Tennessee workers' compensation is administered by the Bureau of Workers' Compensation (BWC) within the Department of Labor & Workforce Development, with disputes resolved by the Court of Workers' Compensation Claims for injuries on/after July 1, 2014, under Tenn. Code Ann. Title 50, Chapter 6.
1. Reform Effective July 1, 2014
Tennessee replaced its old system (chancery court adjudication) with an administrative Court of Workers' Compensation Claims for injuries on or after July 1, 2014.
Older injuries follow the prior law.
2. Who Is Covered
Employers with 5 or more employees (most industries) must carry workers' comp (Tenn. Code Ann. § 50-6-902).
Construction industry: 1 or more employees.
Coal mining: 1 or more.
Sole proprietors, partners, LLC members, and corporate officers may opt out.
3. Notice to Employer — 15 Days
Under Tenn. Code Ann. § 50-6-201, give written notice to the employer within 15 days of the injury.
Late notice can bar the claim absent good cause.
4. Filing Deadline — 1 Year
File a Petition for Benefit Determination (PBD) with the BWC within 1 year of injury (Tenn. Code Ann. § 50-6-203).
Mediation through the BWC's Mediation and Ombudsman Services first; if unresolved, proceed to the Court of Workers' Compensation Claims.
5. Weekly Benefit Calculation
Temporary Total Disability (TTD): 66 2/3% of AWW (Tenn. Code Ann. § 50-6-207).
2024 maximum TTD: approximately $1,283.93/week (110% of SAWW); minimum: 15% of SAWW.
Permanent Partial Disability (PPD): based on impairment rating × 450 weeks × 66 2/3% AWW × statutory multipliers.
6. Maximum Benefit Period
TTD: until MMI; no specific cap on TTD.
PPD: 450-week maximum baseline (with multipliers based on return-to-work status, age, education).
Permanent Total Disability (PTD): until eligible for Social Security retirement (currently age 65 or beyond depending on birth year).
7. Medical Treatment — Panel of 3 Physicians
Employer must offer a Panel of 3 Physicians within 3 business days of receiving notice (Tenn. Code Ann. § 50-6-204).
Employee selects one panel physician as the authorized treating physician.
Failure to offer a valid panel allows employee choice.
8. Choice of Doctor
Restricted — must select from employer's panel of 3.
9. Attorney Fees
Capped at 20% of the award under Tenn. Code Ann. § 50-6-226; subject to court approval.
10. Drug Free Workplace Program
Employers participating in the Drug Free Workplace Program may receive premium discounts and may deny benefits if injury was caused by intoxication (Tenn. Code Ann. § 50-9-101 et seq.).
This is legal information, not legal advice.