FAQ - Page 2

Question 1

What are ICD-10 Codes for Motor Vehicle Accidents

Accepted Answer

A motor vehicle accident ICD-10 code (MVA ICD-10, sometimes known as MVC ICD-10 &#8211; motor vehicle collision &#8211; code) is a shorthand, standardized code used by medical professionals and insurance companies to quickly communicate a diagnosis and potential cause. In the wake of a car accident, the ICD-10 communicates critical information from first responders to emergency room physicians to follow up specialists. They also provide a record of diagnosis and treatment throughout the recovery process. In other words, an MVA ICD 10 code is the fingerprint of a motor vehicle accident’s health impact.

Question 2

What Happens If Someone Else is Driving My Car and Gets in an Accident?

Accepted Answer

In Georgia, situations like these can raise complicated questions about insurance coverage and liability. Many car owners are left uncertain and unprepared when an accident involving someone else driving their vehicle occurs. Equally, if you are involved in an accident caused by a person driving someone else’s vehicle, the issues of liability and the applicability and priority of insurance policies can be rather complicated.

Question 3

Who is at Fault in a 4-Way Stop Accident?

Accepted Answer

You’ve driven through the same 4-way stop a million times. This time, when it’s your turn to go, you suddenly lose control and crash into another vehicle. You’re dazed and confused, trying to figure out what happened. As you start to regain your bearings, you realize what’s gone on. Another driver flew through their stop sign and collided with you.

Question 4

What Happens if You Total a Car? (Financed, Leased, and Insurance Scenarios Explained)

Accepted Answer

Learn what happens when you total a car, starting with how insurance companies make that determination, the types of insurance coverage available, and why &#8211; when dealing with a company concerned about its bottom line — it helps to talk to an attorney.

Question 5

How Long Can Your License Be Suspended in Georgia?

Accepted Answer

In Georgia, the Department of Driver Services can suspend a license for as little as sixty days to as long as three years. Even a sixty-day suspension is no minor punishment, given the role of cars and driving in our society. Our car is more than transportation; it’s our connection to the broader world. Whether we use our vehicles to get to work, pick up children, or buy groceries, they are vital to our lives. 
It makes sense, then, to better understand how license suspensions in Georgia operate, what offenses trigger them, and how to reinstate your license with as little interruption as possible. There are some driving offenses and even non-driving offenses that can trigger an automatic suspension. On the other hand, an accumulation of minor infractions can lead to a suspension. Georgia also increases the suspension period depending on the offense and the offender’s driving record.

Question 6

Average Payout For a Pedestrian Hit By a Car in Georgia

Accepted Answer

The most recent available data shows that the average combined costs for nonfatal pedestrian accident victims are $337,309. This combined cost represents all the medical, work loss, and quality of life costs associated with the accident.

Question 7

Can You Claim an Accident Without a Police Report?

Accepted Answer

In Georgia, you can file an insurance claim without a police report. However, filing your claim with a  can help make the process smoother and increase the likelihood of a successful claim.

Question 8

Can a Decatur, GA car accident attorney negotiate with my insurance company for me?

Accepted Answer

Absolutely. A car accident attorney can and should negotiate with your insurance company on your behalf. A Montlick car accident attorney can handle all communication and negotiations with the insurance company, ensuring that they take your claim seriously and offer a fair settlement.

Question 9

What if I carry some of the blame for my car accident in Georgia?

Accepted Answer

If you are somewhat responsible for a car accident, but not more so than the other driver(s), you might still be able to recover damages for your injuries in Georgia. GA Code § 51-12-33 applies the comparative negligence principle to accident injury claims.

Question 10

How long do I have to file an injury claim after a car accident in Georgia?

Accepted Answer

Generally, the statute of limitations window for car accident injury and wrongful death cases is two years. If you file a claim after these two years are up, it’s extremely unlikely you’ll be able to recover any damages, even if you’ve been severely injured. 
It can take a thorough Decatur car accident attorney several months to put together a strong case. Gathering evidence, and waiting on insurance companies and the legal system takes time. To preserve evidence and give yourself the best chance at getting the compensation you are truly owed, it pays to contact a car accident attorney right away.

Question 11

Do I really need a lawyer in a spinal cord injury case?

Accepted Answer

These cases tend to see higher amounts of compensation. As a result, insurance companies will fight tooth and nail to deny just compensation. Taking on these well-resourced behemoths alone is unmanageable. Thankfully, representation can put insurance companies on the back foot.

