When you are filing any type of claim, there are a number of questions that may arise dealing with procedural or substantive concerns. Several issues are covered below that often arise in Workers’ Compensation cases.How Much Are Legal Fees
In Tennessee, legal fees are capped at 20% of the award or settlement. Firms may not take a fee from undisputed short term total disability payments or for undisputed medical expenses. The fees are also approved by a Court or the Tennessee Department of Labor Claims that involves death or a life-long disability, the state law enforces a certain amount of compensation regarding attorneys’ fees. We abide by the set limitations whenever it is appropriate to the case. A workers’ compensation claim typically may involve additional legal costs such as expert witness fees if the case is complex. The attorneys at the Higgins firm generally cover these additional expenses until the case is over, then these expenses will be repaid with the compensation that is rewarded.What About Workers compensation cases involving a third person
If while working on a construction site, in a factory, or while operating a vehicle, you suffered an injury, you may have the right to Workers’ Compensation third party claims according to state law. If the injury you suffered while working was due to carelessness or neglect of people that did not work the company that employed you, you may be entitled to make a workers’ compensation a Third Party claim under Tennessee Personal Injury Laws. For example, if you are driving a car while on the job and are hit by another vehicle, you might be able to file a lawsuit against the person or persons responsible for your car wreck.
A Third person claim may also be possible if the injury was caused by the use of faulty equipment or tools. Our attorneys can assist you in filing a claim against the makers of the faulty equipment. The amount of compensation you may receive in these types of cases frequently is more than in a Workers’ Compensation settlement.What State Law Applies to my case?
There are many cases where it is unclear which state law applies. This occurs most often with truck driver injuries, construction workers that travel and other traveling employees. Determining which state law applies is significant because each state has specific workers’ compensation guidelines and different benefits. Certain states can award additional compensation for workers than the laws in Tennessee while other states offer less. T. To figure out what laws are applicable, it is helpful to figure out where the employer lives, where the employee resides, in what place the contract for hire happened, and the place in which the injury occurred. Generally, we can determine which state laws are available once these facts are known. Our attorneys have people all across the United States that have comp cases that have to be litigated in Tennessee. Whenever that occurs, we coordinate everything possible to make it easier on the employee involved in the case. .Is it possible for a case to be opened again?
For cases involving injuries that occurred prior to July 1, 2014, there are certain times an employee can reopen the case for more money. Specifically, if after a settlement you are let go from your place of employment and are not at fault it may be possible to open your case again for an additional award. For instances, if you are laid off because of company cutbacks you may be able to reopen your case. Also, our Tennessee law firm often sees employees who try to go back work at the pre-injury employer and then determine they are not physically able to do the work any longer. If you were let go from your employment after receiving an award or leave your job because of a workman’s compensation injury you should speak to our Tennessee attorneys to find out if you may be eligible for more monetary damages under the state Workers’ Compensation laws.
Contact us online or call us at 800-705-2121 to set up a FREE consultation to discuss your legal options.
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