What Qualifies as a Workers Comp Claim? | Johnson City

If an authorized treating physician determines that an individual has suffered a work-related injury, that person may be entitled to receive workers compensation for medical expenses, travel costs, wage replacement, and partial or permanent disability.

Workers’ compensation insurance protects workers who are injured in a workplace accident or by an occupational illness, regardless of who is at fault (even if the employee unintentionally causes the accident).  Workplace injuries can occur suddenly and without warning, such as a broken bone, or they can occur over the course of time (such as hearing damage or carpal tunnel injuries).

Common workplace injuries include:

  • Back, neck, and arm injuries, often as the result of lifting heavy objects
  • Injuries and strains from repetitive actions
  • Broken bones and lacerations
  • Slips, trips, and falls
  • Injuries from falling objects
  • Exposure to toxic fumes and hearing loss
  • Amputations and other injuries from equipment use

Over $7,000,000,000 in workers’ compensation benefits are paid out to injured workers across Tennessee every year.  These benefits are not provided by the government; instead, they are disbursed by employers through insurance providers or third-party administrators.  Tennessee companies with five or more employees (and those in the construction and coal mining industries with one or more employees) are required by law to carry workers’ compensation insurance.  However, even when companies have workers’ comp insurance, they still often deny legitimate claims, making it difficult for injured employees to support their families and obtain quality medical care.  Call us to schedule a free consultation!

Call Us for a Free Consultation about Your Workplace Injury

Were you (or a loved one) injured on the job and need to apply for benefits or appeal a denied claim? If so, we encourage you to call The Law Offices of Mark T. Hurt to schedule a free consultation.  We represent injured workers on contingency, meaning you will not be required to pay any up-front costs, and you will only pay a fee if we are successful in obtaining compensation on your behalf.   If a trial is necessary, we also advance all litigation expenses while a case is ongoing.

What Types of Benefits Can I Secure Through Workers’ Compensation?

Workers’ compensation is a no-fault system, meaning any worker who is injured on the job (regardless of whether they were partially at fault for an injury) may qualify for benefits.  If you or a loved one suffered a legitimate job-related injury, you might be entitled to compensation for:

  • Medical Treatment. Doctor visits, medical procedures, physical therapy, surgery, prescription drugs, and other medical expenses are generally fully covered, at no out-of-pocket cost to an injured employee while they are unable to work.
  • Transportation. If an individual is required to travel more than fifteen miles for a medical appointment, their transportation costs may be reimbursable.
  • Temporary Partial Disability (TPD) Benefits. If a worker is placed on light duty or restricted to working fewer hours than normal, he or she may be entitled to 66 2/3% of the difference between the gross light duty wages and the employee’s average weekly wage.
  • Temporary Total Disability (TTD) Benefits. If an injured employee is taken off work by a treating physician, then they may be entitled to two-thirds of their average weekly wages (calculated based on earnings from the 52 weeks before the injury). Benefits typically start on the 8th day of disability.
  • Permanent Partial Disability (PPD) Benefits. If an individual suffers a permanent disability due to a work-related injury but can return to a job, he or she may be entitled to 66 2/3% of their average weekly wage (subject to statutory limitations).
  • Permanent Total Disability (PTD) Benefits. If an injured employee is unable to return to any employment, he or she may be eligible to collect benefits until the Social Security retirement age is reached.
  • Death Benefits. If a work-related injury results in the death of an employee, the employee’s surviving dependents may be entitled to wage replacement and burial expense benefits.

When individuals are hurt at work, they (and their families) deserve the benefits needed to cover living and medical expenses.  Workers’ compensation is supposed to partially replace lost wages and cover healthcare costs, helping injured workers focus on recovery.  However, when a claim is denied, it can be devastating.  Unfortunately, insurance companies regularly deny legitimate claims, and victims suffer as a result.

As a Tennessee workers’ compensation lawyer with over two decades of experience, Mark Hurt understands the financial impacts that a traumatic injury can have on a victim and their family.  At The Law Offices of Mark T. Hurt, we represent injured workers on a contingency fee basis, meaning we only charge a fee if we are successful in recovering compensation.  Further, if a trial is necessary, we advance all litigation expenses while a case is ongoing, and these expenses are typically repaid from a settlement or jury award.

When Do Workers’ Compensation Benefits Stop in Tennessee?

