Phillip Miller & Associates

Te nnessee law specifically addresses the issue of hernias that occur while working. If you develop a hernia while working, it will be covered if you can prove that a specific injury caused a sudden onset of pain at the site of the hernia (in other words, you knew that something just happened) and that the hernia did not exist prior to the injury on the job. If the hernia occurred gradually (over time), it will not be compensable. However, if you have a recurring hernia or you aggravate a previous work-related hernia, it may be covered. As always, you must timely report the new injury to your employer. This is especially true with a hernia as it should have appeared so soon after the injury that it would not be possible to attribute it to any other cause.
If you have been injured on the job and have questions about whether you are entitled to workers' compensation benefits, contact Phillip Miller & Associates span> at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.

Labels: injured on the job on-the-job injury workers' compensation benefits

9/14/2009
Andréa Elaine Phelan
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Do I have a work comp claim if I am injured while going to or coming from work?

Maybe. If you are injured while on the employer's premises coming to or going from your actual place of work, the law says that you are acting in the course of your employment and may be covered. So, for example, if you are injured in the parking lot of your workplace while passing to or from your job, you may be covered.
In addition, if your employer furnishes your transportation as part of your employment and you are injured on the way to or from work, the injury may be covered. Therefore, you may be covered if you are injured during the following times:
(1) the time spent going and coming onto the premises;
(2) the short interval of time before working hours while waiting to begin or making preparations and a short interval of time after work;
(3) during regular unpaid rest periods (breaks) taken on the premises; and
(4) unpaid lunch hours on the employer's premises
Also, if you are injured while on a special errand or assignment for your employer, even off of the employer's premises, you may still be covered. Moreover, if you travel as part of your job description and are injured while on the employer's business (i.e. traveling salesperson), you may also be entitled to workers' compensation 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 the job on-the-job injury Tennessee workers' compensation workers' comp claim 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

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

3/16/2009
Mindy
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What You Need to Know About Tennessee Work Injuries

An on-the-job injury can result in extensive medical treatment and time away from work. If you have been injured on the job, whether it was on a construction site or in an office, you may be entitled to workers’ compensation benefits. Tennessee Workers’ Compensation law allows injured workers to collect benefits during their recovery.

In Tennessee, employers who have five or more full or part time workers are required to carry workers’ compensation coverage. Employers in construction and mining are all required to carry this type of insurance.

There are steps in applying for workers’ compensation benefits. The first thing you must do following a work-related accident or injury is to notify your employer. It is best to notify your employer in writing and it must be done within 30 days of the date of your injury or the date that a physician first informed you that your injury was work-related.

After being notified of your injury, your employer has to contact the insurance company within two working days. The insurance company then has 15 days to accept or deny your claim. You will receive a notification from the insurer regarding the decision and if you disagree with the outcome, you are entitled to a second opinion, but it is usually at your own expense.

If your workers’ comp claim is accepted, you should start receiving payments within 15 days. Payments equal 66 2/3 percent of your average weekly wages for the past 52 weeks.

Contact the Tennessee workers’ compensation lawyers at Phillip Miller & Associates if you have been injured on the job at (800) 337-HURT (4878) or (615) 356-2000. We will make sure that you are treated fairly by your employer and the insurance company.

The article, “What You Should Do Following a Work Injury in Tennessee,” has more information on this topic.

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

2/21/2009
Phillip Miller
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Stimulus Money for Worker Safety

As part of the stimulus bill, OSHA will receive a portion of $80 million for "worker safety initiatives". While I am not sure what that means exactly, or how it might be used, any initiative on worker safety will be worth the money. The costs of on the job injuries to families and communities is far greater than what it costs an individual employer or their insurance company. Too many employers treat their injured workers like damaged goods that should be discarded as soon and as inexpensively as possible. I don't know that that will change. I do know that programs that keep safety foremost in the minds of workers can make a difference. When someone comes to us after being injured on the job, we are gratified to have been chosen as their attorneys, but if we can get them back to work making money - that's what we take the most satisfaction from.

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

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

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
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Nashville, TN 37206
Phone: (615) 356-2000
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