Workers' comp deadlines in Tennessee: tell your employer and file

Tell your employer in Tennessee

Time limit

15 days

Counted from

The date of the injury, or the date you knew or should have known that your injury is work-related

In writing?

Yes, in writing

If you are late

If written notice is not given within 15 days, benefits can be denied unless you have a reasonable excuse that the judge accepts. A mistake or gap in the notice does not end the claim unless the employer shows it was harmed by it, and then only to the extent of that harm.

Source: prejudiced

Illness that develops over time

For an injury from gradual or repeated events, give notice within 15 days after you know or should know that you have a work-related injury that caused permanent impairment, or after the injury keeps you from your normal work and you know or should know it was caused by work.

Report your injury to your supervisor immediately. If your employer does not already know about it, you must give written notice within 15 calendar days after the accident. For an injury that develops over time, the 15 days start when you know or should know that you have a work-related injury that caused permanent impairment, or when the injury keeps you from doing your normal work and you know or should know it was caused by work. Reporting the injury to your employer starts the claim.

Law: Tenn. Code Ann. § 50-6-201(a)-(b)

Source: tn.gov

File your claim in Tennessee

Time limit

1 year

Counted from

The date of injury, or the date the last temporary disability benefits were paid or medical benefits were provided for the injury, whichever is latest

What to file

Petition for Benefit Determination (PBD), filed with the Bureau of Workers' Compensation court clerk, with a copy to your employer and/or its insurance carrier

Who files it

You report the injury to your employer. Your employer reports it to its insurance adjuster, which is the filing of the claim. An insurance adjuster should contact you within 48 hours. You choose your doctor from a panel your employer gives you on Form C-42.

What your employer must do

Your employer must file a First Report of Injury with its insurance adjuster within 1 working day after learning of the injury, even if it thinks the injury is not work-related, and must give you a panel of at least three doctors on Form C-42 (no later than 3 business days after you ask for medical care). Employers must post the Tennessee workers' compensation notice at work.

Source: Form C-20

When the insurer decides

The adjuster must decide whether the claim is covered within 15 calendar days after verbal or written notice of the injury, and must tell you within 15 calendar days of reaching that decision. A denial must be on Form C-23, with a copy to you. Temporary disability payments must reach you no later than 15 calendar days after notice of the injury; late or unpaid benefits may be subject to a penalty.

Your employer reports the claim to its insurance adjuster; you do not file a claim form with the state when things are going smoothly. To protect your rights if benefits are denied or stop, file a Petition for Benefit Determination. In most cases the deadline is 1 year from the date of injury, or from the date temporary disability benefits were last paid or medical benefits were last provided, whichever is latest.

Law: Tenn. Code Ann. § 50-6-203

Source: tn.gov

Law: Tenn. Code Ann. §§ 50-6-201, 50-6-204, 50-6-205

Source: tn.gov

Waiting period and first payment in Tennessee

Waiting period

No temporary disability benefits are paid for the first 7 calendar days of disability; benefits start on the eighth day. You may want to use sick leave or vacation for those days if your disability lasts less than 14 days.

Paid back for the waiting days

If the authorized treating physician keeps you off work for 14 calendar days or longer, benefits are paid back to the first day of disability.

First payment

Temporary disability payments must be received by you no later than 15 calendar days after notice of the injury. They are usually paid by a separate check from the insurance company. Unpaid or late benefits may be subject to a penalty.

Law: Tenn. Code Ann. § 50-6-205

Source: tn.gov

Deadline helper

Count your dates with the deadline helper · Write the notice to your employer