Temporary disability payments can cease if any of the following occur:

  • An authorized treating physician releases an injured employee to return to work without restrictions;
  • An injured worker refuses to comply with a reasonable request for medical examination or to accept treatment;
  • An employer or their insurer discovers that payments were made in error; or
  • An injured employee’s treating physician determines the worker has reached maximum medical improvement (MMI), and the compensability of the injury has not been contested.

What is Maximum Medical Improvement?

When an injured worker reaches the point where an injury or illness cannot improve any further, they are said to have reached MMI.  However, this does not necessarily mean that a person is fully healed or recovered; rather, it simply means that treatment will no longer improve their condition.

Why is MMI so important?  When an individual reaches MMI, a worker is deemed to have recovered as much as possible from medical treatment; thus, employers typically no longer will cover medical treatment, as it will have no further effect on a worker’s recovery.   However, employers often prematurely push for or determine that workers have reached MMI (before they actually have), depriving them of much-needed healthcare treatment and rehabilitation.  If this happens to you, we encourage you to call our office immediately, as we can help you seek a second medical opinion and tenaciously fight for the full and fair compensation to which you are entitled.

Can I Sue My Employer and Collect Workers’ Compensation Benefits?

If an employer does not have workers’ compensation insurance, it may be possible to file a lawsuit in civil court.  However, having workers’ compensation insurance typically protects employers from being sued, meaning that an injured worker generally cannot file a lawsuit against an employer for a work injury.  Instead, in most instances, an employee will be limited to receiving worker’s comp benefits from an employer.

Can I Sue a Non-Employer Company If They Were At Fault For My Injury?

While it may not be possible to sue an employer for a work-related injury, other third parties may be partially liable, including contractors, equipment manufacturers, property owners, and others.  Therefore, you may be entitled to bring a lawsuit against such outside parties to hold them accountable.

For example, if a property owner fails to safely maintain their land, and workers are injured because of a hazardous condition on the premises, they could be liable for civil damages.  Alternatively, if a piece of heavy machinery is defective and an individual is injured, the manufacturer and equipment sellers could also be liable.  It is vital to identify all liable parties, as workers’ compensation does not typically cover the full extent of losses, including lost wages, pain and suffering, and other damages.

When you schedule a complimentary consultation with The Law Offices of Mark T. Hurt, we will listen to the facts of your case and identify all potentially liable parties to ensure the greatest chances of securing maximum compensation.

Why Should I Hire a Johnson City Workers’ Comp Injury Lawyer?

If you or your loved one suffered a work-related injury in Johnson City or elsewhere in Tennessee and you have not spoken to an experienced workers’ compensation lawyer yet, contact The Law Offices of Mark T. Hurt right away. We understand how to handle the legal issues that often arise in these types of cases and are committed to obtaining the maximum compensation possible.

When you hire The Law Offices of Mark T. Hurt, we can help lessen your burden and increase the chances of securing full benefits.  We can handle tasks such as submitting documents, filling out forms, and representing you in court.  We can also handle phone calls and emails from employers and insurance companies.  Call our offices today to get started.

