Phillip Miller & Associates

Seattle - 10/22/09 - A King County Jury returned a verdict of over $12 million to cover the long term care costs of deputy sheriff who was injured while on duty at a fire station. The deputy stepped through an unmarked doorway for the station's firepole, falling 18 feet and breaking his pelvis, hips, legs, and ribs. As a deputy sheriff, the injured worker was not covered by workers compensation. The State Department of Labor's investigation of the event found a "serious safety violation" and fined the department $800.00. For more information about workers' compensation, click here and for details about the case involving this deputy sheriff, click here.

Labels: Department of Labor injured on job injured on the job Tennessee workers' compensation work injury workers compensation workers' comp workers' compensation benefits workers' compensation law

9/2/2009
Andréa Elaine Phelan
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Do you have to return to work if you have been hurt on the job?

If you have been hurt on the job, do you have an obligation to return to work? It depends. Benefits for temporary total disability (TTDs) are payable until you are able to return to work or, if you do not return to work, until you have reached maximum medical improvement (recovery). At that time, your benefits will terminate. Therefore, if your doctor (1) does not take you off from work, or (2) releases you to return to work, you must return to work if your employer has offered a job for you that does not violate your medical restrictions. If you choose not to return to work despite the fact that your employer has offered to work within your restrictions, the workers' compensation carrier has no obligation to pay any additional TTDs. So, what should you do? Make sure that you clearly communicate with your doctor about your symptoms and pain so that they can make an informed decision about when to release you to return to work and what restrictions you may need. If your doctor gives you restrictions that your employer cannot accommodate resulting in your inability to return to work or a decrease in the amount of money that you make when you return, then you may be entitled to further benefits.
If you have been injured on the job and have questions about whether you are entitled to workers' compensation benefits, contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Labels: injured on job return to work Tennessee workers' compensation workers' compensation benefits

6/1/2009
Andréa Elaine Phelan
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When is a subcontractor entitled to work comp benefits?

Everyone engaged in the construction industry (principal contractors, intermediate contractors, and subcontractors) is required to carry workers' compensation insurance on their employees! But, if you are a independent (sub)contractor, you may be left without coverage in the event of an injury.

If you are a subcontractor and are self-employed (not an employee of the general contractor), you may have no workers' compensation coverage (unless you have insured yourself). How do you know if you are an employee or subcontractor? Ask yourself the following questions as set out by the Tennessee Department of Labor and Workforce Development:

(a) Do you have the right to control the conduct of the work?

(b) Do you have the right of termination (can someone else fire you)?

(c) Do you control the method of payment (how and when you are paid)?

(d) Do you have the freedom to select and hire helpers?

(e) Do you furnish your own tools and equipment?

(f) Do you (or someone else) schedule your working hours?

(g) Do you have the freedom to offer services to others (can you chose who you work for)?

If the answer to these questions is yes, you are probably a independent contractor (not an employee) and you may not be covered by workers' compensation insurance. If the answer to many of these questions is no, you are probably an employee and are entitled to workers' compensation benefits.

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

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

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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