Question 12

Is Settlement Money Taxable?

Accepted Answer

Generally speaking, settlement money is not subject to federal taxes.

Question 13

I Was A Passenger in an Uber/Lyft Accident. What Do I Do?

Accepted Answer

The immediate aftermath of an Uber or Lyft accident is similar to any car accident, but with some additional pieces of information that need accounting for.

Question 14

How to Start a Class Action Lawsuit

Accepted Answer

When products, employers, or services fail to meet expectations, we typically chalk it up as a loss and move on with our day. The money or time we spent might not have been much, so our loss isn’t all that substantial. Sometimes, though, failed expectations carry grave consequences. A defective product can injure.
What is a Class Action Lawsuit?
When numerous people suffer the same or similar injuries because of a single actor or a small group of actors, they can combine their lawsuit into a class action lawsuit. Class action lawsuits are an efficient means of achieving justice because they combine what would otherwise be thousands of smaller claims flooding the justice system. But how do these types of claims originate?
How to File A Class Action Lawsuit
Injured victims, whether due to defective products, false advertising, fraud or more, can file class action lawsuits at the state or federal level. Each state has different requirements to qualify as a class action lawsuit, but the federal government outlines its requirements in Rule 23 of the Federal Code of Civil Procedure.
Speaking with a qualified class action attorney is the first step in any potential lawsuit. A reputable firm should offer a free initial consultation to hear your story, understand the key facts, and analyze them to see if there’s a potential case. If there is a case, that injured person may even become the lead plaintiff by taking the next step in filing a class action lawsuit—the complaint.
A class action lawsuit will start with a complaint, whether at the state or federal level. A complaint isn’t a strongly worded letter or negative review on a website. It’s a formal legal document that outlines the harm the injured party has endured because of a company’s actions and demands a response and remedy
At this point, there isn’t a substantial difference between a class action lawsuit and a standard lawsuit. To qualify as a class action lawsuit, the injured party or parties must satisfy four requirements:

