Category Archives: Workers’ Compensation

Each year, a significant number of farmers and their workers are injured while going about their regular duties.  According to those who have been farming for many years, safety on farms was not really a priority a half century ago. Fortunately, a current focus on safe working conditions has led to a decrease in the

While the employer has an incentive to return an employee back to work both under the workers’ compensation statute and the ADA, it is generally understood that ADA compliance and/or action cannot be considered in determining the amount of vocational disability an injured worker has sustained. In Black vs. Liberty Mutual Ins., 4 S.W.3d 182

A middle-aged construction worker died on site on a recent Tuesday in mid November when his telehandler overturned. The man was busy offloading a delivery on site when the accident happened. An accident such as this leaves dependents with many questions. In Tennessee, workplace injury victims — and their dependents in the case of fatalities

Utility workers in Tennessee, and all across the country, are regularly required to work in all weather conditions, high above the ground and on high voltage equipment. When you consider these working conditions, it is easy to see why this group of workers is more likely than average to suffer a workplace injury, and even why this

A father is left devastated by the passing of his son at their joint workplace. A young graduate of only 21 years was working with his dad on the renovation of a Tennessee building when the accident happened. OSHA, the governmental body in charge of investigating a workplace injury, is currently investigating the accident and

In Tennessee Workers’ Compensation claims, whether the injured worker has made a “meaningful return to work” after the injury is often a crucial factor in determining how much disability the workers is entitled to.  When a worker voluntarily resigns, employers and insurance companies want to limit the recovery to 1 and 1/2 times the appropriate

The full Tennessee Supreme Court recently reversed a Panel decision thus reinstating the trial court’s award of 90% permanent partial disability finding that the voluntary retirement was related to the work injuries and the employee acted reasonably. In Yang v. Nissan N. Am., Inc., 2014 Tenn. LEXIS 607, 2014 WL 3893058 (Tenn. Aug. 11, 2014), the Employee began

The electrocution of a man delivering chicken feed on a recent Wednesday morning at the beginning of July has left a lasting impression on an eyewitness. The 63-year-old victim died when part of his delivery truck touched an overhead power line. This accident is an example of some of the dangers to which agricultural workers

Workers’ Compensation claims in Tennessee for injuries such as hearing loss and carpal tunnel will become vastly more difficult after July 1, 2014.  As discussed previously, injuries arising out of or in the course and scope of employment in Tennessee on or after July 1, 2014 are going to be treated substantially different under the

Often in workers’ compensation claims, when the claim involves mental injuries, psychologists are offered by the insurance companies for treatment.  Psychologists are not entitled to give a finding of causation under the act. As the Supreme Court stated in its unreported decision Shelby v. Highways, Inc, 2003 Tenn. Lexis 413 (May 13,2003), “the trial court

Agricultural workplace injuries and illnesses are much more prevalent than what government statistics suggest. A workplace injury is something that both employers and employees should always take serious. A recent study has shown that the governmental agencies in charge of tracking workplace injuries are off by about 77 percent. According to the researcher, there are

Sometimes in workers’ compensation claims, the injured worker has pre-existing problems or conditions.  Often the employer or workers’ compensation insurance company will deny the claim based on those pre-existing conditions or illnesses.  An employer cannot escape liability when an employee, upon suffering a work-related injury, incurs disability far greater than if the employee had not had

An accident 18 years ago led to the amputation of a bus driver’s left hand and a partial amputation of his left leg. The accident happened when a car cut off the bus he was driving. Of the 22 injured people on the bus, the bus driver suffered the worst injuries. As would happen concerning

During the middle of April this year, the Occupational Health and Safety Administration cited a company after an inspection. The safety inspection was done after two incidents in which two workers each suffered a workplace injury. OSHA fined the company, alleging that it has repeatedly violated safety requirements. The role of OSHA is to act

The administration bill dealing with workers’ compensation was amended and passed last night to add an escape clause back into the bill. This is due to the negotiations and hard work of Tony Farmer and others. AMENDMENT #2 revises the provision of Workers’ Compensation Law, described in (7) of the Bill Summary, that authorizes an injured

What happens if an injured employee in a workers’ compensation case is further injured by a treating doctor?  In determining who qualifies as a third-party, it is perhaps best to look at an umbrella rule of thumb and then examine examples and exceptions to the rule. A third-party eligible to be sued by an injured worker is one

Tennessee business owners in the construction industry may be interested to learn about a demolition contractor in another state who received a maximum OSHA fine of $397,000. The company was cited because basic safety precautions were not followed. Death and disfigurement of unsuspecting people were the result of the contractor`s failure to comply. The OSHA

A manufacturer of plastic pipes with a manufacturing plant in Tennessee and two other states received 18 citations on safety and health violations at one of its plants. Most of the violations were issued for safety-related programs that were not implemented, and could have workers’ compensation claims as a result. Endot Industries is the producer

A 34-year-old woman has died while on the job following an accident. The accident occurred on Sunday afternoon, but the exact details of what happened have not been reported. The Tennessee Occupational Safety and Health Administration has stepped in and are conducting an investigation into the matter. The family of the deceased woman may be

1. THE COMPANY SAYS I’M NOT COVERED BY WORKERS’ COMPENSATION BECAUSE THERE WAS NO ACCIDENT? NO ACCIDENT REPORT? I WASN’T INJURED AT WORK? WHAT SHOULD I DO? (Employer is denying coverage). Go ahead and get treatment under own health ins. & when asked by provider (on forms or by staff) or own health ins. If