Detailed Answer
When an accident-related injury prevents you from working, Tennessee law offers several paths to recover lost wages. Each path depends on how and where your injury occurred. Below are the primary options:
1. Workers’ Compensation Benefits
If you injure yourself on the job, you can file a workers’ compensation claim. Tennessee’s Workers’ Compensation Law (Tenn. Code Ann. Title 50, Chapter 6) requires most employers to carry insurance that covers medical expenses and wage replacement.
- Eligibility: You must prove your injury arose “out of and in the course of employment.” See Tenn. Code Ann. § 50-6-101.
- Temporary Total Disability (TTD): If your doctor confirms you cannot work at all, you may receive two-thirds of your average weekly wage, subject to statutory maximums. See § 50-6-207.
- Reporting Deadlines: You must report the injury to your employer within 30 days. You then have one year to file a claim with the Tennessee Department of Labor and Workforce Development.
2. Third-Party Personal Injury Lawsuit
If a non-employer third party caused your accident—such as a negligent driver or property owner—you can file a personal injury lawsuit for lost wages and other damages.
- Negligence Elements: You must show the other party owed you a duty of care, breached that duty, and that breach caused your injury and lost income.
- Statute of Limitations: You generally have two years from the date of injury to sue. See Tenn. Code Ann. § 28-3-104.
3. Disability Insurance Benefits
If neither workers’ compensation nor a successful lawsuit covers all your lost wages, check any disability insurance policies:
- Short-Term Disability: Many employers offer group plans that pay a percentage of your salary for several weeks.
- Long-Term Disability: These plans may pay up to age 65 or longer, depending on policy terms.
- Private Versus SSDI: You can apply for Social Security Disability Insurance (SSDI) through the federal Social Security Administration if you have sufficient work credits.
4. Automobile Insurance Coverage
If a car accident caused your injury, review your or the other driver’s insurance policy. Tennessee allows optional medical payment coverage that may cover lost wages.
- Uninsured/Underinsured Motorist: You can recover lost wages up to policy limits if the at-fault driver lacks adequate coverage. See Tenn. Code Ann. § 56-7-120.
Disclaimer: This article provides general information about Tennessee law. It does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Document your injury and lost time with medical records and employer reports.
- Meet all notice and filing deadlines to preserve your rights.
- Keep pay stubs and earnings history to calculate your average weekly wage.
- Notify your insurance carriers promptly after any accident.
- Consider talking to both a workers’ compensation lawyer and a personal injury attorney if multiple parties share liability.