The Short Answer:
Workers’ compensation claims in Tennessee have been declining for many consecutive years, reflecting safer workplaces and systemic changes in how claims are handled. Even though claim rates are dropping, workplace injuries still occur, and when they do, the process for reporting, filing, and pursuing benefits can be complicated. An attorney from The McMahan Law Firm can help you understand your rights and pursue the workers’ compensation benefits you may be entitled to if you’re hurt on the job.
Key Takeaways
- Tennessee has experienced multiple consecutive years of declining workers’ compensation claims, indicating a trend toward fewer workplace injuries and lower claim frequency.
- Changes in Tennessee’s workers’ compensation system, such as safer workplaces and settlements outside the judicial system, have played a role in the decline of formal claims.
- As claim frequency and costs decline, workers’ compensation insurance loss costs and premiums for Tennessee businesses have also seen reductions.
- Reporting your injury on time, completing required forms, and ensuring proper medical documentation are all essential for protecting your right to benefits.
- An attorney from The McMahan Law Firm can help you understand the workers’ compensation process, fight denials or delayed benefits, and work to pursue the compensation you may be entitled to after a workplace injury.
Why Are Workers’ Comp Claims Denied?
When you’re injured at work, your employer’s workers’ compensation coverage will usually take care of all your costs. There are instances, however, where your employer or their insurance company will refuse to pay what you’re owed and deny your claim. This can be seriously crippling, especially if your injury prevents you from working altogether. To know how to fight back and receive approval on your claim, you first need to know why they might deny your claim.
Deadlines Missed
The most common reason your claim is denied is due to missed deadlines. You need to report the incident to your employer right away. Usually, they’ll give you some forms to fill out and send to the insurance company and the state’s workers’ comp agency. If you fail to complete these forms on time, you likely won’t have a chance of getting your claim approved.
Disputed Injuries
Other claim denials are due to disputes about the incident itself. Your employer may try to argue that the injury isn’t work-related, meaning they’re not liable. There are a few ways they might try to make that argument. They may claim that you were engaged in misconduct at the time of the incident, or that your condition is not the direct result of your work. Whatever strategy they go with, you’re going to need evidence to make your case.
Clerical Errors
Before you try to prepare a long-winded rebuttal to your denial, make sure it’s not a clerical error first. It’s not uncommon for paperwork to get mixed up and lead to a denial when you should have been approved. Once you’re sure that’s not the case, however, you need to begin an appeal. It can be a long and tedious process, so make sure you’re prepared.
You Have the Right To Challenge a Denial
Some necessary preparation for appealing a denied claim should be completed before your initial claim is even fully processed. Immediately after the incident, you need to document everything you can. That includes making a note of the exact location and circumstances, the time, the extent of your injuries, and any witnesses who were present. You also need access to the medical records from your doctor’s visit to prove the extent of your injury.
All this evidence will be necessary when you stand before an administrative law judge to make your case. Standing before a judge can be intimidating, especially if you’ve never done it before, so it’s a good idea to have a workers’ compensation lawyer at your side. Keep in mind that this is just the first step.
Why Hire an Attorney?
The vast majority of legal processes are incredibly complex, and appealing your workers’ comp claim denial is no exception. If you don’t get the result you want from the administrative law judge, you may go through several more appeals in Tennessee before you get to a final decision. People often give up after their first denial, but that doesn’t have to be the case for you. With our team of experienced attorneys on your side, you can appeal as long as you want in an effort to get the coverage you deserve.
A lawyer can help you understand what to do if your workers’ comp claim is denied for any reason other than a paperwork issue. The initial hearing can be difficult enough alone, but a good lawyer can expertly present your case should you go to trial. In some instances, an insurance company will offer you a settlement to avoid going to trial. A lawyer can help you determine which option is likely to give you the best results—accepting the settlement or going to court.
The McMahan Law Firm Offers Free Consultations
Tennessee may have decreased premiums for workers’ comp, but that doesn’t mean unjust denial of benefits no longer happens. If you’re not getting the coverage you deserve, you need a workers’ compensation lawyer on your side, and The McMahan Law Firm is happy to help. With our extensive workers’ comp experience and our history of success, you can be confident that our team will be fighting tirelessly for you. Contact us today, and we’ll help you figure out how much your case is worth. It is absolutely free to get started.
