Tennessee Workers' Compensation Laws

The injured worker must provide written notice to the employer within 15 days of the injury. However, actual knowledge by the employer satisfies the notice requirement. Failure to give notice does not bar the claim if the employer was not prejudiced.

For occupational diseases, the 1-year period begins when the employee knows or reasonably should know the disease is work-related.

TTD benefits are 66 2/3% of the injured worker's average weekly wage, subject to a maximum of 110% of the state average weekly wage and a minimum of $193.86/week. Benefits begin on the 8th day of disability. If disability exceeds 14 days, the first 7 days are paid retroactively.

Employers with 5 or more employees must carry workers' compensation insurance. In the coal mining and construction trades, the threshold is 3 or more employees. Certain categories (sole proprietors, partners, corporate officers) may opt out.

PPD benefits are based on a body impairment rating. For injuries resulting in a return to employment at the same or greater wage, the maximum PPD is 1.5x the impairment rating (multiplied by weeks and the compensation rate). If the employee does not return to work, the cap is 6x the impairment rating.

The 2013 reform created the Court of Workers' Compensation Claims (administrative court with specialized judges) and the Workers' Compensation Appeals Board. It also established the Ombudsman Program to assist unrepresented employees and created new dispute resolution procedures.

Employers who establish a qualifying drug-free workplace program receive a 5% premium credit on workers' compensation insurance. A positive post-accident drug test creates a rebuttable presumption that the injury was caused by intoxication, which can reduce or eliminate benefits.