Practice Areas and Legal Definitions

Tennessee Workers' Compensation:

Workers' compensation is insurance that an employer is required by law to carry in case an employee is injured on-the-job or becomes ill, temporarily or permanently disabled, or fatally injured due to circumstances surrounding his or her job. Although workers' compensation laws vary from state to state, covered medical care generally includes: medical, surgical and hospital services, dental services, crutches, hearing aids, chiropractic treatment, physical therapy, nursing care and prescribed medications.

Additional monetary compensation may be provided if an injured employee is temporarily unable to work for more than a certain number of calendar days set by state law, hospitalized as an in-patient, or becomes permanently disabled due to a job-related injury or illness. The right to receive medical treatment at the employer's expense typically continues as long as treatment is reasonable and necessary to treat the injury.

Tennessee Orthopedic Injuries:

Orthopedic injuries can include injuries involving the spine, bones, joints, muscles, nerves and other parts of the skeletal system. The most common orthopedic injuries are bone fractures and sprains and strains. Sprains describe an injury to a ligament and strains describe an injury to muscle. Treatment for orthopedic injuries include medical counseling, medications, casts, splints and therapies, such as exercise or surgery.

Tennessee Repetitive Stress injury:

If an individual develops a repetitive stress injury (i.e., carpal tunnel syndrome, tendonitis, tennis elbow, etc.) from duties performed while on-the-job, he/she may receive workers' compensation benefits including their choice of doctor(s), full medical care compensation, lost wage benefits, lump-sum cash settlement, vocational retraining or re-schooling and permanent wage loss benefits.

Tennessee Construction/Industrial Accidents:

Construction labor makes up one of the three most dangerous occupations in the U.S. today, each year producing thousands of debilitating injuries and wrongful deaths. Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment.

Construction site personal injury law is not practiced nor understood by many personal injury attorneys. As a result, many personal injury construction claims are often subject to mediocre representation and minimal financial compensation due to improper legal counsel. Injured construction workers are urged to seek a workers' compensation attorney who is knowledgeable in a variety of construction techniques and has successfully litigated numerous construction site personal injury cases.

Tennessee Burn Injuries:

People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries. Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions, electric shock, as well as accidental exposure to harmful chemicals and radiation.

Tennessee Toxic Exposure:

Some toxic substances are shown to cause substantial injury to people; i.e., lead-based paint linked to brain damage, especially in children; asbestos linked to lung cancer and restrictive lung disease; dry cleaning and other solvents linked to brain damage and major organ damage; pesticides such as dioxin and DDT linked to birth injuries and toxic landfill waste linked to leukemia.

Tennessee Retaliatory Discharge:

If an individual is terminated from their place of employment after reporting a workers' compensation claim, he/she could be entitled to substantial damages in a retaliatory discharge lawsuit against their former employer. Federal laws prohibit an employer from discharging or discriminating against an employee because of a workers' compensation injury. If an employer fires or forces the resignation of an injured employee in retaliation for filing a workers' compensation claim, the employee can file a civil lawsuit against the employer seeking damages in court, provided the employee has evidence of such an allegation.

In addition, if an employer denies permission for immediate medical attention following a work-related injury, or does not permit an employee to seek out the services of other medical professionals in conjunction with assigned company doctors, the employee can seek legal retribution under workers' compensation laws.

If you have been seriously injured on-the-job or a loved one has suffered wrongful death as the result of an on-the-job accident in Nashville, or anywhere within the surrounding cities and counties of Tennessee, please call Ward, Derryberry & Thompson today at 866-435-3774 or complete the contact form provided on this site to schedule your free initial consultation.

“Certifications of Specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law and Estate Planning. Listing of related or included practice areas herein does not constitute or imply a representation of certification of specialization.”

Workers' Compensation Frequently Asked Questions

The following information includes frequently asked workers' compensation questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the Ward, Derryberry & Thompson, you can receive a personal consultation regarding your specific on-the-job injury case.

What should I do if I get injured on-the-job?

