Quick Guide to TENNESSEE WORKERS COMPENSATION Benefits
NOTICE: An employee must give notice of a work injury within 30 days of the event. There are exceptions based upon facts and circumstances, but notice to the employer is required.
PAYMENT: An employee is not paid for the first 7 days of disability, but is eligible for benefits on the 8th day. If the employee continues to lose time from work through the 14th day, the first 7 days will be paid and additional benefits thereafter should be paid twice monthly.
AVERAGE WEEKLY WAGE: An employee's average weekly wage is the earnings of the injured employee in the employment in which he was working at the time of the injury during the 52 weeks immediately prior to the date of the injury. Days lost because of sickness or other fortuitous circumstances should be deducted and benefits paid by the employer should be added.
COMPENSATION RATE: In Tennessee, the compensation rate is 66 2/3% of the average weekly wage subject to the maximum and minimum compensation rates in effect on the date of injury.
Maximum Rates
- 7/1/02 - 6/30/03 - $599.00
- 7/1/03 - 6/30/04 - $618.00
- 7/1/04 - 6/30/05 - $638.00
- 7/1/05 - 6/30/06 - $663.00
- 7/1/06 - 6/30/07 - $682.00
- 7/1/07 - 6/30/08 - $713.00
Minimum Rates
- 7/1/02 - 6/30/03 - $89.85
- 7/1/03 - 6/30/04 - $92.70
- 7/1/04 - 6/30/05 - $95.70
- 7/1/05 - 6/30/06 - $99.45
- 7/1/06 - 6/30/07 - $102.30
- 7/1/07 - 6/30/08 - $106.95
TEMPORARY TOTAL DISABILITY: During a period of temporary total disability, the employee is entitled to be compensated at the rate of 66 2/3% of the average weekly wage, subject to the maximum and minimum rates noted above, except for injuries occurring between 7/1/04-6/30/05 where the TTD rate is $670, and thereafter the rate is 110% of the states average weekly wage or $729 for 7/1/05-6/30/06; $750 for 7/1/06-6/30/07; and $784 for 7/1/07-6/30/08.
TEMPORARY PARTIAL DISABILITY: The compensation rate for temporary partial disability is 66 2/3% of the difference between the wage of the worker at the time of the injury and the wage earned in the partially disabled condition, not to exceed 400 weeks. The same maximum rates apply to temporary partial benefits.
PERMANENT PARTIAL DISABILITY:
Scheduled Members - Disability is generally calculated based upon the employee's compensation and a percentage of impairment subject to the number of weeks established by a statutory schedule (see below). Scheduled members worth 200 weeks or more may be subject to a 1.5 times multiplier of the impairment rating as of 7/1/04 for those employees who return to work for the employer.
Fingers:
- Thumb - 60 weeks
- First - 35 weeks
- Second - 30 weeks
- Third - 20 weeks
- Fourth - 15 weeks
Toes:
- Great - 30 weeks
- All other toes - 10 weeks
Other
- Eye - 100 weeks
- Hand - 150 weeks
- Arm - 200 weeks
- Foot - 125 weeks
- Leg - 200 weeks
- Hearing in Both Ears - 150 weeks
- One Eye & One Foot - 300 weeks
- One Eye & One Hand - 325 weeks
- One Eye & One Leg - 350 weeks
- One Eye & One Arm - 350 weeks
- One Arm & One Hand - 400 weeks
- One Hand & One Foot - 400 weeks
- One Arm & One Leg - 400 weeks
- One Arm & One Foot - 400 weeks
- One Leg & One Hand - 400 weeks
- Both Arms or Hands - 400 weeks
- Both Legs or Feet - 400 weeks
- Body As A Whole - 400 weeks
- Mental Faculties - 400 weeks
* Future medical benefits may be closed after 3 years for injuries to the body or members worth 200 weeks or more as of 7/1/04.
MULTIPLIERS: For injuries arising on or after 7/1/04, in cases where an injured worker is entitled to permanent partial disability benefits for scheduled members valued at 200 weeks or more and/or for injuries to the body as a whole, where the pre-injury employer returns the employee to employment at a wage equal to or greater than the wage the employee was receiving at the time of the injury, generally, the maximum permanent partial disability award that the employee may receive is 1.5 times the medical impairment rating pursuant to the latest edition of the American Medical Association Guides to the Evaluation of Permanent Impairment.
