November 2nd, 2015|
When a worker in Tennessee is hurt on the job, the costs they will face can be significant. Often times, being out of work and unable to earn income only compounds the expensive medical bills an injured worker is facing.
Luckily, state law requires employers to provide benefits for employees who are injured while working at no fault of their own. It’s important to remember there are several different types of benefits to consider and our Nashville workers’ compensation lawyers at Ponce Law are here to explain the differences between each.
These are benefits that are paid to cover most medical expenses an injured worker incurs. Medical benefits can include payments for any medications, surgeries, treatments, or rehabilitation a work-related injury victim may require.
Some injuries may require lifelong care, so it’s important that when filing a Tennessee workers’ compensation claim, the victim remembers to consider future medical costs they may incur.
If the injury is expected to keep the victim out of work for an extended period of time, the victim may be eligible to receive compensation for lost wages as well through temporary or permanent disability benefits.
The families of workers who are killed as the result of an on-the-job accident may also be eligible for benefits to help cover certain expenses. The Tennessee Department of Labor & Workforce Development outlines what costs death benefits can be used to cover.
Our team of attorneys at Ponce Law recognize how complex the process of determining what benefits you qualify for after an accident can be. We encourage you to visit our website to learn more about Tennessee workers’ compensation benefits and how they can affect you.
August 24th, 2015|
When a Tennessee worker is injured while working, he or she is typically eligible for worker’s compensation benefits. But what types of expenses are covered?
Workers covered under Tennessee workers’ compensation should have all medical expenses covered under their employer’s insurance. According to the Tennessee Department of Labor & Workforce Development, these benefits must be ordered by an authorized treating physician and can include the costs of surgery, medicines, medical supplies, nursing or psychological services, hospitalization, and even dental work.
Those who have suffered on-the-job injuries are also often qualified to receive wage replacement benefits. There are three types of benefits an injured worker can receive:
- Temporary disability benefits
- Permanent disability benefits
- Death Benefits
Determining Your Best Options
Many factors come into play when determining the amount of benefits an injured worker should receive. At Ponce Law, we suggest speaking with a qualified attorney to help make sure you’re getting the benefits you deserve if you’re considering applying for workers’ compensation or have a claim that was denied in the past.
February 25th, 2015|
Workers injured on the job often have a right to seek Tennessee workers’ compensation coverage. However, a debate is stirring after two Tennessee lawmakers proposed a bill that would allow businesses in our state to “opt out” of providing this coverage.
Under current law, most businesses are required to purchase insurance that provides Tennessee workers’ compensation benefits to employees injured while working. New regulations proposed under SB0721 would allow businesses to “opt out” if they can demonstrate that they can establish their own private workers’ compensation programs.
An article from The Tennessean says the bill would also cap benefit coverage at 156 weeks unless expenses were greater than $300,000. Current laws allow for coverage as long as treatment is needed.
If the bill passes, Tennessee would only be the third state in the nation to allow businesses to “opt out” of providing employees with workers’ compensation coverage through an insurance policy.
These changes come in the wake of reforms that were implemented last year, such as moving from the use of the state’s court system to a more administrative system.
The Nashville personal injury lawyers with Ponce Law point out these changes highlight the ever-shifting landscape of workers’ compensation law and the need to have an experienced legal representative by your side if you plan to file for Tennessee workers’ compensation benefits.
November 21st, 2014|
Most employees in Tennessee have a right to file for workers’ compensation benefits if they’re injured on the job, but what about illegal immigrants? Do they have the same right to these benefits as legal workers? The Nashville workers’ compensation lawyers with Ponce Law explain a recent court decision says yes.
A recent report from HR.BLR.com states the Tennessee Court of Appeals has ruled illegal immigrants have the same right to file a workers’ compensation claim as any other worker.
There are four reasons for the decision. First, there’s an exception to the state’s at-will employment laws that prohibit employers from firing employees for filing workers’ compensation claims. Undocumented workers are also not excluded from the definition of “employee” outlined in state workers’ compensation laws and these individuals are allowed to file suits in other courts.
The court was also concerned that a ruling prohibiting illegal immigrants from filing workers’ compensation claims could lead to increasingly dangerous work environments.
So where should you begin if you’ve been injured on the job? Hiring an attorney is a great first step.