Seek emergency medical attention if needed and immediately report your injury to your employer. An injured worker must report any accident to their employer or any employee of the employer who is in a supervisory capacity (foreman, superintendent, company nurse, etc.). Notification must be done within a set amount of time as set by state law. Most states require that this be done within two to 30 days following an injury.

If an injury occurs over time (for example, a breathing problem or carpel tunnel syndrome), you must report your condition soon after you discover and realize that it is caused by your work. Your employer will provide you with a claim form on which you must describe your injury and how, when, and where it occurred. Make sure you save copies of all correspondence with your employer, its insurance carrier and your doctor concerning your workers' compensation claim.

Is workers' compensation the same as State Disability?

Workers' compensation is only for injuries or illnesses that occur due to employment accidents. State Disability is for injuries or illnesses that are not work related. You can file a State Disability claim, but you cannot be paid both workers' compensation and State Disability for the same period of time unless under certain circumstances your workers' compensation temporary disability rate is less than State Disability, then you may be paid the difference. If your employer's insurance company denies or delays payment, you may be able to receive State Disability temporarily.

Is Carpal Tunnel Syndrome (CTS) considered a "work-related" injury under the Act?
Yes. The courts have ruled that "although Carpal Tunnel Syndrome develops gradually and not the result of a sudden mishap," it is still considered a work-related injury.

If I am out of work due to an on-the-job injury, does my employer or its insurance company have to pay me the same amount I made when I was working?

No. Your "compensation rate" is 2/3 of your average weekly gross wages. Your average weekly wage is the average of your gross pay over the fifty-two weeks prior to your injury in the employment in which you were injured. In other words, if you worked as a truck driver for ABC Trucking for the past eighteen months, your gross wages for the fifty-two weeks immediately preceding your injury would be added up, divided by the number of weeks worked, and then reduced to 2/3 to determine your "compensation rate." However, if you are a highly paid employee, your compensation rate is limited to the annual maximum.

If I receive workers' compensation, can I also sue my employer in court?

Typically, no. Workers' compensation exists both as a way to benefit injured workers and as a way to protect employers. Workers' compensation is a no-fault insurance system, meaning an employee can receive benefits regardless who was at fault, in exchange for not suing the employer.

However, if you are injured because of reckless or intentional action on the part of your employer, or the establishment in which you were employed was hazardous due to negligence on the part of other workers or the employer, you can bypass the workers' compensation system and sue your employer in court for a full range of damages, including punitive damages, pain and suffering and mental anguish. You may also choose to sue in court if your injury was caused by someone other than your employer such as a visitor or outside contractor, or if a defective product caused your injuries.

Are all on-the-job injuries covered by workers' compensation? Do all workers qualify?

Workers' compensation covers most but not all on-the-job injuries. The workers' compensation system is designed to provide benefits to injured workers, regardless if the injury is caused by the employer or by the employee. But there are limits; injuries that occur due to employee intoxication or drug use are not covered by workers' compensation. Coverage may also be denied in situations involving self-inflicted injuries; i.e., an employee who starts a fight, injuries suffered while a worker was committing a serious crime or injuries suffered when an employee's conduct violated company policy.

Most workers are eligible for workers' compensation coverage, but every state excludes some workers. Exclusions often include: business owners, independent contractors and casual workers, domestic employees in private homes, farm workers, maritime workers, railroad employees and unpaid volunteers. Federal government employees are also excluded from state workers' compensation coverage, but they can receive workers' compensation benefits under a separate federal law. In addition, some states do not require workers' compensation coverage of employers having less than a designated number of employees, such as less than three.

When should I hire a lawyer?

