If you’ve been injured on the job in Tennessee, understanding the state’s workers’ compensation laws is essential. These laws are designed to ensure that eligible employees receive medical care and financial support while recovering from work-related injuries or illnesses. This guide explains the main points of Tennessee’s system to help you understand your rights and responsibilities.
Who Needs to Carry Workers’ Compensation Insurance?
In Tennessee, most employers with five or more employees are required by law to carry workers’ compensation insurance. This includes full-time, part-time, and seasonal workers. Construction businesses and coal mining operations must carry coverage even if they have only one employee.
Employers may obtain insurance through private carriers, the Tennessee Workers’ Compensation Insurance Plan, or become self-insured if they meet specific requirements.
Who Is Covered?
Covered individuals typically include:
- Full-time and part-time employees
- Seasonal workers
- Construction and mining workers (regardless of business size)
Those not covered may include:
- Independent contractors
- Domestic workers in private homes
- Agricultural workers
- Federal employees (who are covered under federal programs)
However, some of these groups can still be protected depending on the specific arrangement with the employer.
What Injuries Are Covered?
Tennessee covers injuries and illnesses that:
- Occur during the course and scope of employment
- Are caused by a specific accident or work-related activity
- Result in physical injury or occupational illness
Mental injuries (like PTSD) may be covered only if they result from a physical injury or are proven with clear medical evidence. Pre-existing conditions aggravated by work may also qualify.
Filing a Workers’ Compensation Claim in Tennessee
To file a claim:
- Report your injury to your supervisor or employer within 15 calendar days.
- Your employer will file a First Report of Injury with their insurance carrier.
- You will be offered a panel of three doctors, and you must choose one from that list for treatment.
- Attend medical appointments and follow the prescribed care.
If your employer or their insurer does not file the report, you may contact the Tennessee Bureau of Workers’ Compensation.
What Benefits Are Available?
If your injury is covered, you may be entitled to several types of benefits:
- Medical treatment: All necessary and reasonable medical care is covered, including doctor visits, surgery, therapy, and medications.
- Temporary disability benefits:
- Temporary total disability (TTD): Pays two-thirds of your average weekly wage if you cannot work at all.
- Temporary partial disability (TPD): Pays a portion of the wage difference if you return to work at reduced hours or duties.
- Permanent disability benefits:
- Permanent partial disability (PPD): If you suffer a lasting impairment but can still work.
- Permanent total disability (PTD): If you can no longer engage in any gainful employment.
- Death benefits: Provided to the dependents of a worker who dies as a result of a job-related injury or illness.
Wage Benefit Calculations and Limits
Wage benefits are based on two-thirds of your average weekly wage, up to a state-mandated maximum. These limits are updated each year based on the state average weekly wage.
A waiting period of three days applies before wage replacement begins, but if you’re disabled for more than 14 days, you’ll receive retroactive pay for the initial three days.
Statute of Limitations and Deadlines
- You must report your injury within 15 calendar days of the incident.
- You must file a formal claim within one year of the date of injury, or the date of last authorized treatment or last compensation payment (whichever is later).
Failure to meet these deadlines could mean losing your right to benefits.
What If Your Claim Is Denied?
If your claim is denied, you have the right to:
- Request a Benefit Review Conference (BRC) through the Tennessee Bureau of Workers’ Compensation
- Attempt mediation to resolve the issue
- File a petition for a formal hearing before a workers’ compensation judge
You are not required to have an attorney, but legal representation is highly recommended for appeals.
Rideshare and Vehicle-Related Injuries
If you’re injured in a car accident while working (such as driving for Uber, Lyft, or delivering goods), you may qualify for workers’ comp if the accident occurred within the scope of your employment. Independent contractors (like many rideshare drivers) are typically not covered unless they’ve opted into specific coverage programs. You may also have a third-party claim if another driver caused the accident.
Retaliation Is Illegal
Tennessee law prohibits employers from retaliating against workers who file legitimate claims. If you believe you’ve been punished or fired for seeking benefits, you can file a retaliation complaint and seek legal remedy.
Legal Help for Workers in Tennessee
You don’t have to navigate a workplace injury alone. Helpful resources include:
- Tennessee Bureau of Workers’ Compensation
- Local workers’ comp attorneys
- Nonprofit legal aid services
These resources can help you file your claim correctly, appeal denied benefits, and recover what you’re owed. When your health, job, and future are on the line, understanding the law is your best defense.