Employees who have suffered a compensable workplace injury are entitled to receive the following:
A. Disability Benefits:
If the employee’s injury is determined to be compensable and the employee is unable to work, temporary benefits will be paid. Compensation is not paid by this division, but by the employer's insurance carrier, unless the employer is self-insured. If the employer is self-insured, compensation is paid directly by the employer or its representative.
Weekly benefits are paid if the authorized treating physician finds that the employee is unable to work due to the injury and misses more than seven days of work. If the employee is out more than 14 days, benefits will be paid from the first day the physician finds that the employee is unable to work due to the injury.
The Workers' Compensation Law sets limits on the maximum and minimum amounts of weekly compensation paid to injured employees. The average of the employee's gross wages will determine the weekly rate. The amount of the benefits are calculated using two-thirds of the employee's average weekly wage over the 52 weeks prior to the injury.
B. Medical Benefits:
The employer should provide the employee an Agreement Between Employer/Employee Choice of Physician" (Form C-42) as explained here.
If specialized treatment is required, the authorized treating physician may refer the employee for such specialized treatment at which time another panel of specialized physicians should be offered.
Medical treatment, at no cost to the employee, extends for as long as required by the authorized treating physician. If appropriate, the physician will provide the employee with off-work excuses and light or restricted duty limitations. It is very important that the authorized treating physician's instructions and restrictions be followed at all times.
Mileage reimbursement for travel to and from medical treatment is allowed if travel, either to or from medical treatment, exceeds 15 miles. The mileage rate is based on current mileage allowance for Tennessee state employees.
C. Permanent Disability and Final Settlement:
When the injury has healed and maximum medical improvement (MMI) is reached, the injured employee will be released from the physician's care.
If the injured employee does not recover completely, the physician should assign a permanent impairment rating.
The impairment rating, combined with vocational factors, may result in a permanent disability award.
D. Death Benefits:
For death-resulting injuries, occurring on or after May 19, 2017, the burial expenses is $10,000.00. Amounts paid are not to exceed $7,500.00 for deaths occurring prior to May 19, 2017.
When an injury results in the death of a covered employee, benefits are available to the surviving dependents.
When the deceased employee leaves no dependents, $20,000 shall be paid to his or her estate.