August 12th, 2020|
Most people know that when they get hurt while they’re on the job, they may be eligible to receive workers’ compensation benefits to replace their paychecks while they recover. And most people also know that those who are injured in auto accidents can file compensation claims against the drivers who hit them to get money for their accident-related expenses.
But many people don’t know that those types of compensation can be combined when the situation calls for it—namely, when someone else causes a crash while driving a work-related vehicle or while driving on company time. In Tennessee, it’s possible to pursue both a workers’ compensation claim and a personal injury claim for the same crash, but doing so requires an experienced law firm and a resourceful lawyer.
At Ponce Law, we handle both types of claims, and we know what it takes to help victims get the money they deserve in these unique situations. We won’t let your employer or the other driver’s insurance company dissuade you from moving forward, and we’ll do everything in our power to get you every penny you deserve.
Contact our Nashville auto accident attorneys today for a free consultation. Evidence can quickly appear, and it’s vital for both personal injury and workers’ compensation claims, so don’t delay. Call today.
May 26th, 2020|
There are many adjectives people can use to describe their jobs: challenging, rewarding, stressful, difficult, and even life-affirming. But words that should never be used are “dangerous” or “life-threatening.”
Unfortunately, that’s the case for many workers in Middle Tennessee. Dangerous jobs are a necessary part of the economy, but workers in those positions should always have proper training and safety equipment to do their jobs. Sadly, that doesn’t always happen.
When people get hurt on the job, they often can’t come back to work the next day, week, month, or in some cases, year. And when they aren’t working, they aren’t earning paychecks that they desperately need—especially in light of their injuries, which may require medical treatment.
Like all states, Tennessee offers injured employees workers’ compensation benefits, but those benefits are far from guaranteed—even when it’s clear that an injury occurred on the job and due to circumstances out of the injured worker’s control.
Both the Tennessee Bureau of Workers’ Compensation (TBWC) and individual employers can make it difficult for injured workers to get the money they deserve. Employers may deny injuries happened on the clock or on company property, while the TBWC may deny claims based on small oversights.
After an on-the-job injury that puts you out of work and causes you to rack up medical bills, you don’t have the luxury of waiting around for a denial. You need money, and it’s our job to help you get it. Contact Ponce Law’s Nashville workers’ compensation lawyers today for a free consultation.
September 2nd, 2015|
The costs of an on-the-job injury can really add up over time. This is highlighted by the case of a former Tennessee Titans football player who recently reached a workers’ compensation settlement with the team.
The Nashville workers’ compensation attorneys at Ponce Law explain that the former tackle joined the team in 2005. During his decade-long career, the player suffered 28 injuries that could be considered compensable. He also often played for the team while injured.
The player filed a claim for workers’ compensation benefits with the team, but the claim was denied. The decision prompted the former Titan to file a lawsuit against the team seeking damages for his injuries.
Before the case could go to trial, a settlement was reached between the two parties. According to The Nashville Post, the Titans agreed to pay their former player a total of $76,633.70 for the injuries he sustained during his time with the team. The agreement also stipulated that the team would also cover future medical costs related to the injuries.
Getting the compensation you deserve for a work-related injury can often be complicated. That’s why the Nashville personal injury attorneys at Ponce Law encourage injured workers to consider taking these steps to take after a work injury. Following our tips may provide you with some insight into what it takes to file a strong Tennessee workers’ compensation claim.
April 29th, 2015|
When workers in Tennessee are injured on the job, they often have a right to seek workers’ compensation benefits through their employers. But kawmakers have been considering changing the law to allow businesses to “opt out” of such coverage if they meet certain standards.
The Nashville workers’ compensation attorneys at Ponce Law explain that under Senate Bill 721, which is sponsored by House Representative, Jeremy Durham, employers would be able to ditch their Tennessee workers’ compensation coverage if they could provide a minimum amount of compensation to pay workers injured on the job. Employers are required to provide at least $300,000 in coverage for potential medical expenses, as well as a minimum of $3.75 million for possible lawsuits. Also, the company must provide financials to prove they are capable of making payments.
While the bill seems like a compromise between employees and businesses that didn’t want to take part in the current Tennessee workers’ compensation program, the bill has been put on hold until at least next year by lawmakers. The Knoxville News Sentinel reports the bill will be filed and reconsidered during next year’s legislative session.
At Ponce Law, we believe it’s important that workers be fairly compensated for injuries on the job. Our Nashville personal injury lawyers will be following how this bill progresses through the legislative system during the coming months.
February 4th, 2015|
When an employee is hurt on the job in the Volunteer State, they may be entitled to Tennessee workers’ compensation benefits. But to qualify, medical conditions must typically meet standards outlined by the American Medical Association (AMA).
We say typically because exceptions can be made. Take the case of a Goodyear Tire & Rubber Co. employee who was recently awarded Tennessee workers’ compensation benefits due to hearing loss sustained while working for the company.
Employees of Goodyear weren’t offered hearing protection until around 30 years ago. According to Business Insurance, the worker claims his exposure to loud noise while working caused him to lose part of his hearing at frequencies above 3,000 hertz. While the AMA’s Guides to the Evaluation of Permanent Impairment only outlined disability standards for lower frequencies, the victim was ruled to have a 30 percent permanent partial disability benefit rating.
Goodyear appealed the decision, arguing the worker shouldn’t be covered since his condition was not covered under AMA guides. The Tennessee Supreme Court disagreed and awarded the worker benefits.