Where the pre-injury employer does not return the employee to employment at a wage equal to or greater than the wage the employee was receiving at the time of the injury, generally, the maximum permanent partial disability award that the employee may receive is 6 times the medical impairment rating pursuant to the latest edition of the American Medical Association Guides to the Evaluation of Permanent Impairment. If a court awards a multiplier of 5 or more, then the court must make specific findings of fact detailing the reasons for its award.
RECONSIDERATION: Employees who where subject to the 1.5 times multiplier can generally seek reconsideration if they lose their pre-injury employment within a specific period of time through no fault of their own. The right to reconsideration cannot be waived or settled for injuries occurring on or after 7/1/04.
PERMANENT TOTAL DISABILITY: Awards of permanent total disability are payable to the age at which the employee is, by age, (generally age 65) eligible to receive full benefits in the Old Age Insurance Benefit Program under the Social Security Act and are not subject to the monetary cap imposed by the 400 week maximum total benefit. Medical benefits for permanent total injuries as of 7/1/04 can never be closed.
DEATH BENEFITS
A. When an injury results in the death of a covered employee, the widow or widower or dependent orphan is entitled to 50% of the deceased employee's average weekly wage, not to exceed the maximum per week.
- If the deceased employee leaves a widow/widower and one or more dependent children, 66 2/3% of the deceased employee's average weekly wages, not to exceed the maximum per week, is due.
- If a deceased employee leaves other relatives dependent on the employee for support, compensation may also be payable to those dependents.
B. If employee dies without dependents, the employer is required to pay a lump sum of $20,000 to the estate of such deceased employee.
FUNERAL BENEFITS: If a covered employee dies as a result of a compensable injury or occupational disease, the employer is required to pay burial expenses up to $7,500.
MEDICAL TREATMENT: When a covered employee suffers an injury by accident, arising out of and in the course of his employment, his employer is required to provide, free of charge to the injured employee, all medical and hospital care, which is reasonably necessary on account of the injury. A panel of 3 physicians, not associated in the same practice, is generally required, unless the injury involves the spine. In such cases, a chiropractor must be added in addition to the 3 other physicians. Chiropractic care is limited to a total of 12 visits. For orthopedic or neuroscience care, a panel of 5 may be offered in which no more than 4 practitioners are associated and thereafter, the employee has an automatic right to a second opinion from the panel. A medical fee schedule has been adopted. A Medical Impairment Registry has been created for injuries occurring on or after 7/1/05 for disputes as to permanent impairment. If this option is selected, the opinion of the MIR physician is presumed accurate.
SETTLEMENT: A Court must approve Settlement agreements or the Department of Labor and Workforce Development.
MILEAGE REIMBURSEMENT: When an injured worker is required to travel to a medical provider located outside a radius of 15 miles from such worker's residence or workplace, upon request, such employee shall be reimbursed for travel expenses. It is $0.46 per mile as of 1/15/07.
STATUTE OF LIMITATIONS: Generally, the right to Workers' Compensation benefits is barred unless within 1 year of the date of injury, or the date the employee knew or should have known of the existence of a permanent injury, benefits are paid or a claim for compensation is filed in a court of competent jurisdiction. As of 1/1/05, a request for assistance must be filed with the Department of Labor and Workforce Development and a benefit review conference conducted by the Workers' Compensation Division before a lawsuit can be filed. The filing of a lawsuit prior to a BRC may not toll the statute of limitations.
JURISDICTION: Either party may file for a determination of benefits where the employee resides or where the injury occurred, but there are exceptions for employees who reside out of state and a request for assistance must precede the lawsuit after 1/1/05. No cases can be filed in criminal court as of 7/1/04.
DISPUTED CLAIMS: The parties may settle disputed claims so long as the total amount paid does not exceed 50 times the minimum weekly benefit rate applicable at the time of the injury. The injured employee has no right to future medical benefits for this type of settlement.
ATTORNEYS FEES: Attorneys fees are calculated based upon 20% of the settlement or award and most fee agreement require that litigation expenses be reimbursed. Some of these costs, known as discretionary costs, are usually charged to the employer.
THIS INFORMATION IS INTENDED AS A BASIC REFERENCE AND CANNOT BE USED AS A SUBSTITUTE FOR LEGAL ADVICE. IT IS BASED UPON INFORMATION CONTAINED IN THE TENNESSEE WORKERS' COMPENSATION ACT, WHICH IS SUBJECT TO CHANGE WITHOUT NOTICE. IF YOU HAVE A LEGAL QUESTION, PLEASE CONTACT THE ELKIN FIRM, PLLC.
