What money are you entitled to if you are injured at work?

By David E. Gordon, Esq.

An injury at work is an unexpected blow to the family budget. Not only are you miserable with pain and discomfort, but you worry about how you are going to pay the mortgage and the utility bill. Unless you've been injured before at work, you are probably unsure of what obligations your employer has to you in this situation. The state legislature has established many rules that control the employer's conduct when an employee is injured at work. Following are a few of the key ones:

I. Payments During Rehabilitation

If your company employs at least five people, state law requires that it provide workers compensation insurance for its employees. This means that if you are injured at work and the attending physician excuses you from work for at least 8 days, you are entitled to pay beginning on the 8th day. You will not, however, receive your full wages or salary. Instead, your employer is obligated to pay only two-thirds or 66 2/3% of your average weekly earnings. Keep in mind that average weekly earnings is the same as your average pay before deductions over the past 52 weeks, including overtime. Make sure that your employer has included all money earned when calculating your average weekly earnings.

If your disability continues for 14 days, your employer is obligated to pay you from the first day of your excused absence. As long as your doctor excuses you from work, you should receive a check for two-thirds of your average weekly earnings.

II. Payment for Permanent Injury

If, in the opinion of the doctor, you have suffered a permanent injury to any part of your body, regardless of how slight a permanent injury, you must be paid for that disability by your employer. This is true even if your employer fired you while you were off work recuperating. In fact, you may be entitled to more money because you were not able to return to your previous employment. The formulas for computing what you are entitled to for a permanent injury have been set by the state legislature and are too complicated to discuss here. But any lawyer with workers compensation expertise can help you understand what you deserve for your permanent injury.

Click here for a free consultation or to receive a free copy of “10 Ways To Get More Money For Your Injury.”

Law Office of David E. Gordon
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David E. Gordon is a Certified Civil Trial Specialist by the National Board of Trial Advocacy and the Tennessee Commission on Continuing Legal Education and Specialization.