Numerosity
Commonality
Typicality
Adequate Representation

We’ll explain each requirement in more depth, starting with numerosity.
How Many People Do You Need For A Class Action Lawsuit?
Class action lawsuits are actions a particular “class” of people takes against a single party for damages. The class may reside in the same jurisdiction (a state or federal court district), have purchased the same product, or have suffered the same harm at the hands of one company.
Most courts require that at least 40 people suffer from the same exact or very similar harms to qualify as a class. Suppose fifteen people all suffered the same harm from the same company. In that instance, a judge would recommend that these fifteen plaintiffs pursue individual personal injury claims.
In some class action lawsuits, millions of class members may be spread across the country. The courts are less concerned about the maximum number of plaintiffs but want to ensure that these plaintiffs can be identified.
Other Requirements for Class Action Lawsuits
A class of hurt individuals isn’t enough to qualify as a class action lawsuit. A judge will consider whether the harms were sufficiently similar, whether the lead plaintiff(s) harm was typical of the class, and whether the class is adequately represented by the lead plaintiff.
Commonality
If thousands of cases were brought for a single harm, the cases might be decided differently, creating thousands of standards nationwide. One of the benefits of class action lawsuits is that they can set a standard for companies.
That’s why an essential standard for class action lawsuits is that all the class members must have suffered the same harm. This is known as the community standard, which outlines that there must be a question of law or fact common to all class members.
Typicality
Courts will also assess whether the lead plaintiff, who brought the original complaint, suffered harm typical of class members. In a situation where the lead plaintiff suffered much more than the norm, a judge would encourage that plaintiff to pursue their claim separately from the rest of the class.
Likewise, if everyone suffered to varying degrees such that there isn’t a typical plaintiff, then there isn’t a viable class action lawsuit. Attorneys will struggle to negotiate a settlement or argue for damages that are fair to everyone involved. Courts will also find it challenging to approve settlements that might minimize some plaintiffs’ harms while exaggerating others.
Adequate Representation
Courts require that attorneys bringing class action lawsuits have experience handling claims of this size and magnitude. Class action lawsuits can take three years on average from complaint to settlement, which is why an experienced attorney is critically important. However, adequate representation doesn’t just apply to the lawyers involved.
They also want to ensure that the class is adequately represented by the lead plaintiffs who are actively participating in the case. The lead plaintiff(s) will be the most involved in the case and may receive an additional payment in a settlement. For that reason, the courts want to ensure those lead plaintiffs share the same interests as the class at large.
How Much Does it Cost to Start A Class Action Lawsuit?
There aren’t typically any upfront costs associated with starting a class action lawsuit. Instead, the attorneys on the case work on a contingency fee basis in most cases. This means that they receive a portion of the total settlement rather than accepting payment upfront.
Working on a contingency fee structure offers an affordable pathway for plaintiffs to bring their cases forward.
How to Join a Class Action Lawsuit
Most class action lawsuits are ‘opt-out’ lawsuits. This means that potential class members are included in the suit unless they specifically ask to be excluded. If you believe you may be a class member in a class action lawsuit, there’s no action you need to take until it comes time to claim your potential portion of the settlement.
Most class members are unaware that a lawsuit is in progress until a settlement is announced. Affected class members may learn about the lawsuit when they receive a class notice. This document informs them that they are likely a party to the suit and the process for receiving compensation.
When a class member has suffered worse harm than most, when their injury was atypical of other class members, they may want to exclude themselves from the case. Otherwise, they can simply follow the instructions in the class notice.
How Much Money Do You Get From A Class Action Lawsuit?
People often wonder, “What is the average payout for a class action lawsuit?” At the total level, the average settlement is around $50-60 million, but the average class member&#8217;s payout can range widely.
Class action lawsuits evenly distribute the settlement amount among the class members, meaning a higher total settlement leads to higher payouts for the eligible class members. Payouts can range from $10 to $10,000 or more, depending on the claim and the class members&#8217; injuries.
The lead plaintiffs are typically awarded higher compensation for their more active participation in the case. Unclaimed dollars are either awarded to charitable organizations, spread among the identified class members, or returned to the defendants.
Montlick. Real Help Begins Here®
The products we buy, where we choose to live and, the services we use, signal our trust in those institutions. A defective product or toxic chemicals can leave us searching for answers as we face diagnoses and mounting medical bills. You may feel like you’ve suffered a random accident, and there’s nothing you can do. Who will help you demand justice?
Don’t suffer in silence. Talk to Montlick instead. Our experienced attorneys understand class action lawsuits and know what it takes to win for our clients. We’ve built a reputation fiercely defending our clients for over 40 years. Our class action attorneys are fighting for victims affected by Camp Lejeune&#8217;s toxic groundwater, hair Relaxer-caused cancers, and the BioLab fire in Rockdale County, Georgia. If you’ve suffered similar harms there may be compensation available to you too.
Contact us today to see how Montlick can make a difference. Your initial consultation is free.

Question 15

What is the Average Car Accident Settlement Amount?

Accepted Answer

The average payment for a car accident varies depending on the type of auto accident and the unique facts of the case. In Georgia, the average settlement for the different types of auto accident claims are:
Car Accident: $20,000-$25,000
Motorcycle Accident: $50,000-$150,000
Commercial Truck Accident: $50,000-$150,000
Pedestrian Accident: $40,000-$100,000

Question 16

What if I’m partially at fault for my accident?

Accepted Answer

Georgia follows a modified comparative negligence rule, meaning, generally, if the plaintiff is found partially at fault for their injury, their compensation will be reduced by their percentage of fault.

Question 17

What happens if I was injured at work in Georgia?

Accepted Answer

Report your injury to your employer immediately. GA Code § 34-9-80 requires that workplace injuries be reported within 30 days, but it’s best to do it as soon as possible to avoid any disputes about when or how the injury occurred. Make sure the report is in writing and that you keep a copy for your records.

Question 18

What is the statute of limitations in Georgia personal injury cases?

Accepted Answer

The statute of limitations for personal injury cases in Georgia is typically two years from the date of the injury. The statute of limitations window is also two years in a wrongful death case.
Some special circumstances can affect the window:

Question 19

Can a personal injury attorney negotiate with insurance companies for me?

Accepted Answer

A personal injury attorney can negotiate with insurance companies on your behalf.

Question 20

What Happens if You Get Caught Working While on Workers&#8217; Comp?