What Our Clients Say

I recommend law offices of Mark T Hurt Courtney Cormier was so nice and helped us with our auto accident and personal injury case she done a great job!Thank you Courtney for everything you did!!!
Brandie Billiter-arnett
Brandie Billiter-arnett
14:28 22 May 21
I'm an out of state driver who received a speeding ticket in smyth county. Mark Hurt Law firm helped me get the charge completely dismissed at a very affordable cost! Great Firm , highly recommend!
Luke Robinson
Luke Robinson
21:48 22 Apr 21
A very professional team who understands the stress of being in an accident. Our paralegal, Courtney Cormier, made us always feel as if things were being taken care of and it was nice to be worry free.
Kristina Murray
Kristina Murray
18:29 03 Mar 21
Diana Phipps
Diana Phipps
13:46 03 Mar 21
After my car accident, Mr. Hurt and his team worked very diligently to get me a fair settlement. Courtney Cormier, a paralegal on the team, was an invaluable asset to me. She always kept me informed of everything that was happening. I couldn't have had a better experience.
Caleb & Kristina Murray
Caleb & Kristina Murray
21:54 22 Feb 21
I could not be more pleased with the service I received. He is a wonderful lawyer and he gets the job done.
Country living woman Mountains
Country living woman Mountains
05:52 22 Dec 20
This law firm has great people skills and are very professional and efficient I would definitely recommend anyone to this law firm.
Lucas Green
Lucas Green
18:06 06 Dec 20
Courtney done a very good job with my case at the abingdon va office very quick and efficient great job highly reccomended my auto accident was in may and alreadh we have settled for maximum amount thanks so much
James Smith
James Smith
06:57 05 Dec 20
I contacted the law offices of Mark T. Hurt regarding a traffic ticket I received. Initially I was concerned because I live between Florida and New York, and with Virginia being midway, handling my ticket would be a major inconvenience, and I wanted to keep my record free of any infractions.Choosing Mark T. Hurt to represent me was the best choice I made, and it was further improved with the assistance of Rhonda, who contacted me once they received my request. Rhonda is one of those unique people who has mastered the fine line between being perfectly professional and friendly. Every conversation we had, was made to feel as if I were speaking to a close friend. One of the most appreciated aspects of working with her was her understanding and respectful of my schedule and time.For my work, I have a hectic schedule and very few free moments, so being able to handle things quickly and effectively is a priority for me, and Rhonda understood that and took care of everything as if she knew exactly what I was expecting. I even got sick while working with Rhonda, and her first comment was to wish me well. She also went out of her way to find solutions regarding my traffic citation that worked around my schedule. The price was fair, and when considering the quality of work and more importantly, the quality of people you will be reliant upon to ensure the best possible outcome for whatever your situation is, they can ask for 10x more than what I paid and it would still be worth it.All in all, recommendation for this law office, and for Rhonda herself, could not be higher. If you are searching for someone to represent you in any legal matter whatsoever, this is the office to work with. Thank you again Rhonda.
Al Fortunatti
Al Fortunatti
00:47 07 Nov 20
My lawyer Courtney in charge of my case was very professional, and very responsive to my personal injury and auto claim. She had it settled in a timely manner very polite and I would recommend this office to anyone.
Samantha Mays
Samantha Mays
21:28 06 Nov 20
I would highly recommend this law firm! Courtney helped me with my personal injury case, she answered all my questions and was always responsive throughout the entire process.She advocated for me efficiently and strived for the best possible outcome.
SCTC-Kimberly Dickey
SCTC-Kimberly Dickey
17:16 27 Oct 20
I'm not a Virgina resident and had found this firm through Google. I have a traffic violation case in tennessee and was desperate to get awnsers. This law office's staff was so helpful even though I wasn't able to even be a client, I believe the person who awnsered was Ashley. After their direction on finding another attorney and my case I was able to push my court date back and will be able to find someone to represent me.I'm not even a client, they didn't have to help me at all! I just wish they practiced in the tri cities area! Would recommend this group!
Benjamin Smith
Benjamin Smith
18:34 22 Oct 20
I contacted the affordable Law Offices of Mark T Hunt regarding a ticket I received. They requested certain documents from me, went to court on my behalf and got the ticket dismissed! The entire process was easy, fast and efficient. When I emailed or texted them their response time was impeccable!I would HIGHLY recommend them if you are looking for a professional attorney!
