Memphis Workers' Compensation Lawyer
Fighting For the Rights of Injured Employees
At Donati Law, PLLC we strive to maximize the recovery in every case we handle. Our workers' comp attorneys are able to devote the necessary time to each case because we are not a volume-based practice. Additionally, we have the experience to maximize recovery. We are not content with simply obtaining the settlement offer the insurance company thinks is best. If an acceptable offer is not made, we will try the case before a judge as we have done before on numerous occasions.
High-Quality Legal Representation Since 1980
Our Memphis workers' compensation attorneys make every effort to deliver high-quality legal representation to injured workers. We know how stressful work-related injuries can be for workers, especially when the victim is the primary breadwinner in his or her family. We are here to make this process less overwhelming for you by taking care of all the details on your behalf. Your well-being and future are extremely important to us.
We proudly offer our clients the following:
- Reliable and personalized legal services
- More than 35 years of experience
- Step-by-step guidance through the process
We Represent Injured Workers in Tennessee
At Donati Law, PLLC, we’re here to help injured workers obtain medical and monetary benefits for their injuries. We handle all workers’ compensation cases on a contingency fee basis, which means you owe us nothing until we recover compensation on your behalf.
Quick Facts About Workers’ Compensation Claims
- You must notify your employer within 30 days of your injury.
- There are two main types of workers’ compensation benefits: medical care for work-related injury/illness and partial wage replacement (if you’re unable to work or can only work at a limited capacity).
- Injured employees are entitled to receive medical treatment at no cost – and for as long as the treatment is authorized by a medical professional.
Can My Employer Deny Workers' Comp Benefits?
Under Tennessee workers’ compensation laws, most companies with more than 5 employees are required to purchase insurance to cover their workers’ injuries. With a few notable exceptions, almost any injury that you sustain because of your job can make you eligible for insurance coverage, as long as you follow the guidelines and meet all state requirements.
However, while your employer can’t outright deny your workers’ compensation benefits, they can make it difficult to get the compensation you need for medical treatments and expenses. At Donati Law, PLLC, our skilled workers' compensation lawyers in Memphis are committed to helping our clients move past workers’ compensation denials, so that they can begin the healing process and move forward.
Why Was My Workers’ Comp Claim Denied?
Many people mistakenly assume that workers’ compensation is a nearly automatic process and that most claims are easily and quickly approved. Unfortunately, worker’s comp claim denials happen all the time, for a wide range of reasons. In fact, the Office of Workers’ Compensation Programs (OWCP) reports that most Tennessee claims are denied.
Additionally, although most states follow a strict “no-fault” system for workers’ compensation, Tennessee law requires that work activities must be more than 50 percent of the cause of the injury or need for treatment. For example, if you were engaged in any horseplay at the time of your workplace accident, that alone could cause the insurance adjuster to say that your claim isn’t compensable.
Here are a few of the most common reasons an insurance adjuster might deny your workers’ comp claim:
- The injury wasn’t reported to your employer within 30 days.
- The claim wasn’t filed with the Department of Labor and Workforce Development within the one-year timeframe.
- You were injured during a recreational activity, such as a paid company outing.
- Your injury was due to self-harm, or because you refused to use safety gear.
- You never sought medical treatment or didn’t use a medical provider authorized by your employer.
- You were intoxicated, high, or using illegal substances before the accident.
What Happens If My Employer Contests the Claim?
Although your employer is obligated to report your claim within one day of learning about your injury, they don’t necessarily have to agree with you on the specific details of that claim. Depending on your unique circumstances, your employer may argue that your injury actually happened off the clock – or that you failed to meet workers’ comp eligibility requirements, for any of the reasons listed in the section above.
Because filing a claim prevents you from suing your employer, your best option may be to hire a Memphis workers’ compensation lawyer at Donati Law, PLLC. The employer’s insurance company is far more likely to take the word of your employer while assessing your claim, and although they may assign a neutral mediation specialist to resolve any disputes, it may not be enough to change your employer’s mind.
Can I Appeal the Claim Denial?
Whether your claim has already been denied, or you simply suspect that your employer will try to contest your benefits, you reserve the right to appeal a claim denial within 60 days. At Donati Law, PLLC, workers' compensation lawyers in Memphis have more than 35 years of experience representing individuals who have been unfairly denied on their workers’ comp claims. We’ll fight on your behalf and help you seek the maximum allowable compensation for your injuries.
Call a skilled workers' comp lawyer in Memphis at Donati Law, PLLC for a consultation -- dial (901) 209-5500 today. We offer services in Spanish.
Tennessee Workers' Compensation FAQ
If you are facing a workers' compensation claim issue, you are probably feeling overwhelmed and daunted by the entire process. To better assist injured workers in need of workers' compensation, we have collected some of the most commonly asked questions and provided the answers below. We hope you find this information beneficial when considering how to proceed with your case.
I was injured while working. What should I do next?
What kind of benefits can I receive?
What if my injuries are permanent?
Do I really need a Memphis workers' compensation lawyer?
Why should I hire your firm to represent me?
Have More Questions? Contact Us at (901) 209-5500.
We understand that a work-related injury can have devastating consequences on your day-to-day life. We understand that bills have to be paid and food has to be put on the table. We understand that you may never be "100%" again following a work-related injury. That is why it is imperative that you maximize your recovery under Tennessee workers' compensation law. If you have any questions, we can provide you with the answers you need so that you can become better informed about your options and legal rights.
Contact us today to seek our top-notch legal services. Call (901) 209-5500.