January 26th, 2015|
When most Tennessee workers get injured on the job, they have a right to apply for Tennessee workers’ compensation benefits. Too often though, these individuals don’t receive the care they deserve, prompting some researchers to examine what factors can help improve the outcomes of injured workers.
Last year, a team with the Workers’ Compensation Research Institute interviewed 402 workers who suffered on-the-job injuries in 2011. They found two main areas that could help improve the outcomes of these cases.
The first was the amount of trust between the employee and the employer. Many injured Tennessee workers—45 percent to be exact—feared being fired from their jobs after being injured. If this is the case, many workers may fail to report injuries, putting them at risk of serious complications that could further extend their inability to work.
The team also determined that taking a closer look at conditions that accompany injuries—referred to as comorbid conditions—often suffered by workers. Some of the most typically reported comorbid conditions include hypertension and diabetes. Furthermore, almost 30 percent of injured workers reported suffering from more than one comorbid condition.
August 8th, 2014|
Last year, Tennessee legislators passed a bill that massively overhauled the way the state’s workers’ compensation system operates. That’s why the Nashville workers’ compensation lawyers would like to make you aware of the reforms that went into effect on July 1, 2014.
One of the major shifts is that claims are now decided by an administrative board rather than the civil court system. According to The Chattanoogan, Governor Bill Haslam appointed three judges to the board earlier this month. Their terms will range from 2-6 years.
Other changes were made to the way permanent disability ratings are handed out. Now, ratings will be based on the body as a whole, and workers eligible to receive permanent disability benefits will be eligible to continue receiving payments equal to their disability rating if they return to work. Also, pain will not be considered when assigning an impairment rating.
The maximum amount of time benefits can be paid has been increased to 450 weeks as well.
At Ponce Law, we understand how complex the laws overseeing workers’ compensation benefits in our state can be. That’s why if you’ve been hurt at work and have questions regarding your legal rights, we encourage you to contact our legal staff. Call us anytime at 615-244-4325 to get in touch with our legal staff.
April 23rd, 2014|
Companies have a responsibility to protect employees’ health and well-being. However, accidents sometimes happen that leave workers suffering personal injuries.
Recently, an explosion at an ammunition manufacturing facility just outside Nashville on April 16 left four workers with varying injuries.
According to an article from The Republic, officials are still unsure of what caused the explosion, but added the incident blew out two walls and the roof of the building, which left four workers requiring treatment for blast injuries.
The incident leaves many workers wondering what they should do if they are injured on the job. The Nashville Workers’ Compensation Lawyers with Ponce Law explain there are three steps an injured worker should take the following steps:
- File A Claim- Most businesses are required to carry an insurance policy to cover expenses associated with a work-related injury, such as medical bills and lost wages. So, filing a claim for workers’ compensation benefits with that insurer should be the first course of action considered by an injured worker.
- Collect Evidence- Hold on to any documentation that can be gathered regarding expenses you have incurred as a result of your injury. This can include food, fuel, and lodging, among other things.
- Speak With An Attorney- The procedures surrounding reaching a settlement in a workers’ compensation claim can be confusing, which is why having quality legal representation by your side is crucial throughout the workers’ compensation process.
January 15th, 2014|
January 15, 2014
There are many on-the-job hazards workers in all industries face daily that can result in injuries or death. The Nashville Workers’ Compensation Lawyers with Ponce Law explain the three most common types of workplace accidents that can occur include:
- Transportation Accidents – In 2012. A total of 1,789 individuals lost their lives as the result of being involved in collisions with vehicles, accounting for an estimated two out of every five workplace fatalities. Roughly 58 percent of these incidents occurred on roadways, while another 13 percent were non-roadway accidents. Sixteen percent of transportation accidents involved pedestrians.
- Violence in the Workplace – The Bureau of Labor Statistics says 17 percent of all on-the-job fatalities in 2012 listed the deliberate, harmful actions of a co-worker as a contributing factor, which was lightly higher than the previous year.
- Slip and Fall Accidents – An estimated 668 workers lost their lives in 2012 as the result of slips, trips, or falls. Roughly 75 percent of these incidents involved falls from elevations of more than 10-feet. 25 percent were falls from above 30 feet high.
Michael D. Ponce & Associates and their team of Nashville Personal Injury Lawyers are aware of how difficult recovering from a workplace accident can be, which is why the firm urges anyone who has been hurt on the job through no fault of their own to discuss their options with an attorney immediately.
December 16th, 2013|
December 16, 2013
Each year, thousands of working Tennesseans are injured as a result of accidents on the job. The Nashville Workers Compensation Lawyers with Ponce Law explain the state is working to reduce this number though. Reports indicate they are achieving this goal by implementing a program that aims to challenge both employers and employees to create a safer work environment.
According to WorkersCompensation.com, the Voluntary Protection Program is sponsored by the Tennessee Occupational Safety and Health Administration. The program seeks employers who have demonstrated the ability to create safe work environments by having health and safety management systems in place and performing below the national average for on-the-job injury rates.
The program has been considered as a success, with participants seeing injury and illness rates that are almost 70 percent below the national average. Furthermore, these businesses also tend to report 60 to 80 percent fewer days of lost work due to injury or illness.
Fewer workplace accidents have been found to lead to work environments that improve employee motivation and work efficiency.