Detailed Answer
Under Tennessee law, you can pursue several avenues to recover wages lost after an accident that leaves you unable to work. Common options include:
1. Workers’ Compensation Benefits
If your injury is work-related, you may qualify for temporary total disability (TTD) benefits under Tennessee’s Workers’ Compensation Act. You must report your injury to your employer within 30 days (Tenn. Code Ann. § 50-6-201). The insurer typically pays two-thirds of your average weekly wage, subject to statutory maximums. For more details, see the Tennessee Department of Labor & Workforce Development Workers’ Compensation page.
2. Third-Party Personal Injury Claims
If a party other than your employer caused the accident—for example, a negligent driver—you can file a personal injury lawsuit. In Tennessee, you generally have one year from the injury date to sue for personal injuries (Tenn. Code Ann. § 28-3-104). Through a negligence claim, you can seek past and future lost wages, medical expenses, and non-economic damages like pain and suffering.
3. Uninsured/Underinsured Motorist (UM/UIM) Coverage
If you’re injured in a car accident caused by an uninsured or underinsured driver, you can claim lost wages under your own auto insurance policy’s UM/UIM coverage. State law requires insurers to offer UM/UIM in Tennessee. Check your policy limits and file promptly after the accident.
4. Short-Term and Long-Term Disability Insurance
Private disability plans—either through your employer or purchased individually—can replace a percentage of your income if you’re temporarily or permanently disabled. Review your policy’s waiting period, benefit duration, and exclusion clauses.
5. Social Security Disability Insurance (SSDI)
If you cannot work for a year or more due to your injuries or have a medical condition expected to last at least 12 months or result in death, you may apply for SSDI through the Social Security Administration. SSDI benefits can supplement wage losses but require strict medical documentation.
Statute of Limitations: For personal injury claims, Tennessee’s one-year deadline under Tenn. Code Ann. § 28-3-104 applies. For workers’ compensation, you must report within 30 days and generally file your claim within one year of injury (Tenn. Code Ann. § 50-6-203).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.
Helpful Hints
- Report your injury immediately to protect your right to workers’ comp benefits.
- Preserve evidence: photos, medical records, and witness statements.
- Track all out-of-pocket expenses and lost pay stubs.
- Review your insurance policies for UM/UIM and disability coverage details.
- Consult an attorney early to avoid missing critical deadlines.