Workers compensation car accident benefits can apply in addition to money available under Tennessee personal injury law. Employees can receive significant protection when involved in a auto accident on the job. Workers compensation car accident benefits include income replacement, payment of medical bills, coverage for future medical expenses and lump sum award if a disability results. Additionally, You may be able to file a third party personal injury claim against the at fault driver.
You will not be able to file a valid claim against your employer in most cases. However, If you were working and someone else was at fault for your car accident injury then dual benefits may apply. Call Workers Compensation Car Accident Lawyer George Angelopoulos at 615-422-7171 or complete our free case review to get started today.
Filing a Tennessee Work Comp Claim
Report the car accident injury that occurred while working to your employer ASAP. Generally, notice must be given within 30 days of the wreck. Written notice is recommended, but not required. Within one day, your employer should complete Form C-20 (First Report of Work Injury). This acknowledges your claim. The report should be completed regardless of whether your employer disputes the claim. The employer will submit the claim to their work comp insurance carrier must accept or deny the claim within fifteen days.
Workers Compensation Benefit Overview
Tennessee’s Department of Labor provides a beginners guide to workers’ compensation that provides a high level overview of the Workers Compensation process. Initial steps on filing a claim with your employer, important injury notice deadlines, a benefit review and resource information is included. The guide is not a replacement for a worker comp car accident lawyer managing your personal injury claim.
- Income Replacement: If your Workers Compensation doctor finds the injury prevents you from working temporary disability benefits begin. Income replacement is determined by multiplying your average weekly wage by (⅔). Income replacement will last for as long as the employee is unable to work.
- Medical Benefits: Treatment authorized by your Workers Compensation doctor will be paid by the Work Comp insurance carrier directly. The insurer will cover reasonable and necessary medical costs.
- Permanent Disability: Serious car accident injuries can result in a permanent disability. This occurs after Maximum Medical Impairment is declared and a full recovery is impossible. Employees with a disability or impairment rating will qualify for a statutory payment based upon the body part affected and the percent of impairment.
Do I Have To Pay Back Workers Comp?
If you receive a third party car accident settlement then yes, you will have to pay back workers comp. Tennessee Workers Compensation Subrogation is codified at T.C.A. 50-6-112. Money paid for medical benefits and income replacement will be reimbursed to your employer’s workers compensation insurance carrier. This helps your employer who is usually happy to have a personal injury lawyer represent their employee when the loss was caused by a third party.
The good news is Tennessee’s Collateral Source Rule applies. The at fault driver who caused the car accident does not get a discount because you were on the job when the wreck occurred. Additionally, the amount repaid to your employer is reduced by (⅓) if the insurance carrier does not hire an independent defense lawyer for your claim.
What to Do After A Car Accident On The Job?
1. Call The Police
2. Seek Medical Attention
3. Exchange Information
4. Take Pictures and Videos
5. Notify Your Employer of The Injury
For general questions you can contact the Tennessee Bureau of Workers’ Compensation at 800-332-2667. Work related auto accidents are more complex than most stand alone work comp claims. If you on the job car accident resulted in serious personal injuries call George at 615-422-7171 or request a free case review so we can get started today.