Phillip Miller & Associates

Tennessee fork lift operators can experience back injuries and Tennessee workers' compensation claims due to the whole body vibration that occurs during fork lift operation.

Labels: back injury Back surgery work injury work-related injury workers' comp workers' comp claim workers' compensation workers' compensation benefits workers' compensation law

12/28/2009
Andréa Elaine Phelan
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Lost your job in Tennessee after having a workers' comp case?

Tennessee workers' compensation entitles you to a reconsideration of your settlement if you lose your job.

Labels: Tennessee workers' compensation workers' comp claim workers' compensation workers' compensation benefits

12/22/2009
Andréa Elaine Phelan
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Injured During Lunch Hour or on Break?

There are a lot of strong opinions about whether someone should be entitled to receive benefits if they are injured while on their lunch break. A Maryland Court will be deciding that very issue. In a recent case, a woman was injured while trying to retrieve a shampoo bottle from her car during her lunch break. The Maryland Workers' Compensation Commission found that her injuries arose "out of and in the course of employment" and awarded workers' compensation benefits. The County wants the money returned.

How would that case be decided in Tennessee? In Tennessee, a worker on the employer's premises coming to/going from the work place is acting in the course of employment. If the employer provides a parking area for its employees, that area is part of the employer's premises. However, as a general rule, an injury that occurs while an employee is en route to/from work is not compensable.

If an employee is injured on the employer's premises during a break provided by the employer, the injury is generally compensable. Moreover, even if the employee was injured at a place away from the employer's premises, if the location was selected for the convenience of the employer and if the activities were furthering/facilitating his employer's business, the employee should be entitled to workers' compensation benefits.

During this time of year, when company parties and luncheons to celebrate the holiday season are the norm, have fun yet be careful as you celebrate with your co-workers!

Labels: Tennessee workers' compensation workers compensation workers' compensation workers' compensation benefits

12/7/2009
Andréa Elaine Phelan
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Prior Work Comp Settlement...Do you have a right to reconsideration?

GM employees who lose their jobs (and others) have the right to have a prior workers' compensation settlement re-opened.

Labels: right to reconsideration workers' comp claim workers' compensation

11/6/2009
Andréa Elaine Phelan
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Construction Site Accidents

An important change will effect Tennessee Workers' Compensation law on December 31, 2009. Under the new law, Public Chapter 1041 (2008), everyone in the construction industry must carry workers’ compensation coverage. This means that construction company owners (both large companies and small businesses) will be required to carry workers compensation on all subcontractors, workers, and employees who work for them. In addition, thy will be required to carry this insurance on themselves. The only exception to this rule will be for sole proprietors or partners (with no subcontractors, workers, or employees) who are being paid directly by a residential property owner (i.e individual, custom build job). This is a change from the old law that required contractors to carry work comp insurance only if they had one (1) or more employees. Gone are the days when contractors could allow subcontractors to waive their right to work comp benefits by filling out a form.

If you have been injured while working a construction job, contact us. We will help you to determine what benefits that you are entitled to.

Labels: construction Tennessee workers' compensation work injury workers' compensation

11/5/2009
Andréa Elaine Phelan
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Montana Supreme Court Ruling Affects Work Comp Benefits-What About Tennessee?

Yesterday, the Montana Supreme Court upheld the a state law that allows insurance companies to cut off workers' compensation payments for those suffering permanent total disability when the disabled party is eligible for Social Security retirement benefits. In Court's ruling, the Justices reasoned that workers' compensation benefits for permanently and totally disabled workers are meant to assist them for their "work life," and not into retirement.

Tennessee is similar. If you are injured on the job in Tennessee and have a permanent, total disability, you are entitled to receive benefits until your sixty-fifth (65) birthday. However, If you first become totally and permanently disabled after age 60, benefits are payable for a period of 260 weeks, regardless of age.

It is important to note that, with certain exceptions, workers' compensation benefits are reduced by the amount of Social Security (old age benefits) attributable to your employer.

Your future social security benefits can be affected by your workers' compensation benefits. This can mean a complex settlement that, if structured poorly, can affect whether (and how much) you receive from Social Security.

If you have been injured on the job and have questions about whether you workers' compensation benefits will affect your social security, call us.

Labels: injured on the job Tennessee workers' compensation workers' compensation workers' compensation benefits

11/4/2009
Phillip Miller
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OSHA Violations

The head of OSHA's enforcement division has reported that among its top 10 most frequent violations are

Scaffolding - with over 9,000 violations per year
Fall Protection - with over 6700 violations per year
Hazard Communication - with over 6300 violations\
Electrical - with over 5500 violations
Machine guarding - with over 2300 violations.

These numbers vastly understate the problem. They mostly reflect when someone was needlessly injured on the job due to OSHA violations - and there was an investigation due to the severity of the injury. For most of these kinds of violations of safety rules, any work injury that results can be potentially disabling. In Tennessee, OSHA violations are investigated and enforced by the State, but there are far too few inspectors to eliminate the unnecessary risks associated with scaffolding, falls, electrical wiring, and machine guarding.

