Tennessee Workers' Compensation: Fast Facts
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Coverage Requirements Under Tennessee State Law
Most Tennessee businesses with at least 5 part-time or full-time employees must provide workers' compensation insurance. However, construction or mining industry employers with even one employee must provide this type of coverage. Scroll down for a list of workers automatically exempt from this insurance coverage requirement.
Work-Related Injury or Illness Reporting Requirements
Report your on-the-job injury or illness to your manager immediately, preferably in writing, and before you seek non-emergency medical care. Be sure to write down the time, location, and nature of your accident, including what caused your injury/illness. Within 72 hours, your employer must give you a list of 3 insurance-authorized doctors who can provide ongoing medical care.
Where to Seek Medical Care
If you need urgent medical attention, go to the nearest emergency room. Your employer's responsible for providing all medical care that isn't a life-threatening emergency. That means you should report it first to your employer, then choose a doctor from a list of authorized providers. Your employer should provide a panel of 3 physicians the insurer already approved to treat your work-related injury or illness. If you see an unauthorized provider and it's not a medical emergency, you'll have to pay those doctor's bills yourself.
Waiting Period for Lost-Wage Benefits in Tennessee
Your first 7 days off are always unpaid unless you cannot work at all for at least 2 weeks total. Once you need at least 15 days off to recover, then workers' comp pays for your first missed work week. If you don't need at least 7 days off to recover, then workman's comp only pays for your medical bills.
Tennessee Workers' Compensation Statute of Limitations
You have one year from your work injury or illness diagnosis date to apply for Tennessee workers' compensation benefits.
Tennessee Weekly Compensation Rate
You can receive 66 2/3% of your gross average weekly wage (AWW), subject to the state's maximum and minimum benefit amounts.
How Long You Can Receive Tennessee Workers' Comp Benefits
- Medical benefits: for as long as the authorized treating physician (ATP) relates treatment to your work-related injury or illness
- Death benefits:up to $10,000 for funeral and burial expenses, plus up to 2/3 of the deceased worker's AWW until the surviving spouse remarries (max of $20,000 if no dependents) or all dependents turn 18
- Temporary Total Disability (TTD):until you return to work, or reach maximum medical improvement
- Permanent Partial Disability (PPD):upon maximum medical improvement, you'll receive additional compensation based on the affected body part and your ability to work, if any
- Temporary Partial Disability (TPD):2/3 of the difference between your pre-injury and post-injury earnings for no more than 450 weeks
- Permanent Total Disability (PTD): TTD benefits until injured employee turns 67 years old
Tennessee Workers' Comp Coverage Exemptions
The following employees are automatically exempt from Tennessee workers' compensation coverage requirements:
- Domestic workers
- Farm laborers
- Federal employees
- Independent contractors
- Municipal or state government employees
Tennessee Workers' Compensation Attorney Fees
All Tennessee workman's comp attorneys work on contingency. This means you only pay legal fees after you win your case. If you don't win, then you owe your attorney $0. Tennessee workers' compensation lawyers cannot charge more than 20% of your award in legal fees.