Frequently Asked Questions
The following questions and responses are for General Information only and should not be considered as the legal advise or opinion of any attorney in this office. Each case turns on its own facts and circumstances, which cannot be addressed without an interview with an attorney. Our attorney's will be happy to set up an appointment to dis cuss the facts of your particular case. Please note we do not offer phone consultations on family law matters. All other matters are usually screened over the phone to determine if you have a possible claim.
What should I do if I get hurt on the job?
If you get injuried on your job, seek emergency medical attention if needed. Immediately report your injury to your employer and ask him/her to fill out an accident report. Tennessee and most states require that you make such a report within 30 days of your injury. If the injury occurs over time you must report your condition as soon after you discover or realize that it is caused by your work. Your employer will provide you with a claim form on which you must describe your injury and how, when, and where it occurred. Make sure you save copies of all forms you fill out for your employer, its insurance carrier and your doctor concerning your claim.
What happens after I report my injury?
If your injury requires emergency medical attention your employer will probably have you taken to a hospital for such treatment. Shortly after that your employer is supposed to give you a form with the names of 3 doctors from who you are required to seek treatment for your injury. If possible you should check with an attorney before making hat selection as some doctors are more favorable to supporting the claim than others.
Worker's Compensation benefits include payment of all reasonable and necessary medical treatment and medications. Note such treatment must be by the approved doctor. Additionally you may be entitled to benefits for your lost time from work both while you are being treated and after you obtain what is called maximum medical recovery. These benefits are based on a percentage of your average weekly wage before you were injuried and upon a scale setup by the State regarding disabilites you suffer after treatment. Because these benefits are subject to variations it is generally advisable that you have representation by an attorney to help you obtain these benefits and get the most out of your claim.
My employer has denied my claim, what do I do?
If your employer has denied your claim either as a whole or as to the benefits you are entitled to you should contact your State Worker's Compensation office or an attorney handling worker's comp claims as soon as possible and ask for assistance. Understand while the State office can provide assistance they do not represent you and can not provide you with the same assistance as an attorney.
Wilkes, McCullough & Wagner
44 N 2nd St
Memphis, TN 38103