Accepted Answer

An accident that causes you to miss work can lead to significant disruptions. Doctor’s appointments, complicated forms, and bills only add stress to your injury. What happens when you start working again to cover expenses? A workers’ compensation attorney can help advise you on how to return to work wisely.
Understandably, you might want to return to work while recovering. When an injury puts you out of work, it also puts you out of your routine. Workers’ compensation benefits might not cover all your typical bills. You might get a new job or return to work as you recover. But what happens if you get caught working while on workers’ comp? Are there consequences? How does this impact your workers’ compensation claim?
What is Workers’ Compensation?
Workers’ Compensation is an insurance program for workers who sustain injuries during the course of their employment. Workers’ compensation covers most, but not all, employers. If an employee is injured during work, they may be entitled to compensation for medical bills, wages, and disability benefits.
Medical Benefits
Your employer’s insurance will pay for qualifying medical bills in a workers&#8217; compensation claim. Qualifying medical bills are for the treatment of the covered injury. They can include hospital visits, prescription drugs, and physical therapy. In some states, they may include necessary travel expenses, like reimbursement for mileage. It’s important to note that workers must typically go to employer-approved doctors. In some states, you can request a change in doctors from a provider-approved panel.
Wage Benefits
In many states, workers’ compensation provides wage replacement benefits to workers who cannot return to work permanently or temporarily after their injury. There is typically a waiting period ranging from three to seven days after the injury occurs or is reported. In many workers’ compensation claims, the wage benefit is a percentage of the injured worker’s average weekly wage subject to a state maximum.
Disability Benefits
Some injuries at work may lead to disabilities. These disabilities may be temporary and total, temporary and partial, permanent and total, and permanent and partial. The injured worker or their dependents receive benefits based on whether the disability is total or partial. The duration for which workers’ compensation pays those benefits depends on whether the disability is permanent or temporary.
Can You Work While on Workers’ Compensation?
Generally speaking, workers cannot work while receiving workers’ compensation benefits without notifying their employer. Workers’ compensation benefits provide a portion of the injured worker&#8217;s lost earnings alongside medical and disability benefits. Working without informing the employer can constitute fraud or theft in some states.
However, there are some states where the law expects you to work while receiving medical benefits under workers’ compensation. There’s variation between those states, so it’s worth looking at them in more detail below.
What Happens if You Get Caught Working While on Workers’ Comp in Georgia?
Knowing some specifics about Georgia’s workers’ compensation law can help answer this question fully.
Georgia Workers’ Compensation
Georgia law requires most businesses with more than three regular employees (full or part-time) to carry workers’ compensation insurance. Georgia’s workers’ compensation program is generally a no-fault exclusive remedy accident insurance program. No-fault means that the program does not consider granting benefits based on who caused the accident or injury. As an ‘exclusive remedy,’ employees cannot hold their employer liable for the injury when they accept workers’ compensation benefits.
Georgia workers’ compensation provides the medical, wage replacement, and disability benefits outlined above. The weekly wage benefit provides qualified injured workers with two-thirds of their average weekly wage up to a state maximum, subject to changes. Workers qualify for these benefits if they miss work for more than seven days. Georgia determines an injured worker’s average weekly wage by taking the sum of all your earnings in the 13 weeks before the claim divided by 13.
Caught Working While on Workers’ Compensation
An injured worker receives benefits from workers’ compensation to make them closer to their pre-injury earnings. The expectation is that the worker is recovering from their injury and cannot work. If an injured worker receives wage replacement benefits and the insurance company, employer, or citizen catches them working without reporting their earnings, that may constitute insurance fraud.
In Georgia, the punishment for this type of fraud could be a fine of up to $10,000.00 per violation and prison time of up to twelve months. However, there are other cases where working while on workers’ compensation is permitted.
Returning to Your Original Job
A doctor may allow an injured worker to return to work with restrictions as recovery progresses. This is commonly known as ‘light duty.’ A typical example of these restrictions is limits on the weight the injured worker can lift.
If the employer provides light-duty work and the employee can earn the same average weekly wage as before the claim, then the wage replacement benefits end. If there are qualifying medical and disability payments, those may continue for a determined set of weeks.
If working ‘light duty’ reduces pay, the injured worker should report their new earnings to Georgia’s State Board of Workers’ Compensation. They may qualify for a reduced wage benefit to make up to two-thirds of the difference between their pre- and post-injury earnings up to Georgia’s maximum. If the employee or employer fails to report or misrepresents those earnings, that may constitute fraud.
What if I Start Another Job?
Sometimes, a doctor may clear an injured worker for light duty, but the employer doesn’t have light duty available. The injured worker may decide to seek out other employment for many reasons. In these instances, the injured worker must report their earnings to their former employer and the Board. Like light duty work, benefits may be available if the earnings at the new job are less than the average weekly wage from before the injury.
