Visitor Question

Why am I not receiving 100 percent of my pay while injured?

Submitted By: Anonymous (Paris, Tennessee)

In 2008, I had a tennis elbow repair surgery. Over the years, I’ve had a little pain here and there. In 2017, I ended up having a torn ligament in the same elbow. I still work for the same company, and they have agreed to pay for all of my medical expenses.

I have been off work for 2 weeks at 2/3 of my regular pay, until the doctor takes my staples out. I was told that my pay comes from an outside administrator and I would have to work a week in the hole before getting paid. My question is, why am I not receiving 100% of my pay and why is there a lapse in pay? I live in the state of TN.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

In the State of Tennessee, workers compensation claims are handled by a third party administrator, “Tennessee Administrators.” This company assists clients in managing their workers compensation claims. The Tennessee Division of Workers Compensation contracts with them to process its workers compensation claims.

To qualify for temporary wage loss benefits you must be out of work due to your injury for seven (7) days. Your wage loss benefits would then begin to accrue on the eighth (8th) day after your injury. If you are out of work for fourteen (14) days or more, you are eligible to receive temporary wage loss benefits which will be retroactive to your first day out of work as a result of the injury.

The amount of temporary total disability wage loss benefits you receive will be equal to 66 and 2/3 percent of your average weekly wage at the time of your on the job injury. Read more about TN total disability wage loss benefits here.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

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