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What Must Be Proven to Win a Workers Compensation Claim in Tennessee? (Part 2)

Continued from What Must Be Proven to Win a Workers Compensation Case in Tennessee? (Part 1)

Permanent Injury

It is essential that you have competent expert medical evidence (usually your treating physician) to prove the permanency of the injury causing your disability. The courts have held that the permanency of any given injury must be established by a reasonable degree of medical certainty. They have held consistently that an opinion on this issue is exclusively "with in the realm of medical science."

All of the above confusing language is best explained by a couple of examples:

Example 1 (a) If you were rear ended by another vehicle while you wee on the job and received a strained neck from the impact. Normally after rest and maybe therapy, your muscles return to normal. This would not be considered to be a permanent injury because you had returned to normal. Normally physicians will testify that if you don't have any structural or anatomical damage you do not have a permanent injury. (b) Let's consider the same auto accident while you are on the job. Instead of receiving a neck strain you are diagnosed with a herniated, ruptured, and/or a bulging disc in your neck. You go through physical therapy but you are still having problems. Your physician testifies that you have structural damage and an anatomical change in your spine. Whether you have surgery to correct the problem or your condition is simply managed with medications or exercise, this would probably be considered a permanent injury.

Example 2 (a) We all have had a sprained ankle at some time in our lives. Let's assume it happened at work. A sprained ankle is normally strained or stretched ligaments in your ankle. With rest the swelling goes down and you are as good as new. This would not be considered a permanent injury. (b) Let's look at the same work related injury to your ankle as above. It's the same incident but this time you actually tore the ligaments in your ankle. This, matter of degree of the injury would be considered to be a permanent injury because there was some sort of permanent change to your body.

Pre-Existing Conditions

Pre-existing conditions are common. Not many of us are physically perfect. The workers compensation laws take this into account. Your employer hires you in the condition that you are at the time of hiring. If you have any pre-existing conditions at the time of being hired and your work in any way, "advance the severity of your condition" then you have a work related injury.

What You Don't Have to Prove

You don't have to prove that your employer was negligent or careless in any way. It also makes no difference even it you yourself were at fault. You only have to prove:

1. That you suffered an "injury" by accident;
2. That occurred in the "course and scope" of your employment; and
3. That your injury is permanent.

Please call or click to discuss your work related injury with a real attorney at The Williams Law Group.  We can help!

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