Davina Waller
Davina Waller
16:41 22 Oct 20
Under the circumstances that I had to have an encounter with Mr. Hurt, if I needed another team to represent me, I wouldn't hesitate for a second. The sheer communication that I had with Ashley was phenomenal. I was informed every step of the way. I was directed to each step of the process. I thoroughly enjoyed working with this law firm and would HIGHLY reccomend them. They were able to have my ticket completely dropped with no points added. Thank you all so much for all your hard work you did for me.
Chris Sanders
Chris Sanders
16:56 21 Oct 20
Mark and his team were very professional and courteous. They done a excellent job with my traffic ticket. I would highly recommend them.
Shannon Hanes
Shannon Hanes
16:26 21 Oct 20
My son got a speeding ticket in Virginia going back to school in Alabama. We contacted Mark Hurts office and they were very responsive and handled the entire situation for us.
Mary Ellen Fennell
Mary Ellen Fennell
22:54 20 Oct 20
The Law Offices of Mark Hurt made the process of dismissing my ticket so effortless! They were told me all the steps I needed to take to make Mr. Hurt’s job easier, and he was able to dismiss my ticket! I’m so thankful I used Mark Hurt to represent me in court. I would highly recommend him to anyone I know.
Cristina Marie
Cristina Marie
16:33 15 Oct 20
Friendly. Efficient. Professional.I’m thankful!
Moody Witoutcoffee
Moody Witoutcoffee
03:56 09 Oct 20
Rafael Oliveira
Rafael Oliveira
11:13 06 Oct 20
Cleber Bandi
Cleber Bandi
00:06 06 Oct 20
Lindaura Williams
Lindaura Williams
23:47 05 Oct 20
Flavia Oliver
Flavia Oliver
14:48 05 Oct 20
T. O.
T. O.
19:55 03 Oct 20
anita R Oliveira
anita R Oliveira
15:25 03 Oct 20
I highly recommend anyone to choose The Law Offices of Mark T. Hurt for their issues! They were extremely nice, helpful, and professional, especially Courtney! Every question and concern was always answered. I am thankful for all their help!!
Brittany Gobble
Brittany Gobble
17:35 29 Sep 20
They were very helpful, and answered all of the questions I had, and got great results from my court hearing, I would highly recommend!
Bodie Breitbach
Bodie Breitbach
15:49 21 Sep 20
This law firm is the best of the best and Courtney was just wonderful in every aspect. Extremely helpful and answers every question and always willing to help! Mark Hurt and his crew are the best! Thank you all for helping my family in a very difficult time. Highly recommend.
Tony Statzer
Tony Statzer
14:41 17 Sep 20
Late in July I was charged with a reckless driving ticket in Greenville County, Virginia. I got caught going 83mph in a 55mph zone. It was my first offense on my driving record and I did not need a misdemeanor which could hurt my career. I was assured by Mrs Rhonda Hurt not to worry and that her team would take care of it. On my end, the only effort I put in was taking a 12 hour defensive driving course and sending her my driving record. Two months later, the result of my hearing was a reduction to a defective equipment/non driving violation with 0 points off my record. The other good part about this case was I did not have to go to court. In court fees I paid $68 and a fine of $78 for my ticket. Mrs. Rhonda and her team put together a miracle in that county and I cannot give her enough credit. I sincerely recommend this firm because I know they worked hard on my case and will do the same for you. Thank you again!
Marqus Keith
Marqus Keith
14:54 15 Sep 20
I highly recommend this law firm! Rhonda answered all my questions regarding social security questions and she put my nerves at ease! Im so thankful for her kind spirit and her honesty!
Catina Ratliff
Catina Ratliff
17:51 05 Sep 20
The law offices of mark hurt was very good to me and my family great people great service and great results courtney was our paralegal that presided over the case could not have asked for more to be done.
Danny Kiser
Danny Kiser
18:34 31 Aug 20
I got a traffic ticket while I traveled passing through VA in May.It is a big deal if you have the Law Section: 44-1/46/2-862 and speeding excess of 80 MPH in your ticket. It is a Criminal Misdemeanor Reckless Driving Charge!I saw Mark T. Hurt's Law office simple letter, I decided to give a call and get a free consultation.From the call, Rhonda provided a detail explaining the criminal charge of the Misdemeanor Reckless Driving ticket is about. She is a very caring and honest person, no sale pressure to me to take their law office at all.Once I decided to use their firm to represent me in court, it didn't take an hour, I was told totake some actions and wait for cout day to see the result. That is that simple and no worry at all. On the court date, I received text messages from lawyer's office. Guess what? The lawyer did a miraculous and fantastic job for me in the court.The Reckless Driving Misdemeanor ticket has been reduced to an Improper Driving traffic ticket.Thanks to Mark T. Hurt's Law office team! They are not only very professional and transparent but also does the best quality job you can find. I strongly recommend them to be your lawyer if you need one in VA.