You should hire a lawyer if one or more of these issues are present in your case:

1. Your case has been denied.
2. Your case has been accepted, but you are out of work and are not receiving your weekly checks to cover your wage loss.
3. Insurance company has understated your "average weekly wage" and therefore your compensation rate.
4. You are having trouble getting the medical treatment that you believe you need.
5. Case has neither been accepted nor denied but lots of time has passed since you were hurt and you are not able to get a response from employer or insurance company on your own.
6. You have been released by your treating doctor but you feel you need additional medical treatment.
7. You have been injured at work and subsequently fired by your employer.
8. You have returned to work at a lesser paying job, and your employer or insurance company does not want to make up the difference in wages.
9. You have been released by your doctor and rated for disability, but you believe you are entitled to a greater disability rating.
10. You have been offered a settlement by the insurance company, but you do not have any idea whether it is a fair settlement or not.
11. You simply want the guidance of an experienced professional to help you through the maze of workers' compensation.

If you have been seriously injured on-the-job or a loved one has suffered wrongful death as the result of an on-the-job accident in Nashville, or anywhere within the surrounding cities and counties of Tennessee, please call Ward, Derryberry & Thompson today at 866-435-3774 or complete the contact form provided on this site to schedule your free initial consultation.

“Certifications of Specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law and Estate Planning. Listing of related or included practice areas herein does not constitute or imply a representation of certification of specialization.”

Professional Biographies

Attorneys Culwell Ward, Jack Derryberry, Jr., and John Michael Thompson provide strong representation for their seriously injured clients in the courts of Nashville, Davidson County and throughout the State of Tennessee.

Firm Address:

Ward, Derryberry & Thompson
404 James Robertson Pkwy., Suite 1720
Nashville, TN 37219
Telephone: 866-435-3774

Your initial consultation on workers' compensation matters is free.

Firm's Practice Areas:

• Workers' Compensation
• Orthopedic injuries
• Repetitive Stress injuries
• Construction and Industrial Accidents
• Burn injuries
• Toxic Exposure
• Retaliatory Discharge from worker's compensation claims

Culwell E. Ward, Attorney

Culwell E. Ward received his B.A. from Vanderbilt University, graduated from Memphis State University School of Law and is admitted to practice before all state and federal courts in Tennessee, including the U.S. District Court, Middle District of Tennessee.

Professional Affiliations:

• Insurance Counsel Trial Academy
• Rule 31 Mediation Training
• American Bar Association
• Tennessee Bar Association
• Nashville Bar Association
• Pro Bono Service Award
• Nashville Bar Association Pro Bono Board
• Tennessee Defense Lawyers Association
• Tennessee Trial Lawyers Association

Jack W. Derryberry, Attorney

Jack W. Derryberry received his B.A. from Duke University, graduated from University of Tennessee School of Law and is admitted to practice before all state and federal courts in Tennessee, including U.S. District Court, Middle District of Tennessee, U.S. Court of Appeals, Sixth Circuit and the U.S. Supreme Court.

Professional Affiliations:

• Rule 71(a) Land Commissioner in the Middle District of Tennessee
• Legal Aid Attorney pursuant to John L. v. Adams at Woodland Hills Youth Development Center of the Department of Children's Services

Representative Cases:

• Doe through Doe v. Metropolitan Nashville Public Schools, 133 F.3d 384, cert. denied 525 U.S. 813, 119 S.Ct. 47.
• U.S. v. State of Tennessee, 181 F.3d 105.
• People First of Tennessee v. Arlington Developmental Center, 145 F.3d 1332.
• U.S. v. State of Tennessee, 2003WL720099.
• U.S. v. State of Tennessee, 925 F.Supp. 1292.
• People First of Tennessee v. Arlington Developmental Center, 878 F. Supp.97.
• In Re: Factor VIII or IX Concentrate Products Litigation, MDL/986, No. 93-C-7452.

John Michael Thompson, Attorney

John Michael Thompson received his B.S. from Vanderbilt University with honors, graduated from Nashville College of Law with honors and is admitted to practice before all state and federal courts in Tennessee, including the U.S. District Court, Middle District of Tennessee.

Professional Affiliations:

• Tennessee Bar Association

Lecturer:

• CLE Seminars relative to child sexual abuse and other juvenile court proceedings
• Tennessee Rules of Evidence

“Certifications of Specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law and Estate Planning. Listing of related or included practice areas herein does not constitute or imply a representation of certification of specialization.”