Labels: construction injury injured on the job injured workers osha Tennessee workers' compensation workers' comp claim workers' compensation

9/21/2009
Andréa Elaine Phelan
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Do I need a lawyer to handle my work comp case?

questions

Workers' compensation cases can be tricky. Even though you think that you are receiving all of the benefits that you are entitled to, you may not be. Moreover, if your case is not settled in a way that provides for your permanent impairment and secures your future right to benefits, you can save money now but lose in the long-run. Hiring an experienced attorney is crucial if: (1) your employer denies that you were injured on the job; (2) the workers' compensation carrier has denied benefits; (3) you cannot get medical treatment; (4) you are not getting paid; (5) the adjustor promises benefits or medical treatment which you never receive; (6) an attorney for your employer or insurance company contacts you and wants to take a statement or deposition; or (7) after starting to handle your own case, you begin dealing with an adjuster or employer who is difficult and is trying to take advantage of your lack of legal expertise.

If you have been injured on the job and have questions about what workers' compensation benefits you are entitled to, contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Labels: injured on the job Tennessee workers' compensation workers' compensation workers' compensation benefits

5/7/2009
Andréa Elaine Phelan
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Truck Driving Can Take a Toll on the Body

Driving as a professional truck driver can take a toll on the body. A number of factors can lead to serious health issues or injuries. When a driver has an irregular schedule, he or she may suffer from chronic stress, fatigue and poor diet. When a driver sits for long periods of time, he or she can develop back strain. Repetitive bending and lifting heavy objects can result in back injuries. Driving for a long period of time may produce low back pain, especially in a vibrating truck with poor shock absorbers in the seat. Some steps that that a driver can take to help minimize these risks are:

1. Use some type of lumbar support to restore the natural inward curve of the back.

2. Make sure that the driver's seat has a good seat shock absorber (a dampener). This may help eliminate some of the vibration that causes wear and tear on the spine.

3. Get out and exercise! Strong back muscles create natural lumbar support, and are more able to deal with prolonged sitting. Ask your doctor which exercises are best for you.

If you have been hurt in an accident while driving or have developed a back injury due to prolonged driving, you may be entitled to workers' compensation benefits.

Phillip Miller & Associates can help you receive the workers’ compensation benefits that you may be entitled to and will ensure that you are treated fairly. Contact us at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Labels: workers' compensation

4/3/2009
Andréa Elaine Phelan
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You must timely report a work-related injury!

If you are injured while working in Tennessee, you have a legal obligation to report the occurrence. A failure to timely notify your employer could result in a delay or complete denial of workers' compensation benefits. According to the Tennessee Department of Labor and Workforce Development, an injured employee should immediately report an injury in writing to their employer. If circumstances of an injury prevent immediate reporting, an employee must report the injury no later than (30) days after the injury.

For gradually occurring injuries (i.e. carpal tunnel), the injury must be reported within (30) days of when the employee either (1) knows or reasonably should know that he or he/she has suffered a work-related injury, or (2) is rendered unable to continue to perform his or her normal work activities as a result of a work-related injury and the employee knows or reasonably should know that the injury was caused by work-related activities.

If an employee contracts a disease that is work related, he/she must give notice to the employer within 30 days of the date on which the the disease becomes known to the employee or could have been discovered by the employee in the exercise of reasonable care and diligence.

If you have questions about your claim, the article entitled Tennessee Workers’ Compensation Benefits will help you understand your rights. If you have been injured and are considering filing a workers’ comp claim, contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Labels: carpal tunnel injured on the job on-the-job injury Tennessee workers' compensation workers' comp claim workers' compensation workers' compensation benefits workers' compensation law

4/1/2009
Phillip Miller
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"Independent" Medical Exams Can be Bogus

One of the nightmares of having a workers' compensation claim is the potential for an "independent" medical exam to ruin your case. Insurance companies find doctors who tell them that someone is not injured, or not injured badly, and then they use them over and over. Before going to have in independent medical exam, it makes sense to talk to an attorney who knows and understands workers' compensation, as well as the doctor who may be examining you. There are a lot of potential pitfalls. For examples of how badly this can affect people with workers' compensation claims, check this article from the NY Times.

Labels: independent medical exam workers' comp claim workers' compensation

2/18/2009
Andréa Elaine Phelan
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Child Support Can be Taken from Work Comp Payments

If you are receiving workers' compensation permanent partial disability benefits (otherwise known as "TTDs") while you are off from work, this money is considered income. Therefore, if you have a child support obligation, you are obligated to pay child support out of your workers' compensation benefits. In Tennessee, the statute precluding assignment of workers' compensation benefits and exempting those benefits from the claims of creditors do not prohibit consideration of workers' compensation benefits as income for purposes of determining a child support obligation. Tennessee law clearly holds that workers' compensation payments are considered income for calculation of child support obligations.

Moreover, if you receive a lump sum payment for your permanent partial/total disability, a Tennessee Court may assign part of your lump sum workers' compensation settlement to satisfy any outstanding judgment(s) for arrearages in child support payments.

