Workers' Compensation is the oldest form (if social insurance in the United States. Tennessee enacted its first workers' compensation laws in 1919, and today every state provides workers' compensation to covered employees who are injured during the course of employment.

Our goal is to administer a fair, equitable, and easy-to-use program that encourages prevention and workplace safety. We want to promote a bet- ter understanding of the program's benefits by informing employees and employers of their rights and responsibilities. In this brochure, we're outlining some of the basic facts about the Tennessee's Workers' Compensation System.

Who is covered?

• Every employer with five or more full or part-time employees.
• Employers engaged in the mining and pro- duction of coal and all contractors in the construction industry must have coverage if they have one or more employees.
• Certain employers, such as farm labor, domestic help, and governments, are exempt, but may elect workers' compensation coverage.

Who pays Workers' Compensation benefits?

• Benefits are paid by the employer or the employer's insurance carrier.

What should I do if I am injured at work?

• Report all injuries immediately to your employer.
• Employer notification is required by law within 30 days of the date of injury, preferably in writing.
• The employer completes a First Report of Injury and offers the employee a panel of three medical providers for treatment.
• The employee selects one of the providers, who becomes the authorized treating physician and provides treatment at the employer's expense.

What am I entitled to?

• Employees who have suffered a compensable work injury are entitled to receive the following:

A. Disability Benefits

• Weekly benefits are paid if the authorized physician finds that the employee is unable to work due to the injury.
• Compensation begins on the eighth (8th) day of disability from work following the injury. The date of injury and the first seven (7 days following are a waiting period and no benefits are payable unless the disability period lasts at least eight days. Benefits are due for each day over the seven day waiting period until the lost time reaches fourteen (14) days; then, weekly temporary total disability benefits will be calculated beginning with the day following the injury. Temporary total disability benefits are based on 66 2/3% of the employee's gross average weekly wage for the last 52 weeks worked prior to the injury, subject to the minimum and maxi- mum benefits as provided by the Workers' Compensation Law.
• Weekly benefits for total disability are based on 66 2/3% of the employee's gross average weekly wage for the last 52 weeks worked prior to the injury, subject to the minimum and maximum benefits as provided by the Workers' Compensation Law.

B. Medical Benefits

• The employer is to provide, free of charge, a panel of three physicians from which the employee selects one for treatment, termed the authorized treating physician. This physician will direct all medical treatment for the employee's workers' compensation injury.
• If a specialist is required, this physician may refer the emplcyee; or, the employer may offer another panel of specialists from which to choose.
• Medical treatment extends for as long as required by the authorized treating physician. If appropriate, this physician will provide the employee with off-work excuses and light or restricted duty limitations. It is very important that the authorized physician's instructions and restrictions be followed at all times.

C. Permanent Disability and Final Settlement

• When the injury has healed, the injured employee will be released from the physician's care.
• If the injured employee does not recover completely, the employee will reach maximum medical improvement (MMI) and the physician will assign a permanent partial disability (PPD) rating.
• This PPD rating, combined with vocational factors, may result in a permanent disability settlement from the workers' compensation insurance company.
• Not all injuries result in a permanent impairment. Injuries resulting in permanent impairment to the body as a whole should be paid at a maximum rate of 2 1/2 times the impairment rating if the employee returns to work at the same wage for the same employer.

Scheduled Injuries
Thumb: 60 weeks
First or index finger:  36 weeks
Second or middle finger:  30 weeks
Third or ring finger:  20 weeks
Fourth or little finger:  15 weeks
Great toe:  30 weeks
Any other toe:  10 weeks
Hand:  150 weeks
Arm:  200 weeks
Foot:  125 weeks
Leg:  200 weeks
Eye:  100 weeks
Hearing (one ear): 75 weeks
Hearing (both ears): 150 weeks
*Body as a whole:  400 weeks

*The 400 weeks for body as a whole is used for a maximum for Permanent Partial Disability PPD) but does not apply to Permanent Total Disability PTD).

D. Death Benefits

• When an injury results in the death of a covered employee, the widow or widower or dependent orphan is entitled to 50% of the deceased employee's average weekly wage, not to exceed the maximum per week.
• If the deceased employee leaves a widow/widower and one or more dependent children, 66 2/3% of the deceased employee's average weekly wage, not to exceed the maximum per week, is due.
• If a deceased employee leaves other relatives dependent on the employee for support, compensation may also be payable to those dependents.
• When the deceased employee leaves no dependents, $20,000 shall be paid to his or her estate.

What if I am unhappy with the physician I have selected from the employer's panel?

• Under Tennessee Law, the employer or insurance carrier is not required to offer a second panel of physicians or a second opinion; if asked, however, many insurance carriers and employers will provide a second panel.
• The employee may always seek a second opinion or obtain treatment with any physician at us/her own expense; however, only the restrictions of the authorized physician must be followed by the employer.

What if the authorized physician orders light or restricted duty?

• If the authorized physician returns the employee to work with specific temporary restrictions (light duty) and the employer can provide a job within the restrictions, the employee MUST return to work and attempt the light duty.
• The employee may qualify for temporary total disability benefits if the employer cannot provide a job within the restrictions given by the authorized physician.
• The authorized physician determines what duty is appropriate for the restrictions. The physician should be contacted for clarification if the employee believes the work is beyond the restrictions. Failure to report for light duty may terminate disability benefits.

Should the injured employee receive doctors' bills?

• A health care provider should not bill or sue the injured employee for all or part of the costs of health care services provided to the injured employee unless:

1. The injury is found by the court not to be compensable;
2. The physician, who was not authorized by the employer at the time the services were rendered, knew that he/she was not an authorized physician; or
3. The employee knew the physician was not authorized and it was not an emergency.

Can I be fired for reporting a work injury?

• It is unlawful for an employer to terminate an employee for reporting a work injury. Wrongful termination is not enforceable under Tennessee Workers' Compensation Law. The employee may wish to consult an attorney to pursue this cause of action through the court system.

Will I have to use my own sick time?

• Generally, no; however, an eniployee injured and off work less than 14 days is not paid for the first 7 days under Workers' Compensation Law. Consult your employer about the use of sick time for this time period.

Is the injured employee paid for doctor's appointments during work hours?

• Generally no, unless it is company policy.

Statute of Limitations

• Generally, the right to workers' compensation benefits is barred unless within one year after the injury occurred or the injured worker was informed his condition is permanent and related to his employment. SUIT MUST BE FILED WITHIN ONE YEAR FROM THE DATE OF THE INJURY OR THE EMPLOYEE COULD LOSE HIS RIGHTS TO RECEIVE COMPENSATION.
• NOTICE OF INJURY MUST BE GIVEN TO THE EMPLOYER WITHIN 30 DAYS

KNOWING YOUR LEGAL RIGHTS IS THE FIRST STEP IN PROTECTING YOUR RIGHTS

TENNESSEE WORKERS' COMPENSATION LAW IS COMPLEX. THIS PUBLICATION SHOULD NOT BE A SUBSTITUTE FOR OBTAINING LEGAL COUNSEL.