C.Y. Kuan
C.Y. Kuan
01:07 23 Aug 20
Having landed a Reckless Driving (99 in a 65) on my way back to FL from WV, I came across this law firm when searching something along "best reckless driving lawyers Virginia."Mr. Hurt's firm dropped my "Criminal Misdemeanor" to an improper driving. Which from my understanding is right next to a normal speeding ticket.All expenses accounted (payment, court cost, fine), I'm out roughly $1,100 ; but I'd much rather pay that once today, than every six months to an insurance company for the next... God knows how many years. I am extremely grateful and overjoyed with my outcome.As far as speaking with the great ladies at these offices, everyone was always kind, quick, and considerate. They answered all my questions, explained all my options and possible outcomes. I had a clean record, and had now experience dealing with courts or lawyers, so their patience and knowledge was especially helpful. If I ever screw up again (I pray to God I don't) I hope it's in Virginia, so I can call upon Mr. Hurt's offices.
Nomadic Wolf
Nomadic Wolf
21:06 21 Aug 20
I would like to thank Hope for helping me get my SSDI. She was a true professional a great help with my success. great asset to the law firm and honest lady could not ask for anyone better. Thank You, David
David Harden
David Harden
21:17 20 Aug 20
I had a miracle outcome
jose feliz
jose feliz
22:14 18 Aug 20
I got stop in wyth county saw good reviews on Law of Mark, i can say i highly recomend them, got stop 79mph on a 60mph, they all i had to pay was a low amounth of $200 fine plus court cost $76 and they got me out with zero point infraction, if you looking for lawyer on traffic tickets here its the place to go with! Very professional and representatives will be there to help any time!
Brisio Gaza
Brisio Gaza
23:12 15 Aug 20
This law firm is the up most professional and highly knowledgeable in it's field of work. Courtney is awesome and a pleasure to work with she is the best at her job. We highly recommend this law firm!
Christy Statzer
Christy Statzer
02:52 11 Aug 20
Courtney Cormier and the law office, was amazing! Courtney was very efficient, timely, and responsive. I had an issue with a previous employee, but due to that, Mr. Hurt wanted to ensure that I was completely satisfied, so he made adjustments on his fee, just to make sure I was happy! You couldn't ask for a better paralegal or law office! I highly recommend this firm!
Jessica Ann Roberts
Jessica Ann Roberts
20:10 30 Jul 20
I called seeking help with a traffic ticket I received. I spoke to the legal assistant, Ashley and she was very helpful.
Nathan
Nathan
13:54 30 Jul 20
my Attorney Courtney Cormier was amazing and very helpful and patient with me and the case and always keep me updated on all the steps and procedures of the process i would definitely recommend her and this office they are amazing
Branden Lewis
Branden Lewis
15:24 21 Jul 20
These guys got my reckless driving charge of a 94 in 70 down to a improper driving. You won’t regret hiring them to help you out!
Haley Walser
Haley Walser
23:22 20 Jul 20
Great experience with Courtney Cormier! Thanks for the professional help!
Alisha Fagan
Alisha Fagan
16:26 20 Jul 20
Thank you for doing the best you guys did an amazing job with my case I appreciate everyone that worked on my case I definitely recommend this law firm!!
Abdullah Shaikh
Abdullah Shaikh
14:56 16 Jul 20
Great people! Very helpful and professional.
Heather Foster
Heather Foster
21:53 15 Jul 20
Wonderful, family oriented law firm. The staff are very attentive and courteous especially Courtney. I highly recommend this legal establishment!
Duane Cormier
Duane Cormier
17:25 15 Jul 20
Amazing group of people to work with Courtney is fantasticI would highly recommend this group
Kara Ginter-Hensley
Kara Ginter-Hensley
21:41 14 Jul 20
Great firm!! Diana will walk you through everything you need to take care of a traffic ticket.
Braden Alexander
Braden Alexander
19:28 14 Jul 20
They are very professional, and respectful with everybody, including one of his employees, Rafael
Flavia Oliver
Flavia Oliver
17:01 14 Jul 20
The personnel who work here are constiment professionals. Rhonda Hurt kept me abreast of all proceedings and changes without the need for me to follow up, allowing me to maintain a piece of mind knowing that the Law Offices of Mark T Hurt were on the job (Rhonda kept me up to date through text and e-mail).During the beginning of the COVID-19 outbreak all court dates were changed. I received a personalized letter from Mark assuring me that he and his team was on the job and was going to see my case through to the end while keeping me looped in.Thank you for all your help and persistence to see the great outcome I received.I highly recommend anyone to use the Law Offices of Mark T. Hurt for their issues!
Jon H
Jon H
11:34 13 Jul 20
They are a hard working team that care about their clients.
Frederick Baker II
Frederick Baker II
05:13 26 Jun 20