Injured at work? Here's what you need to do.

Workers' Compensation is available for many Tennessee workers who are injured on the job. This article outlines the process that an injured employee must follow in order to begin the process of making a claim.

Remember, your employer will have an attorney representing him during the claims process. You should have an experienced attorney representing you to make sure you get the maximum settlement to which you are entitled. Call Bob Vogel at The Vogel Law Firm at 865-357-1949 for a free consultation or email rlvogel@robertvogellaw.com

How does the claim process work if you are injured on the job?

CLAIMS

FIRST REPORT OF WORK INJURY, FORM C20
Employers covered by the Tennessee Workers’ Compensation Act must submit all known or reported injuries or illnesses to their insurance carriers on Tennessee Employer’s First Report of Work Injury or Illness (Form C-20) within one (1) working day of knowledge of the injury or illness. Insurance carriers and self-insured employers must file the Form C-20 with the Division through Electronic Data Interchange (EDI) as soon as possible, but not later than fourteen (14) days after knowledge of the injury or illness.
A workplace injury or illness that causes an employee to receive medical treatment outside of the employer’s premises, their death, their absence from work, or their retention of a permanent impairment must be reported.
OSHA REQUIREMENTS: The "Tennessee First Report of Work Injury" (First Report) is an allowable substitute for the Occupational Safety and Health Administration (OSHA) 301 form "Injury and Illness Incident Report". OSHA requires employers to maintain a copy of either the First Report or the OSHA 301 on site and available to Tennessee Occupational Safety and Health Administration (TOSHA) representatives.
WHEN AN EMPLOYEE IS INJURED, THE EMPLOYER SHOULD:
1.Fill out a Form C-20, as described above, and file the form with its insurer within one (1) working day of knowledge of injury. The claim must be reported to the insurer even if the employer feels the claim is not work-related. The insurance carrier can investigate and deny the claim if appropriate.
2.Provide the injured employee a panel of at least three physicians on Agreement Between Employer/Employee Choice of Physician Form (Form C-42). If the injury is to the back, the panel must include a chiropractor. If specialized treatment is required, the authorized treating physician may refer the employee for such specialized treatment at which time another panel of specialized physicians should be offered. The named-providers should be located in or near the employee's community of residence. The employee has the privilege of choosing one physician from the list. This selected physician becomes the “treating physician.” A Form C-42 designating the chosen physician and signed by the employee is the employer's proof that the employee was offered a choice of physicians. A copy of this completed form must be provided to the employee. The employer must keep the original form on file and provide a copy to the Division of Workers' Compensation upon request.

If the employer does not have a panel of physicians, it should call its insurer and develop one. The employer should post the panel of physicians in a conspicuous place for employees to review.
3.Have the injured employee sign a Medical Waiver and Consent Form (Form C-31). This form allows the employer, insurance carrier, third party administrator, case manager, utilization review agent and Division to communicate with the treating physician about the treatment for the injury.
4.Inform the employee of the name and telephone number of the employer’s workers’ compensation insurance carrier/adjuster.
5.Submit a statement of the employee's wages to their workers’ compensation insurer. The statement should show the gross wages earned by the injured employee each week for the fifty-two (52) weeks prior to the injury. If the injured employee was employed less than 52 weeks, the statement should show all of the weeks worked and gross wages earned each week, including overtime, bonuses, etc.

For more information email rlvogel@robertvogellaw.com