What If I Worked Two Jobs Before I Was Injured?
It’s common to hold multiple jobs at the same time. The law calls this, ‘concurrent employment.’ Sustaining a covered injury at one job may prevent a worker from working at their second job. What happens in these cases?
If the employers are similar, workers’ compensation considers the wages of both jobs when determining the average weekly wage for the past 13 weeks. Generally, courts consider employment similar when it involves similar tasks and duties, not when the employers are in similar industries.
It’s possible that a worker can return to one job but not the other, in which case the same rules would apply. To maintain benefits and avoid potential criminality, workers should report any earnings they receive while on worker’s compensation in Georgia.
Can You Work While on Workers’ Comp in Alabama?
Workers’ Compensation law in Alabama differs from Georgia&#8217;s, so it’s worth understanding some of Alabama’s unique provisions before seeing how they impact working while receiving workers’ compensation benefits.
Workers’ compensation is generally a no-fault exclusive remedy in Alabama that provides medical, wage replacement, and disability benefits. Some exclusions apply, and in some instances, an employee may be able to hold an employer liable for the injury.
Unlike Georgia, the waiting period is shorter at three days rather than seven. Workers can qualify for payments after a work injury keeps them from work for more than three days. If the injury lasts longer than 21 days, workers’ compensation will pay for the first three days.
Also, the average weekly wage is determined using the prior 52 weeks rather than 13, as in Georgia. Alabama sets the wage replacement benefit at two-thirds of the average weekly wage. However, Alabama has a different maximum than Georgia.
Like Georgia, there are a variety of complex situations regarding working while on workers’ compensation.
Returning to Work in Alabama
Alabama workers’ compensation law contains provisions similar to those of light duty in Georgia, allowing doctors to recommend a return to work with restrictions. If the earnings are less than before the injury, Alabama workers are entitled to two-thirds of the difference between their earnings before and after the injury.
Working a Second Job Before Injury
If workers had two or more jobs when injured at work, all their earnings may count towards their average weekly wage. The primary consideration in Alabama is whether or not the employers were subject to Alabama’s employer requirements.
In other words, if the law requires all the injured worker’s employers to pay workers’ compensation benefits, then the injured worker can count their earnings from those employers to determine their average weekly wage.
Suppose a doctor clears the worker to return to one but not the other job. In that case, the worker should report their earnings to the workers’ compensation provider to ensure they receive the correct benefits until they can return to the other job or the claim ends. Failure to do so could result in all the benefits terminating.
Can I Get A New Job While on Workers’ Compensation?
During recovery, an injured worker might want a new job. Generally speaking, obtaining new employment while on workers’ compensation is treated like returning to work at your original employer.
According to the AL Code § 25-5-57 (2023), an injured worker should report their new job, earnings, and contract to their former employer in writing. Temporary partial disability payments cease until the former employer receives the written affidavit.
It’s generally advised that any new job an injured worker accepts stays within their doctor’s orders. Working strictly within those parameters makes it harder for the former employer to reject partial or total disability benefits, claiming that you can do the same work as before the injury.
Penalties for Working While on Workers’ Compensation
As seen above, working while on workers’ compensation is legal in a few situations. However, if a worker decides to return to work but fails to report new earnings or tries to misrepresent those earnings, it could lead to significant punishment in Alabama.
It’s important to remember that employers purchase workers’ compensation policies through insurance companies. Paying out claims cuts into insurance companies’ bottom lines, so it is in their interest to find reasons to stop paying benefits. These companies have the staff and resources to investigate suspected fraud and bring cases against injured workers.
In Alabama, knowingly making false statements—like not reporting earnings—in workers’ compensation claims is considered a Class C felony. If convicted, Class C felonies carry a sentence of one to ten years in prison and a $5,000 fine.
What Are You Allowed to Do While on Workers’ Comp in Florida?
In Florida, Workers’ Compensation provides injured workers with medical, lost wage, and disability benefits while they recover from injury. Florida expects injured workers to rest and heal rather than work while receiving workers’ compensation benefits.
Florida Workers’ Compensation Law
Florida is another no-fault state for workers’ compensation. Like Georgia and Alabama, the lost wage benefit pays two-thirds of the injured workers’ average weekly wage based on the average of the 13 weeks before injury. It also has a maximum average weekly wage, which is updated yearly.
The employer’s workers’ compensation insurer will provide an authorized physician, pay for qualifying medical care, and pay disability and lost wage benefits. Like Alabama, Florida’s benefits don’t start until the eighth day a worker cannot work. If a worker is out of work for more than 21 days, they can receive benefits for the first seven missed days.
Can You Work While on Workers’ Compensation?
Generally speaking, you cannot continue working while receiving workers&#8217; compensation benefits. As in other states, Florida workers’ compensation intends to assist a worker as they recover from an injury temporarily. Returning to work or starting new employment demonstrates that the injury was not disabling or that the worker fully recovered. In either case, benefits will end.
