A Trusted Memphis Workers’ Compensation Lawyer
If you’ve been injured on the job, you might have a lot of questions about worker’s compensation. As a workers compensation lawyer Memphis TN has trusted for over three decades, I and my firm are here to help.
After a work injury, you already have a lot to worry about. If your employer or their insurance company refuse your claim, it can be a devastating and extremely frustrating experience. You need to focus on getting better, not on a bunch of additional paperwork and bureaucracy.
That’s where we come in.
Our firm is dedicated to helping you get the worker’s compensation you need and deserve after an on the job injury. We fight for you every step of the way and don’t receive a penny unless we win your case.
What a Workers’ Compensation Lawyer Can Do for You
Workers compensation is a type of insurance provided by employers. They agree to cover you in the case of injury by paying for your lost wages, medical expenses, and other costs. In return, you agree not to sue them or pursue them for more money.
Workers comp is meant to cover the damages from your injury, including:
- medical and hospital expenses
- lost wages
- job insecurity as you get better
- and more
Workers compensation laws vary from state to state, and some states can be very strict. As a workers compensation lawyer in Memphis, I’ve seen how hard it can be to get coverage for injuries that definitely qualify. Sometimes the powers that be simply don’t want to pay, even if it’s your only recourse as a worker.
In those situations, without legal help, you might not get enough compensation to cover your costs. You could wind up with sky-high medical bills, and you could even lose your job.
Our worker’s compensation attorneys fight for our clients so this doesn’t happen to them.
How Much Does a Workers Compensation Lawyer Cost?
Many people worry a workers compensation lawyer will cost too much, so they don’t get the help they need. I see this all the time, and it’s such a shame because it’s all based on a myth.
If the system doesn’t want to pay, you’re much more likely to get the benefits you deserve by getting a lawyer. And it’s not expensive: the attorney fee is actually limited by law to a small percentage of past-due benefits only, not ongoing benefits.
That means you don’t lose any money from future payments. It also means you can choose your attorney based on experience and skill, rather than shopping for the best price. When the law determines the cost, you get to focus on quality.
Contact a Workers Compensation Lawyer Memphis TN Trusts
When you think about getting help with your workers compensation case, your attorney can make a huge impact on the results. A great lawyer might be the one difference between whether you receive the compensation to cover all your losses or leave empty-handed.
It’s our privilege to help people through hard times and stressful situations. We know you need someone to stand by your side now more than ever.
We give our clients our full attention and communicate every step of the way. It’s how we’ve earned multiple Martindale Hubbell awards for client satisfaction. And it’s why we have a 5-star rating on Avvo and an A+ rating from the Better Business Bureau.
If you’re suffering from a work-related injury and have any questions, we would be happy to discuss your situation at no charge. We’re flexible in scheduling with people who can’t get around well because of their injuries, so please let us know if you have special needs.
To get started, just contact us today online or call me at 901-327-2100 to discuss your case and schedule a free appointment.
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FAQ | Workers Compensation Memphis TN
Having served as a workers compensation lawyer in Memphis TN for decades, I’ve noticed a lot of people have similar questions when they first come in.
We’re always available to discuss your concerns, but to save you some time, here are some of the frequently asked questions we receive about workers compensation in Memphis:
What does a workers’ compensation lawyer do?
Workers’ compensation lawyers specialize in cases related to work injuries or illnesses. We help you file a claim and negotiate a settlement.
In an ideal world, you would never need to fight for worker’s compensation when you get injured on the job. It should be automatic and simple. But unfortunately, that isn’t always the case. And when you aren’t able to get the benefits you need, we can step in to help.
Do I need a workers’ compensation lawyer?
It isn’t mandatory to have a worker’s compensation attorney. In fact, when the system is working as it’s meant to, you shouldn’t need to fight at all. Your employer’s insurance should automatically cover the entire cost of your injuries and lost wages.
However, if your claim is complex or the insurance company disputes it, a workers’ compensation lawyer can significantly improve your chances of receiving fair compensation.
If it gets to that point, we don’t ever recommend going it alone. First of all, you should be focusing on getting better for yourself and your family. Secondly, the process can be extremely complicated – the insurance companies try to make sure of that. And lastly, having an attorney typically means a much higher chance of getting the full benefits you need.
