Lexis Nexis
Gary W. Starnes Attorney at Law
736 Georgia Avenue
Suite 404 Dome Bldg.
Chattanooga, TN 37402
Phone (800)281-2403
Fax (423) 266-7193
Email: gstarnes@volstate.net
Workers Compensation Attorney
Chattanooga, Tennessee
Workers Comp for your Job Related Injury
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Worker’s Compensation Laws were established to ensure that any worker injured in the course of performing work for their employer would be compensated for their injuries and lost wages. There are, however, some specific responsibilities that you, as an injured employee have to preserve your rights to these benefits. Normally employees are informed of these responsibilities shortly after being hired, during an orientation or at least being given the information in writing, often as part of a “new-hire” employment packet.
Preserving Your Workers’ Compensation Benefit Rights
The most critical step you can take to preserve your Workers’ Compensation Benefit Rights in the states of Tennessee or Georgia is to personally report your accident and injuries, in writing, to your employer, and within 30 days of occurrence. Many businesses, especially larger ones, have an incident or accident reporting system including a standard form of their own design. Failing to submit this report to your employer within 30 days can cost you all of your rights to reimbursement as well as diminish the credibility of your claim.
Your written report must inform the employer of the date, time, place and details of the accident that caused your injuries. It should be submitted according to your employer’s policy and procedure, including using their forms if that is policy. There are exceptions to this, such as evidence that your employer had actual knowledge of your injury, but unless you can prove this, your employer may deny such knowledge. Don’t rely on anyone else to protect your interests.
For your medical expenses to be covered you must choose a physician from a selection of three or four physicians, unaffiliated with each other, which your employer is required to provide you. You don’t get to choose your physician, and cannot use your personal physician. You may need the advice of an experienced workers comp lawyer to help you choose which physician is the best one for you.
Employer Obligations
Your employer must fulfill other obligations, as well, but some do not follow through with their responsibilities. One obligation is the Employer’s First Report of Injury, a report the employer must file with either the state.
You would especially benefit from counsel if your employer refuses to provide a panel of physicians for you to choose from, or if your employer refuses to file the Employer’s First Report of Injury.
Your employer’s insurance adjuster may approach you claiming to be working on your behalf as your advocate. The adjuster’s primary responsibility is to your employer and to the insurance company, not to you. The adjuster will want to arrange the smallest settlement possible. An experienced Workers’ Compensation lawyer can help you understand your rights, and how to secure the benefits and settlement that you are entitled to.
There are other aspects of Workers’ Compensation law and claim filing that may affect your benefits. If you have been injured on the job and need an experienced Workers’ Compensation attorney please contact Workers Comp Lawyer, Gary Starnes, Attorney at Law, in Chattanooga, Tennessee. Mr. Starnes is also licensed as a Georgia Workers’ Compensation Lawyer. Or Call 1-800-281-2403 and schedule an appointment.