The possibility of serious injuries and illnesses still exists, regardless of whether you work a menial job that is not directly dangerous. Unfortunately, serious workplace accidents can result in catastrophic injuries that negatively affect a worker’s everyday life and functionality. If you suffer an accident while on the job, your injuries or illnesses may prevent you from working and earning a living. When this is the case, you are entitled to workers’ compensation. In Tennessee, most employers are required to carry this special type of insurance coverage for their employees as it provides cash benefits for medical care, wage replacement, and permanent disability in the case of a job-related injury. Oftentimes, employees wonder whether they can appeal a workers’ compensation award because sometimes a claim is denied or a worker does not agree with the determination of their benefit amount. Keep reading to learn whether you can appeal a workers’ compensation award in Tennessee and how a seasoned Memphis Work Injury Lawyer can help you file a formal appeal.
How do I appeal a workers’ compensation award in Tennessee?
In Tennessee, if you believe that you were wrongly denied workers’ compensation benefits or have not received sufficient funds, you are entitled to file a formal appeal to the Workers’ Compensation Appeals Board. However, to appeal a compensation order, a Notice of Appeal must be filed within 30 days of the date the award order was issued. If you are appealing a workers’ compensation award because you believe you do not agree with the determination of your benefits, you must file a Petition for Benefits Determination with the Tennessee Bureau of Workers’ Compensation. You are required to file a formal appeal within 1 year of your injury. After appealing, if you are not satisfied with the court’s determination, you can file another appeal for a rehearing with the Workers’ Compensation Board. However, it must be made within 30 days of the board’s final ruling. It is pertinent to note that you also have the option of bringing your case directly to the Tennessee Supreme Court. Nevertheless, if the board’s decision is unfavorable you can appeal their final ruling.
What should I do if I suffer a work-related injury?
In many cases, an individual is denied this type of compensation because they do not have enough evidence to prove their injuries were job-related and prevented them from working. Following a workplace injury, you should take the following steps to prevent denial:
- Notify your supervisor of your job-related injury.
- Seek immediate medical attention.
- Keep track of all pertinent medical records and bills.
- If possible, collect evidence at the scene of the accident that caused your injuries. This may include capturing pictures of any hazardous conditions.
- Gather contact information from any co-workers or witnesses that observed the incident that caused your injuries.
- Retain the legal services of a qualified Memphis work injury lawyer who can help you file a Notice of Appeal within the right time frame to ensure you have an opportunity to challenge the board’s determination regarding your compensation.
In the unfortunate event that you or a loved one has suffered a job-related injury, it is critical to acquire the right legal representation to ensure you take the necessary steps to appeal a workers’ compensation award. Our firm is committed to helping our clients seek reasonable compensation for their losses.