If you have a child support obligation and are receiving workers' compensation benefits, talk to your attorney. It may be advisable to ask the Court to reduce your monthly child support obligation due to your change in income or earning capacity.

If you have been injured while working in Tennessee, you may be entitled to workers’ compensation benefits. If you have questions, the article entitled Tennessee Workers’ Compensation Benefits will help you understand your rights. A Tennessee workers’ compensation attorney can help you receive the workers’ comp benefits for which you are entitled and will ensure that you are treated fairly. If you have been injured and are considering filing a workers’ comp claim, contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Labels: child support on-the-job injury Tennessee workers' compensation workers' comp workers' comp claim workers' compensation workers' compensation benefits

1/14/2009
Mindy
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Injured on the Job in Tennessee?

If you have been injured on the job in Tennessee, you may be entitled to workers’ compensation benefits. These benefits are designed to provide you with weekly income, as well as medical benefits. The article, Tennessee Workers’ Compensation Benefits, discusses in depth the benefits available to injured workers.

Workers’ comp benefits are paid through your employer’s insurance company and usually begin about fifteen days after the date of your injury. After a work-related accident, you will need to see a treating physician who will be the one to decide if you need to take time away from work to recover from your injuries. Your employer is required by law to provide you with a panel of three different physicians to choose from. Once you select your physician, he or she will become your “authorized treating physician” and will oversee your medical treatment. The authorized treating physician will be able to provide you with a doctor’s statement for time away from work.

Weekly benefits are paid at least semi-monthly and are calculated as a percentage of your gross income. Workers’ comp benefits are equal to 66 2/3 percent of your average weekly salary. Your employer will be required to submit a wage statement that reflects your gross earnings for the last 52 weeks. This amount is divided by 52 and then multiplied by .6667. The total is your weekly workers’ compensation rate. For example, if you made $40,000 the previous year, your weekly workers’ compensation rate would be $512.85 (40,000/52 x .6667).

The process to apply for workers’ compensation benefits in Tennessee can be complex, especially if you are dealing with an uncooperative insurance company and employer. A Tennessee workers’ compensation attorney can help you receive the workers’ comp benefits in which you are entitled and will ensure that you are treated fairly. If you have been injured while working in Tennessee and are considering applying for workers’ comp, contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Labels: injured on job workers' comp workers' compensation workers' compensation benefits

Phillip Miller's Tennessee Auto Accident Blog

Nashville Auto Accident Lawyer Reports On a Fatal Tipton County Roadway Departure Crash

Date: 09/04/2010

Nashville Auto Accident Attorney Talks About That Time When Seniors Need To Hang Up Their Car Keys

Date: 09/03/2010

Nashville Automobile Accident Lawyer Talks About The Red Light Running Problem

Date: 09/03/2010

Nashville Motorcycle Lawyer Reports On A Fatal Tennessee Motorcycle Roadway Departure Crash

Date: 09/02/2010

Nashville Auto Accident Lawyer Reports On A Fatal Car/Motorcycle Collision on I-40

Date: 09/02/2010

Nashville Tractor-Trailer Accident Lawyer Reports On I-75 A Dangerous Interstate Highway

Date: 09/01/2010

Tennessee Seizure Victim Crashes Into A Beauty Salon Injuring Ten People

Date: 09/01/2010

Nashville Motorcycle Accident Lawyer Reports On A Fatal Motorcycle School Bus Collision

Date: 08/31/2010

Nashville Automobile Accident Lawyer Discusses The Parent’s Duty To Supervise Children

Date: 08/31/2010

Nashville Motorcycle Accident Attorney Reminds Riders To Honor The Centerline

Date: 08/30/2010

Phillip Miller's Personal Injury Blog

Maury County Fatality – No Seat Belt

Date: 08/19/2010

Hendersonville Teen Fatalities

Date: 08/18/2010

Mt. Juliet Teen Fatality – No Seat Belt

Date: 08/13/2010

Anderson County Tanker Accident

Date: 08/13/2010

Murfreesboro Car Wreck Fatality – Chevy Blazer

Date: 08/11/2010

Who is the owner of DUI driver’s car?

Date: 07/27/2010

Black SUV hit and run on Nashville I-40 near demonbreun – Is there insurance?

Date: 06/14/2010

Tennessee car accident attorney reviews statement/excuse of drugged driver and says “Are you kidding me?”

Date: 06/07/2010

Tennessee Car Accidents more dangerous due to seat belt use.

Date: 06/03/2010

Truck Accident Lawyers Have to Do things Differently

Date: 05/11/2010

Free Consumer Reports

Saving Money on Your Car Insurance

Victims of DUI Drivers - What you should know before you settle

Secrets Behind Personal Injury Claims in Tennessee

Auto/Motorcycle Insurance in Tennessee

Phillip Miller & Associates
631 Woodland Street
Nashville, TN 37206
Phone: (615) 356-2000
Fax: (615) 242-1739
Toll Free: (800) 337-HURT

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