You should be eligible for workers' compensation benefits if your Tennessee workplace injury is found to be compensable. A compensable injury under Tennessee's laws governing workers' compensation is "an injury by accident arising out of and in the course of employment."
"In the course of employment" means that an employee should have been engaged in some activity related to duties of a job. This usually means that an injury should have occurred when an employee was "on the clock." There should be a cause-effect relationship between the employee's activities and the injury.
Unique circumstances that may give rise to questions about eligibility for workers' compensation may include:
- Where an injury happened if an employee was on the way to or from work: An injury that takes place off of company property during an employee's commute is not typically covered. On the other hand, an injury in a company parking lot or locker room is generally compensable, even when the employee has not yet reported to the work site.
- Whether or not an employee's activities were truly work-related: An employee who travels as part of the job will generally be covered under workers' compensation as long as his or her comings and goings are work-related at the time of an accident.
- Who was at fault in the case of horseplay: An employee hurt by another employee's prank or horseplay is likely to be eligible. An employee hurt while engaging in a prank or horseplay may or may not be covered, depending on how far he or she had deviated from work duties.
- In the case of a company basketball game or outing, whether a company required or expected employees to attend.
Defending questionable workers' compensation eligibility is not something that an injured employee should tackle without qualified legal counsel. Talk to an experienced workers' compensation lawyer for help making your case for compensation. A knowledgeable attorney who represents you in an appeal can be a strong advocate for you.
Workers' Compensation Eligibility Rules in Tennessee · Ask a Lawyer
Workers' compensation is a valuable safety net for many injured employees. Workers' compensation laws are highly technical and can be confusing to workers who are entitled to benefits. Jeffrey Levine of The Law Offices of James Flexer thoroughly understands the Tennessee workers' comp process and can help you protect your rights. Feel free contact us at our Nashville law offices to request a consultation with no obligation.
