Phillip Miller & Associates

Knee injuries that occur on the job may require surgery and rehab, but ultimately allow a worker to return to his/her former job. Not always, though. Restrictions on activity after a knee injury are common, and when a knee replacement is required, a change of employment may be the only option.

Labels: Tennessee workers' compensation work injury work-related injury workers compensation workers' comp workers' comp claim

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

11/18/2009
Phillip Miller
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16 Worker Deaths Each Day

16 workers die every day due to employer negilgence, but employers rarely receive any significant punishment for safety violations.

Labels: death Justice work-related injury workers compensation workers' comp claim workers' compensation law Wrongful death lawsuit TN

11/9/2009
Phillip Miller
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Insurors Deny Worker Benefits for Work Related Injury

A nursing assistant in Pasadena California was on the job when she was twice violently attacked by a patient, being bitten as well as struck in the head and neck. She developed fatigue and a headache that persisted and after 4 days went to the hosptial's workers' comp clinic. She was turned away. That evening she suffered a massive hemorrhagic stroke and now is in a permanent vegetative state. Now the two insurance companies involved are pointing fingers at each oher and neither will do anything to help. Blue Cross says the injury is work related so they are not responsible, and the worker's compensation insurance company says it was not a work related injury. This is why people who are injured on the job need attorneys. Dealing with insurance companies can be maddening, and as this case shows - outrageously unfair. Details about this story are available by clicking here. For more information about Tennessee Worker's Compensation, go here.

Labels: work injury workers compensation workers' comp claim workers' compensation benefits workers' compensation law

11/5/2009
Phillip Miller
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Back Surgery

We have had hundreds of clients who have had back surgery, some as the result of work injuries, some from collision cases. The Most of them experienced pain and thought that surgery would take away their pain and allow them to return to normal. The words used to describe the conditions and procedures involved - laminectomy, fusion, stabilization, spondylosis, stenosis, are not "user friendly" but ultimately back surgery is about protecting the spinal cord and nerves. Pain relief is not the most important goal for a back surgeon and the amount of pain after surgery can be disappointing. The best advice - lose weight, stretch, and exercise. This sounds good but for so many people it is impossible. Don't we all need to follow this advice whether we have back problems or not? Many times, our clients fail at these reasonable but impossible to achieve goals. The result? Back pain that limits their activities and lives in ways that are hard to appreciate unless you have heard their stories. Surgery is not always the answer for back pain, and the Mayo Clinic has some good information for anyone who is thinking about this surgery (click here). For other information about back surgery and specific procedures, click here.

Labels: Back surgery car accident injured on the job workers compensation workers' comp claim

10/24/2009
Phillip Miller
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Safety Violation Fines Ineffective

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

4/29/2009
Phillip Miller
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Too Many Workers Killed or Injured on the Job

According to the Labor Statistics Bureau data 5,657 workers were killed on the job in 2007 (the most current data available). An estimated 4 million were injured. This means that on an "average" day, 15 workers are killed on the job and more than 11,000 are injured.

The Las Vegas Sun has reported that a death on the job today costs the typical corporation only $3,675.

Most of us think that OSHA is there to enforce regulations that would reduce unnecessary injuries and deaths. Unfortunately during the last 8 years, the agency was systematically stripped of its enforcement apparatus. The Sun reports "Today federal OSHA has fewer inspectors than in 1980, with the ability on average to inspect every workplace only once every 137 years. OSHA’s stagnating budget means it has an average of $3.89 available to protect each worker in America." For more information, click here.

Labels: osha work injury workers compensation

General

11/30/2009
Phillip Miller
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Dirty Tricks by Insurance Companies

Insurance Companies will use video surveillance to harass people who have legitimate claims, this report by Good Morning America exposes how an insurance company used surveillance tapes to unfairly terminate benefits.

Labels: disability Insurance claims insurance companies video surveillance workers compensation

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
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