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Worker's Compensation
We act in behalf of people who have suffered severe injury due
to accidents on the job.
Here are a few pointers:
Q.
How long do I have after my
injury to file a legal claim?
A. Immediately notify your employer
of your injuries and that you were injured on the job.
IMPORTANT: The statute of limitations in Tennessee is one year.
You may be barred from filing a claim if you wait more than a
year to file. There are important exceptions to this rule, which
may expand your time, so consult with an attorney promptly.
Q.
What are your fees?
A. Consultations are free. Our
contingency fee is 20%. A client also pays any costs associated
with the case.
Q:
I don’t have a regular job site. Am I covered under the Worker’s
Compensation Laws when I am driving a car?
A: Traveling employees like
salesmen or home care nurses are generally considered to be in
the course and scope of employment during their entire trip
except when there is a distance departure from work on a
personal errand. As an example, an injury is not covered when
the employee significantly deviates from the assigned route.
Q:
Will my injuries be covered by Worker’s Compensation if I am
going to or from work?
A: Generally, an injury is not
covered if it occurs while you are going to or coming from work.
It is covered if you are on the premises of the employer
when you are injured, for example in the company's parking lot
or crossing the street to it. There are exceptions.
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Q:
What are the exceptions?
A:
Here are three:
(1) Injuries received while going to
and from work if the travel is incidental to or part of the
employee’s employment. The journey itself must be a substantial
part of the services for which the employee was employed and
compensated. Or the travel must subject the employee to risks
and hazards incidental or peculiar to the employment.
(2) The company furnishes the
employee a vehicle and he or she is going to and from work.
(3) The employee is performing a
special errand at the request of the employer.
Q: What
if I am injured when my reason to travel is both personal AND
business?
A: For such
“dual purpose” travel the rule is complicated. The key question
is whether work or personal business was the reason for the
traveling. The injury will likely be covered if the traveling
would have still been done IF the personal reason for the trip
were not there.
Q:
What if I am going home but doing business on my cell phone?
A: The general
rule still applies. That is, injuries sustained going to and
from work are not covered.
Q: What if
I am injured by an assault or during a robbery?
A: If you are
required to travel and the travel is for the benefit of your
employer then generally the employer is responsible for “risks
of the street” such as assaults and robberies. For
example, one court awarded benefits when injuries were suffered
after an assault on a television repairman while he was getting
the next day's route sheet from his van at home.
With your case, you can expect from us:
- Thorough
investigation and research
- Regular
meetings with your lawyer
- Prompt and
vigorous settlement negotiations
- A trial when
agreement cannot be reached
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