February 17th, 2014|
February 17, 2014
Each year, thousands of Tennessee workers are injured in accidents while on the job. Many of these victims need to file for workers compensation benefits to cover expenses related to their injuries, such as lost wages and medical bills.
The Nashville Workers Compensation Lawyers with Ponce Law explain that rather than face these issues, many workers do what they can to prevent workplace accidents by educating themselves on the latest in occupational safety. One way to do that is by attending safety and health seminars hosted by the Tennessee Occupational Safety and Health Administration (TOSHA).
A many as 70 courses will be given in the coming months covering topics ranging from basic safety to how to create safety programs within an organization that will meet OSHA’s vigorous standards.
The costs to attend these events ranges from $75 to $725. It is also important to note the locations of the courses, as the programs take place across the state at different times. A list of the times, locations, and costs of the events can be found here.
The Nashville Personal Injury Lawyers with Michael D. Ponce & Associates recognize how important education is to improving workplace safety in Tennessee, and they encourage workers to attend local TOSHA safety education seminars.
January 27th, 2014|
January 27, 2014
Being struck by objects or equipment while on the job is one of the leading causes of workplace accidents that result injuries or death. In fact, the Bureau of Labor Statistics estimates that in 2012, more than 700 employees were killed as a result of these types of accidents–amounting to 16 percent of workplace fatalities that year.
The Nashville Workers Compensation Lawyers with Ponce Law point out that a 36-year-old fencing company worker was killed as a result of being struck by materials. Reports indicate the incident happened at approximately 1:45 p.m. on Friday at a wholesale fencing supply company on Lebanon Road in Nashville.
According to an article from News Channel 5, a load of 21-foot steel pipe was being loaded into a company vehicle when a piece of machinery used to move the load pushed the pipe. The moving materials fatally struck the worker in the head.
The Nashville Personal Injury Lawyers with Michael D. Ponce & Associates are aware of how difficult it can be to lose a loved one to an unforeseen workplace accident. That is why the firm would like to send their deepest sympathies and condolences to the family of the worker who was killed.
November 6th, 2013|
November 6, 2013
The Nashville Workers Compensation Lawyers with Ponce Law explain that Tennessee law requires employers to protect the safety of their employees by purchasing insurance to cover the costs of work-related injuries. But many believe a new state law threatens to undermine an employer’s ability to protect a worker’s safety.
According to an article from NBC News, state lawmakers recently approved a bill that will allow workers to carry firearms to places of employment as long as the weapons are kept in locked vehicles. Acts of violence are ranked as one of the leading causes of workplace fatalities, and many are questioning how the law will protect workers from harm.
Proponents of the new law say it will allow them to protect themselves during long commutes. Those who are opposed to the new law say it can give workers who are contemplating acts of violence easy access to deadly firearms.
Regardless of where citizens stand on the issue, the numbers do not lie. Workplaces that allow weapons are five times as likely to experience a homicide as opposed to employers to prohibit weapons on the premises.
Michael D. Ponce & Associates’ team of Nashville Personal Injury Lawyers hopes to see less work-related accidents in the future. Consider speaking with an experienced workers’ compensation attorney if you’ve been injured on the job.
October 23rd, 2013|
October 23, 2013
Each year, hundreds of workers are killed as the result of slips, trips, and falls in the workplace. The Bureau of Labor Statistics reports that last year alone, a total of 668 employees lost their lives to such accidents, accounting for roughly 15 percent of all workplace fatalities.
The Nashville Workers Compensation Lawyers with Ponce Law point out that a slip and fall accident claimed the life of a plant worker in Chattanooga earlier this week. Reports indicate the incident occurred on Sunday at the Wrigley’s plant, located on Jersey Pike.
According to an article released by News Channel 9, the victim was performing job duties while on a ladder. As the employee was working , another worker operating a forklift knocked the victim off the ladder. The fall to the floor caused the victim to suffer serious injuries that claimed her life.
This isn’t the first workplace accident to occur at the facility though. Records from the Tennessee Occupational Safety and Health Administration show the facility was cited in July 2005 for failing to improperly guard employees from machinery and not providing adequate first aid and emergency training to employees.
Michael D. Ponce & Associates’ team of Nashville Personal Injury Lawyers are aware of how difficult recovering from the loss of a loved one due to a workplace accident can be. That’s why the firm would like to send their deepest sympathies to the family of the victim.