How do workers’ compensation lawyers charge for their services?
Most workers’ compensation lawyers work on a contingency basis, meaning we only get paid if we win your case. The fee is usually a percentage of the awarded compensation, so you aren’t paying directly for the service.
As a worker’s compensation lawyer in Memphis, my fee is limited by law to a small portion of your past-due benefits. That means we only receive a fraction of what you’re already owed in the past. You keep the full amount of any benefits moving forward.
What benefits can a workers’ compensation lawyer help me receive?
A lawyer can help you secure various benefits, including medical expenses, wage replacement, vocational rehabilitation, and more.
In addition, our firm has expertise in other areas of personal injury law. This means we can also help you to apply for or appeal a Social Security disability claim. We can also help you if your injury was caused by a malfunctioning product or someone else’s negligence, even if you can’t get workers’ comp for the claim.
It’s a big benefit to working with our firm: we’re able to see the big picture in your case and help you get the benefits you need no matter what caused your injury.
What if my claim is denied?
If your claim is denied, you have the option to appeal. But in the state of Tennessee, it’s a very short window and you need to act quickly.
In that situation, our workers’ compensation lawyers can help you file an appeal and represent you in the appeals process.
Is there a time limit for filing a workers’ compensation claim?
Yes, there’s a statute of limitations that varies by jurisdiction. This is why you want to consult with a worker’s compensation attorney quickly, so you don’t lose out on benefits you need. In addition, it’s why you should always look for an attorney local to you and your work. They need to know and understand the laws of your state so they don’t make any errors in your case.
Can I see my own doctor for a work-related injury?
The regulations vary according to state. Generally in Memphis TN worker’s compensation law, your employer’s worker’s comp insurance company will give you a few options of medical providers. So you have a choice between those doctors if you want to receive coverage. If you have questions about this, contact us and we can talk with you about it.
What if my employer retaliates against me for filing a claim?
Workers’ compensation laws prohibit employers from retaliating against employees for filing claims. You should never face job loss or any other form of punishment for getting injured on the job. That’s exactly the point of workers comp, and it’s against the law. Our workers compensation lawyers can help protect your rights if you face retaliation.
Can I receive workers’ compensation benefits if the injury was my fault?
Workers’ compensation is a no-fault system, which means you receive benefits regardless of who is at fault for the injury. It’s designed this way to simplify the process for employers and employees. It doesn’t matter if you made a mistake that caused your injury, as long as you were performing your work duties at the time it happened.
There are some exceptions to this, like if you were committing a crime at the time of the injury. But generally speaking, your fault in an injury is not a reason to prevent someone from receiving workers comp benefits. If your employer tries to use this as an excuse not to pay, you need to speak with an attorney.
What if I already have a pre-existing condition?
Pre-existing conditions can make a workers comp case a little more complicated, but it shouldn’t keep you from receiving the benefits you need. You’ll just have to show how the injury is either separate from your pre-existing condition or exacerbated the condition and made it worse.
Because they’re more complex, pre-existing conditions are a perfect example of why someone might benefit from speaking with an attorney rather than letting the system run its course. Our workers’ compensation lawyers can help you navigate how your pre-existing condition might impact your claim and benefits.
Do workers’ compensation cases always go to court?
Not at all. Many cases are settled outside of court through negotiations. Most attorneys want to get a fair and reasonable settlement for their client as quickly as possible, and most clients want that as well. Those happen outside of court. However, if a fair settlement can’t be reached, you may need to have a hearing. You might also have a hearing in the case of an appeal.
In both cases, your lawyer can represent you in court.
How long does the workers’ compensation process take?
Unfortunately, this isn’t an easy question to answer because every case is so different. If your employer’s insurance automatically pays the claim, it could be a matter of days. However, for people who need an attorney, the process can be more complicated. Cases can take several weeks or several months, depending on the complexity of the case and the other side’s willingness to negotiate.
Bear in mind that our lawyers generally speed up the process by filing for you and using our experience to navigate the legal proceedings. We don’t get paid until you win, so it’s in our best interest to move things forward for you as quickly as possible. It’s the other side that often drags out the negotiations, and we work hard to prevent that as much as we can.