Like those in Alabama and Georgia, workers in Florida cannot work ‘under the table’ or off the books to receive income and lost wages benefits. In addition to insurance companies vigilant for fraud, Florida has an entire Bureau of Workers’ Compensation Fraud tasked with finding and investigating workers’ compensation fraud cases.
Workers’ compensation fraud is a felony offense in Florida. Depending on the amount of the fraud, a conviction could result in up to 30 years of prison time. It’s also important to know that while your employer isn’t obligated to reserve an injured worker’s job, they cannot fire a worker for filing a workers’ compensation claim. Nor can they coerce an injured worker to return to work before a doctor has cleared them.
It’s best to consult with a trusted workers’ compensation attorney to better understand what is required when working while receiving workers’ compensation benefits.
Return to Work Rules in Florida
Once a doctor determines that an injured worker has reached their maximum medical improvement—continued treatment can’t improve their condition further—they will recommend a return to work. The return to work may be a complete return to work or a light-duty assignment. If it&#8217;s a complete return to work and there are no permanent disability benefits, then the workers’ compensation claim is complete.
However, if it is a light-duty assignment, the claim may remain open if light-duty results in reduced earnings for the injured worker. In Florida, if the restrictions cause a loss of more than 20 percent of pre-injury earnings, there may be temporary partial disability benefits to make up a portion of the difference.
If the doctor clears a worker for light duty but no light-duty assignment is available, it could jeopardize benefits. According to FL Stat § 440.15 (2023), failure or refusal to return to work results in forfeiture of lost wage benefits. An injured worker who doesn’t have light-duty work available should have their employer notify the workers’ compensation provider immediately in these cases.
What if I Work Multiple Jobs?
Florida, like Alabama, allows injured workers to factor in wages from multiple employers in their workers’ compensation claims. As long as those employers are required to have workers’ compensation insurance, workers can count those wages.
An injured worker should wait until a doctor clears them before returning to any of their jobs, regardless of if it was the one they were injured on. If a doctor recommends a worker go on light duty at one job but not the other, it’s essential to disclose those earnings to the other employer. Doing so can avoid a complete termination of lost wage benefits and any accusations of fraud. Especially if working one but not both jobs results in less average weekly earnings than before the injury.
Medical benefits should also continue after a worker returns to light duty at one of their jobs. Again, failure to notify employers of these changes could result in the provider cutting off all benefits. A loss in benefits could be problematic if a worker is reinjured while working light duty.
Can You Collect Workers’ Comp and Still Work in Tennessee?
In some instances, working while still receiving partial workers’ compensation benefits in Tennessee is possible. Whether one continues or returns to work depends on various factors, so it’s important to fully understand Tennessee’s workers’ compensation laws.
Tennessee Workers’ Compensation
Tennessee workers’ compensation law is similar to the other three states discussed above. It is a no-fault exclusive remedy for workers designed to disburse benefits quickly so workers can return to normal.
Tennessee workers’ compensation provides medical and partial wage replacement benefits, which include temporary and permanent disability benefits. Tennessee calculates partial wage replacement benefits at two-thirds of the injured worker’s average pre-injury weekly wage. Unlike other states, Tennessee allows a maximum benefit of up to 110% of the average weekly wage.
Can I Keep Working at My Job?
Typically, you cannot continue working while receiving workers’ compensation benefits in Tennessee. Tennessee employers expect and understand that the injury sustained at work, called a compensable injury in Tennessee, prevents you from working.
In certain circumstances, Tennessee might consider continuing to work or starting a new job while receiving workers’ compensation benefits, a type of theft punishable by fines and imprisonment.
As in other states, this can depend on whether a doctor cleared an injured worker to return to work, the new employment, and whether the injured worker notified their employer of their job.
Light-Duty in Tennessee
During recovery, there may come a time when the approved physician clears the injured worker to return to work with restrictions. In Tennessee, like in other states mentioned above, this is known as ‘light-duty.’
Workers cleared for light duty must report to work. Otherwise, providers may terminate temporary disability benefits. Workers should provide detailed documentation from their doctor regarding their restrictions at work to ensure their employer can meet all those recommendations.
If the light duty work results in lower earnings than before the injury, the temporary partial disability benefit provides two-thirds of the difference between the pre-injury and light duty wages.
What if I Work a Second Job?
If an injured worker had two jobs when their injury occurred, Tennessee requires that both employers provide workers’ compensation benefits to the injured worker. The main exception is that Tennessee’s workers’ compensation laws must cover both employers.
Again, an injured employee who can return to one job but not the other should disclose those earnings to the other employer to avoid accusations of theft and to maintain potential benefits. The worker should only perform the duties permitted by the doctor to prevent attempts by the employer or their insurance to terminate benefits. Tennessee, like many other states, has programs in place to report and investigate fraud.
	
