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If your Tennessee workers’ compensation claim was denied or you believe you are entitled to more funds than awarded, you may have the right to appeal the decision. Injured workers are eligible to file an appeal through the Tennessee Bureau of Workers’ Compensation and, in certain circumstances, the Workers’ Compensation Appeals Board or Tennessee Supreme Court. If this reflects your circumstances, understanding how to navigate the appeals process and familiarizing yourself with the evidentiary requirements is critical to protecting your right to compensation following a workplace injury. Keep reading to learn whether you can appeal a workers’ compensation award in Tennessee and how a seasoned Memphis Work Injury Lawyer can help you file a formal appeal.
The possibility of serious injuries and illnesses still exists, regardless of whether you work a menial job that is not directly dangerous. Unfortunately, serious workplace accidents can result in catastrophic injuries that negatively affect a worker’s everyday life and functionality. If you suffer an accident while on the job, your injuries or illnesses may prevent you from working and earning a living.
When this is the case, you are entitled to workers’ compensation. In Tennessee, most employers are required to carry this special type of insurance coverage for their employees, as it provides cash benefits for medical care, wage replacement, and permanent disability in the case of a job-related injury.
Oftentimes, employees wonder whether they can appeal a workers’ compensation award because sometimes a claim is denied or a worker does not agree with the determination of their benefit amount.
A workers’ compensation appeal allows injured employees to challenge:
Workers in Memphis and across Tennessee often appeal workers’ compensation decisions when they believe the claim was undervalued or wrongfully denied. These claims often arise following injuries sustained in Memphis warehouses, retail stores, construction sites, and manufacturing jobs throughout Shelby County.
In Tennessee, if you believe that you were wrongly denied workers’ compensation benefits or have not received sufficient funds, you are entitled to file a formal appeal to the Workers’ Compensation Appeals Board.
However, to appeal a compensation order, a Notice of Appeal must be filed within 30 days of the date the award order was issued.
If you are appealing a workers’ compensation award because you believe you do not agree with the determination of your benefits, you must file a Petition for Benefits Determination with the Tennessee Bureau of Workers’ Compensation. You are required to file a formal appeal within 1 year of your injury.
After appealing, if you are not satisfied with the court’s determination, you can file another appeal for a rehearing with the Workers’ Compensation Board. However, it must be made within 30 days of the board’s final ruling.
It is pertinent to note that you also have the option of bringing your case directly to the Tennessee Supreme Court. Nevertheless, if the board’s decision is unfavorable, you can appeal their final ruling.
Before a formal hearing occurs, injured workers can also participate in mediation through the Tennessee Bureau of Workers’ Comp, in which a neutral third party can help facilitate conversation between the employee and employer in the hopes of reaching a benefits agreement. If mediation is unsuccessful, the case may proceed to a formal hearing in front of a workers’ compensation judge.
In the event your employer’s workers’ comp insurance denied your injury claim, it’s critical to understand that you still have legal options. Unfortunately, many injured workers incorrectly assume a decision is final, though Tennessee law allows workers to challenge unfavorable decisions.
In certain circumstances, an attorney may be able to directly negotiate with the workers’ compensation insurance and resolve the issue without the need for a formal hearing. However, if this is unsuccessful, the next step is to file a Petition for Benefits Determination with the Tennessee Bureau of Workers’ Compensation.
In many cases, an individual is denied this type of compensation because they do not have enough evidence to prove their injuries were job-related and prevented them from working.
It’s important to understand that taking these steps after a work-related injury can significantly strengthen your case and ensure that your health and well-being are prioritized.
In the unfortunate event that you or a loved one has suffered a job-related injury, it is critical to acquire the right legal representation to ensure you take the necessary steps to appeal a workers’ compensation award. At Ballin, Ballin & Fishman, P.C., our firm is committed to helping our clients seek reasonable compensation for their losses. Contact us today to learn more.
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