Can I get compensation for pain and suffering?
Workers’ compensation typically doesn’t cover pain and suffering, but there are other types of personal injury law that do. In some cases, there may be a more complicated personal injury case to pursue that caused your injuries in the first place. For example, perhaps you got injured driving your company’s truck, but the injury occurred because the truck malfunctioned.
In situations like that, you might want to pursue a personal injury case. Our attorneys handle these types of claims as well and can give you an idea of all of your options at your initial consultation.
How do I choose the right workers’ compensation lawyer?
Look for experience, specialization in workers’ compensation, positive reviews, and a lawyer who communicates effectively and makes you feel comfortable.
As a workers compensation lawyer Memphis TN has trusted for over three decades, I’m proud of the reputation we’ve built. We’ve won multiple awards for client satisfaction and continue to offer the highest quality care to everyone who walks through our doors.
If you’d like to speak with our attorneys, we offer an initial consultation that’s totally free, no strings attached. We can discuss your case and give you an idea of your options. Just contact us online today or give us a call at 901-327-2100.
Workers’ Compensation For Car Accidents In Tennessee
As our Memphis workers’ compensation lawyer knows, work-related injuries can happen in various situations, including car accidents. In Tennessee, workers’ compensation may apply if the accident occurred while performing job-related duties. This coverage provides financial relief by addressing medical expenses, lost wages, and other related costs. Attorney Darrell Castle launched his firm in 1984 and focuses on allowing his clients to tell their stories so that he can help them.
When A Car Accident Qualifies For Workers’ Compensation
Workers’ compensation in Tennessee applies to injuries that happen during the course of employment. If a car accident occurs while performing job-related tasks, you may qualify for benefits. Common scenarios include driving between job sites, making deliveries, or traveling for work-related meetings or errands.
However, not all car accidents are covered under workers’ compensation. Commuting to and from work generally does not qualify unless it involves a specific exception, such as traveling between multiple worksites or running errands at your employer’s request. Additionally, the accident must occur while you are acting within the scope of your employment. Any deviation for personal errands or activities could potentially disqualify a claim.
Filing A Workers’ Compensation Claim
Our Memphis workers’ compensation lawyer knows that filing for workers’ compensation after a car accident in Tennessee involves several key steps. First, it is essential to notify your employer about the accident as soon as possible. Tennessee law requires employees to report work-related injuries within 15 days of the incident. Failure to do so could jeopardize your ability to receive benefits.
Next, your employer will provide information about their workers’ compensation insurance. This includes instructions on how to see an authorized physician to evaluate your injuries. The medical report generated during this process will play a crucial role in determining the benefits you are eligible to receive.
Once your claim is submitted, the workers’ compensation insurer will review the details of your case. If approved, you may receive benefits to cover medical treatment, temporary disability payments, and compensation for any permanent impairments caused by the accident.
Addressing Fault In Work-Related Car Accidents
In a typical personal injury case, determining fault is a significant factor. However, Tennessee’s workers’ compensation system operates on a no-fault basis. This means that even if you were partially responsible for the car accident, you may still be eligible for workers’ compensation benefits. The focus is on whether the injury occurred within the scope of your employment rather than assigning blame for the accident.
That said, if a third party caused the car accident, you may have additional options. Workers’ compensation benefits cover immediate needs like medical bills and lost wages, but they do not provide compensation for pain and suffering. In these cases, you may have the right to pursue a separate personal injury claim against the at-fault party while still receiving workers’ compensation benefits.
How We Can Assist
If you’ve been injured in a car accident while performing your job duties, understanding your options for workers’ compensation can make a significant difference in how you recover. At Darrell Castle & Associates, we are committed to helping you protect your rights and secure the benefits you need. We’re here to provide clear guidance and personalized support to help you move forward with confidence. Our firm has practiced workers’ compensation in Memphis for over 40 years. When you are ready, reach out to our workers’ compensation lawyer in Memphis.
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“I highly recommend this company. I was so vulnerable going into the whole process. They made me feel like everything was going to be okay from the moment I walked in the door. The receptionist Amanda is friendly and thoughtful.”
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