Interested in working with us? Call us on 1.866.820.4457 or fill out this quick form and we will contact you within 24 hours!
Practice Areas
Car and Truck Accidents
Workers' Compensation
Aviation Accidents
Dangerous Products
Medical Malpractice
Child InjuryBlog 
Testimonials
Library
News
What Must Be Proven to Win a Workers Compensation Claim in Tennessee? (Part 1)
There are several elements that have to be proven in order for an employee to recover for a work related injury in Tennessee. However, most all of the sub issues that arise in a Workers Compensation claim stem from three main Elements of Proof.
These three main Elements of Proof for Permanent Disability Benefits are:
1. The Employee suffered an "injury" by accident.
2. The Employee suffered an injury in the "Course" and "Scope" of his or her employment; and
3. As a result of the work related injury the employee has suffered a "permanent" injury.
You DO NOT have to prove that your employer was negligent or was at fault in any way.
Injury Defined
Tennessee Code Annotated (TCA) 50-6-102(12) Defines "Injury" as an injury by accident arising out of and in the course of employment which causes either disablement or death of the employee and shall include occupational diseases arising out of and in the course of employment which cause either disablement or death of the employee and shall include a mental injury arising out of and in the course of employment.
As you can imagine there are several sub issues that can arise under this definition. Here are a few of those issues:
1. What is an accident?
2. Is a heart attack an injury by accident?
3. Is a hernia an injury by accident?
4. Is an intentional ct by a co-employee during work hours an injury by accident?
5. Is an intentional act by a third party during work hours an injury accident?
6. Is a self inflicted injury an injury by accident? 7. Is a stroke or heart attack caused by stress an injury by accident? 8. Is a mental injury such as PTSD an injury by accident?
9. What about an unexplained accident. Is that covered?
As you can see at first glance the definition of "Injury" seems simple. The workers compensation defense lawyers make sure that it's not that simple. You need an experienced board certified work injury attorney to guide you through your claim.
Course and Scope of Employment Defined
An injury arises in the "course" of your employment if the injury has a rational connection to the work. An injury occurs in the "scope" of your employment if the injury occurs while you are engaged in the required duties of your employment. The mere fact that you were at work when the injury occurred, will not alone result in your injury being considered as arising in the course and scope of your employment.
The Tennessee Supreme Court has said; If the injury sustained, resulted from an exposure to a risk of harm, which is no more different from that of any other member of the public similarly situated in place and time, is NOT compensable. Sudduth v. Williams 5175w2d 520(Tennessee 1974)
In terms that we can all understand - lets look at a couple of examples:
Example 1 (a) If you are walking down the hall at work and your knee blows out due to degenerative changes or a past high school sports injury - it would not be considered work related. (b) If you are walking up steps at work and those steps caused your degenerative condition or your past sports injury to worsen - it may very well be considered work related.
Example 2 (a) If you have a heart attack at work due to natural causes such as hypertension or due to genetics it would not be considered work related. (b) If you have a heart attack at home or work and your cardiologist says it was caused by or even triggered by your stress at work - it may be considered to be work related.
There is furthermore a requirement that a Medical Doctor or other expert witness testifies that your injury was a result of your Work Related event. This issue should be addressed by an experienced work injury lawyer because every fact pattern is somewhat different.
Continued in What Must Be Proven to Win a Workers Compensation Claim in Tennessee? (Part 2)
Please call or click to discuss your work related injury with a real attorney at The Williams Law Group. We can help!
Contact Us Online @ Tennessee Workers Compensation Attorney
Toll Free - 1.866.820.4457
Nashville - 615.313.3999
Lebanon - 615.444.2900
