Important: We updated this article in February 2025 after checking current TN workers’ compensation law. Were you hurt in a work-related accident recently in the Volunteer State? Then you may qualify to file an application for Tennessee workers’ compensation benefits with your employer’s insurer. However, not every worker in this state automatically has insurance coverage, and there are strict eligibility rules in place.
We explain how to qualify, where to get medical treatment, how to appeal a denial and more helpful info below.
Tennessee Workers’ Comp Benefits Guide: Key Takeaways
- Tennessee law states your employer is responsible for providing your medical care unless your life is in danger. This means you must tell your manager before you seek treatment unless you could potentially die from your work injury.
- Your first week off after a work-related injury is always unpaid until after you miss 15 total work shifts under state law.
- If the doctor says you can return to work right away, then workers’ comp insurance will only cover your medical costs.
- How many employees work at your job generally determines whether or not you have workers’ comp coverage. By law, any TN business with five or more employees must provide workers’ compensation insurance. Construction or mining industry employers with just one employee must also have coverage.
Who Has Coverage Under the Tennessee Workers’ Compensation Act?
With few exceptions, every Tennessee business with at least 5 employees must carry workers’ comp insurance. This includes all eligible part- and full-time employees starting on day one at work, even if you’re undocumented. However, employers in the mining or construction industry with just one employee must also have workers’ compensation coverage. That said, state law also automatically excludes certain types of workers from this coverage requirement, including:
- Domestic laborers
- Farm workers
- Federal employees, including elected officials, USPS workers, etc.
- Independent contractors
- Workers employed by municipal or state government offices
How to File a Tennessee Workers’ Compensation Claim
Important: If your life is in danger because of a work-related injury, seek emergency care before notifying your employer.
Otherwise, most injured workers should follow this process:
1. Notify your manager about your work injury as soon as possible, and before you see a doctor for medical care.
You must notify your supervisor within 15 calendar days of your work-related injury or illness or lose your right to claim any benefits. Be sure to write down the following info and keep a copy for your own records:
- Time, date, and location of your work accident
- The situation that led to your incident and what type of workplace injury or illness you have
- Contact information and names of any witnesses who saw it happen
2. Your employer must then give you a list of doctors authorized to treat your injury or illness within 72 hours.
This list should include 3 physicians with prior approval from the insurance company for you to choose from. If your employer refuses to accept your notice or report your injury to their insurance company, call 1-800-332-2667 to contact an ombudsman.
3. Once you see a doctor, your employer must notify their Tennessee workers’ compensation insurance provider using Form C-20.
The claims adjuster for your employer’s insurance carrier must contact you within 48 hours to ask you any additional questions.
4. Your claims adjuster then has 14 calendar days to either approve or deny your workers’ compensation application for benefits.
If approved, you must complete and file Form C-42 showing which 3 doctors the insurance company authorized for ongoing treatment. Be sure to keep a copy of any forms you sign for your records in case you need to appeal!
5. You must miss at least 7 work shifts before you become eligible for disability benefits to replace any lost income.
If you can start working again in less than a week, you won’t get any ongoing workers’ compensation benefits. However, if you’re off for more than 15 days, you will get paid for that first missed work week.
6. Denied benefits? You have one year from your injury or diagnosis date to appeal and dispute that decision.
You can do this by filing a Petition for Benefit Determination Form with the Tennessee Bureau of Workers’ Compensation.
How Much Are Workers’ Compensation Payments in TN?
You can receive 66 2/3% of your Average Weekly Wage (AWW) to replace part of your lost wages until you start working again. A surviving spouse and eligible family members may also qualify for death benefits for workers killed on the job. This includes up to $10,000 for funeral and burial expenses, plus ongoing disability benefits until:
- All dependent children are at least 18 years old, OR
- Surviving spouse remarries, dies, or turns 67 years old
Medical benefits should cover the following expenses until you reach Maximum Medical Improvement (MMI) or go back to your job:
- Doctor visits
- Prescription drugs required to treat your injury
- Physical therapy
- Tests, scans, labs, blood work, surgery, or hospital stay costs
- Related expenses for required treatments, such as mileage, gas, parking fees, etc.
Pro Tip: Injured workers who can never work again may wish to apply for TN disability benefits from the Social Security Administration.
Recent Workers’ Comp Claim Statistics In TN
To understand more about workers’ comp in TN, take a look at this data from the Bureau of Labor Statistics from 2019 to 2023:
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It shows:
- Total workplace injury claims in TN
- How many injured workers had to change jobs, miss work, or receive restrictions
- Claims for work-related injuries in service providing jobs, like wait staff or Realtors
As you can see from the chart above, total workers’ comp insurance claims in TN fell 9% from 2019 to 2023. You may also find it interesting to note that service-providing workers file 62% to 64% of claims in any given year. In addition, not every injured worker who files a claim gets partial wage replacement benefits. Rather, those make up about 52% to 60% of workers’ compensation insurance claims from 2019 to 2023.
Learn more about workers’ compensation benefits.
Consult an Attorney Who Understands Tennessee Workers’ Compensation Law
Fighting a supervisor who refuses to report your injury or already denied you benefits? You may benefit from contacting a workers’ comp lawyer who understands how to best protect your legal rights.
Consider working with an experienced workers’ comp attorney for a free claim evaluation. State law in TN says your attorney cannot charge more than 20% of your final settlement award in legal fees. And if you don’t win, then your lawyer charges $0 for helping negotiate your case.
Ready to see if you may qualify? Click the button below to start your free online benefits evaluation now:
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Lori Polemenakos is Director of Consumer Content and SEO strategist for LeadingResponse, a legal marketing company. An award-winning journalist, writer and editor based in Dallas, Texas, she's produced articles for major brands such as Match.com, Yahoo!, MSN, AOL, Xfinity, Mail.com, and edited several published books. Since 2016, she's published hundreds of articles about Social Security disability, workers' compensation, veterans' benefits, personal injury, mass tort, auto accident claims, bankruptcy, employment law and other related legal issues.