		U6YHhqCghJQ		
		
	
	
Montlick. We Work While You’re On Workers’ Comp.
Navigating a workers’ compensation claim alone can be overwhelming. There are the challenges of recovering from an injury, coupled with the stress and fear that come with uncertainty. Unfortunately, insurers want you to feel this way because it lets them give you less. That mistreatment strains budgets and pressures an injured worker to start working again.
At Montlick, we have an experienced team of workers’ compensation attorneys who advocate for our clients before the insurance company has a say. We help our clients throughout their claims, fighting for the maximum compensation they’re owed.
Contact us today to see how Montlick can make a difference. Your initial consultation is free.

Frequently Asked
Questions

What are ICD-10 Codes for Motor Vehicle Accidents

What Happens If Someone Else is Driving My Car and Gets in an Accident?

Who is at Fault in a 4-Way Stop Accident?

What Happens if You Total a Car? (Financed, Leased, and Insurance Scenarios Explained)

How Long Can Your License Be Suspended in Georgia?

Average Payout For a Pedestrian Hit By a Car in Georgia

Can You Claim an Accident Without a Police Report?

Can a Decatur, GA car accident attorney negotiate with my insurance company for me?

What if I carry some of the blame for my car accident in Georgia?

How long do I have to file an injury claim after a car accident in Georgia?

Do I really need a lawyer in a spinal cord injury case?

Is Settlement Money Taxable?

I Was A Passenger in an Uber/Lyft Accident. What Do I Do?

How to Start a Class Action Lawsuit

What is the Average Car Accident Settlement Amount?

What if I’m partially at fault for my accident?

What happens if I was injured at work in Georgia?

What is the statute of limitations in Georgia personal injury cases?

Can a personal injury attorney negotiate with insurance companies for me?

What Happens if You Get Caught Working While on Workers’ Comp?

Frequently Asked Questions

Related Pages

What are ICD-10 Codes for Motor Vehicle Accidents

What Happens If Someone Else is Driving My Car and Gets in an Accident?

Who is at Fault in a 4-Way Stop Accident?

What Happens if You Total a Car? (Financed, Leased, and Insurance Scenarios Explained)

How Long Can Your License Be Suspended in Georgia?

Average Payout For a Pedestrian Hit By a Car in Georgia

Can You Claim an Accident Without a Police Report?

Can a Decatur, GA car accident attorney negotiate with my insurance company for me?

What if I carry some of the blame for my car accident in Georgia?

How long do I have to file an injury claim after a car accident in Georgia?

Do I really need a lawyer in a spinal cord injury case?

Is Settlement Money Taxable?

I Was A Passenger in an Uber/Lyft Accident. What Do I Do?

How to Start a Class Action Lawsuit

What is the Average Car Accident Settlement Amount?

What if I’m partially at fault for my accident?

What happens if I was injured at work in Georgia?

What is the statute of limitations in Georgia personal injury cases?

Can a personal injury attorney negotiate with insurance companies for me?

What Happens if You Get Caught Working While on Workers’ Comp?

Taking you from Hurt to Hopeful

Frequently Asked
Questions