periodically. For the period of July 1, 2024, to June 30, 2025, weekly benefits are calculated at 66.67% (or two-thirds) of the worker’s average weekly wage. For that same time period:
- The minimum rate is $185.55
- The maximum rate is $1,360.70 for temporary benefits (110% of the state average weekly wage of $1,237) and $1,237 for permanent benefits (100% of the average weekly wage)
- Compensation for “body-as-a-whole” injuries is capped at 450 weeks or $556,650
- Medical benefits remain unlimited, while burial expenses are capped at $10,000
- There is no statute of limitations for workers’ compensation claims in Tennessee
Most Costly Work Accidents
According to the National Safety Council, certain workplace accidents result in higher costs for workers’ compensation claims. These types of accidents can cause severe injuries, leading to extended recovery periods and higher medical expenses. The most costly workers’ comp accidents include:
- Work-related motor vehicle accidents: These often result in serious injuries due to collisions or rollovers.
- Burns: Burns can be caused by exposure to heat, chemicals, or electrical hazards, often requiring extensive treatment.
- Slips and falls: These can lead to injuries like fractures or head trauma, especially in hazardous environments.
- Getting caught in machinery: Examples include workers becoming trapped in equipment, causing significant physical trauma.
These accidents accounted for injuries that totaled above the average workers’ compensation claim costs between 2021 and 2022.
Most Costly Work Injuries
The most costly work injuries are those that involve significant physical trauma and often lead to extended medical care or rehabilitation. These injuries include:
- Amputations: Among the highest-cost injuries due to the severity and long-term implications for treatment and recovery.
- Burns: Particularly severe burns that require specialized care and extended healing times.
- Fractures, crush injuries, and dislocations: These injuries often result from heavy machinery or falls and frequently involve surgeries and extended recovery.
These types of injuries significantly impact workers’ compensation claims due to their high medical costs and the extended time off work required for recovery. These injuries are identified in the same National Safety Council report as those resulting in significantly higher-than-average workers’ compensation claim costs.
Most Costly Part of the Body To Injure at Work
Certain body parts are more expensive to treat when injured, leading to higher workers’ compensation claims. The report found that the most costly areas of the body to injure at work include:
- Head and central nervous system (CNS): Injuries to these areas often result in significant medical treatment and long-term recovery.
- Multiple body parts injured in the same accident: This can compound costs due to the complexity of treating multiple injuries simultaneously.
- Neck: Neck injuries can require extensive therapy or even surgery.
- Hip, thigh, and pelvis: These injuries can limit mobility and often demand prolonged recovery periods.
- Legs: Common in falls or machinery-related accidents, leg injuries often involve fractures or ligament damage.
- Arms and shoulders: These injuries can be costly due to lost functionality and rehabilitation needs.
Suffering a Disability May Lead to Higher Compensation
When a workplace injury results in a temporary or permanent disability, it may lead to higher workers’ compensation benefits. Disabilities typically require extended medical treatment and may affect your ability to return to work. Temporary disabilities, such as a broken limb, can lead to wage replacement during recovery.
Permanent disabilities often result in larger settlements. The settlement amount considers the severity of the disability, the body part affected, and how it impacts your earning potential. For example, injuries classified as “body-as-a-whole” carry higher compensation caps than other injuries.
If your disability prevents you from returning to your previous job or finding new work, vocational rehabilitation benefits may also be available. Every case is unique, and understanding your potential compensation requires a thorough assessment of your situation.
FAQs About Workers’ Comp Benefits in TN
Does Workers’ Comp Pay for Pain and Suffering?
No, workers’ compensation does not cover pain and suffering. These benefits are limited to wage replacement, medical expenses, and disability-related compensation. However, if your employer was highly negligent or a third party contributed to your injury, you may be able to file a lawsuit to seek additional damages for pain and suffering.
Does Surgery Increase Workers’ Comp Settlement?
It may, depending on the circumstances of your injury and treatment. Surgeries can significantly increase medical costs, which may raise the overall value of your claim. If the surgery prolongs your recovery time, you may qualify for additional wage replacement benefits.
Factors that could cause surgery to increase a settlement include:
- The type and complexity of the surgery
- The expected recovery time and whether it impacts your ability to work
- The need for follow-up treatments or additional procedures
- Any long-term effects of the surgery on your physical health and earning capacity
While surgery can add to the total cost of your claim, the exact impact will depend on your individual case.
Why Hire an Attorney for a Work Injury?
The workers’ compensation process can be overwhelming, especially when dealing with serious injuries, illnesses, or disabilities. If you’re struggling to understand your benefits or feel you aren’t being paid what you may deserve, you may need to get a work injury lawyer to help ensure your claim accounts for all relevant factors, from lost wages to future medical needs.
The McMahan Law Firm is here to help injured workers in Tennessee secure the compensation they may deserve. Our team will review your case, explain your options, and handle negotiations so you can focus on your recovery. Don’t let confusion or underpayment hold you back—contact us today for a free consultation and let us advocate for you.
