What you need to Know about Tennessee Workers Compensation Law – Tennessee Workers Compensation Lawyer John Jay Clark, Sr.

Over the years I have handled a lot of workers compensation cases. While workers compensation information is supposed to be made readily available by Tennessee Employers, I am consitently amazed at how little my prospective clients know about the process. Why is the process so complicated?

The simple answer to this is that Workers Compensation Law in Tennessee is a creature of statute. What does that mean? Well, our legislature, in their infinite wisdom, created Workers Compensation Law and therefore every single rule and regulation is contained in the the Tennessee Workers’ Compensation Law.

Workers Compensation was originally designed to help employees above all. Whether that is still the case is a subject for a much longer blog and perhaps a personal diatribe. But nonetheless, Workers compensation law differs from any other injury type law in that the employee does not have to show that the employer did anything negligent, only that the employee was working for the employer at the time of the accident. The magic words that you will see are, the injury took place during the course and scope of the employees employment with the employer.

Well, knowing that, what happens if you are injured? You have the resonsibility to report the injury to your employer. Your employer is required to prepare what is called a First Report of Injury and submit that to the Tennessee Department of Labor. If your injury requires medical treatment, your employer is responsible for that as well. There are a number of pitfalls that you can be a victim of if you do not know your rights! It is extremly importnat to contact an experienced Tennessee Workers Compensation Lawyer to discuss what your rights and remedies are.

What happens if you are taken off of work becuase of your injury? Well, your employer should compensate you during the time that you are off. WATCH OUT! you are not entitled to 100% of your income. The statue says that you are entitled to 66 2/3rd % of your average weekly wage. Your average weekly wage is calculated using your last 52 weeks of employment. The calculation of your average weekly wage is very importnat and can have a serious effect upon your recovery if it is not done correctly. Therefore, it is again importnat to seek out the counsel of an experienced Tennessee Workers Compensation Lawyer to assist you through the process.

Okay, you have gone to the doctor and your employer has paid your bills, you have recieved your pay (or at least a portion of it since you have been off) and now your doctor says you are good to go back to work; what now? This is where workers compensation cases get really interesting and at times confusing. In many cases my clients say, I still hurt” but the doctor says I can work. Unfortunatly, this happens a lot, in many cases, the physician you have been seeing is a workers compensation doctor that has been paid by the employer. So, it makes since to suggest that the doctor, who knows who is paying his bill, is going to get you back to work as quickly as possible. The Physician may or may not return you to work with restrictions. If you have restrictions, the employer is legally required to abide by those restrictions. What if they dont? My suggestion, contact an Experienced Tennessee Workers Compensation Lawyer that you are comfortable with. There are certain rights and remedies that you have available through the Tennessee Department of Labor and Workforce Development and having a Tennessee Workers Comepensation Lawyer that is experienced with those rights and remedies can be the difference between being taken care of and being left in the dark.

Car Accidents and the Insurance Company – Continued – John Jay Clark, Sr. Nashville Tennessee Accident Attorney

Almost immediatly after posting my last blog on car accidents and insurance companies, I recieved a call from an individual that went something like this

“I was in an accident a couple of months ago, the inusrance company called me and is offering me money to settle my claim. I dont have a lawyer, but I could really use the money right now. Should I go ahead and settle?”

The general answer to this is NO! Why not? Well, you have to ask the question; do you think they are offering you what your case is worth? In most cases the answer to that is NO as well. Insurance companies are businesses just like your local mechanic or dry cleaner. They exist becuase they make or save money. SO, if they are offering you something you can pretty much guarantee it is not what your case is really worth.

My advice to the caller and my advice to anyone approached with this situation is tell the insurance company you will think about it and then contact an experienced Tennessee Personal Injury Attorney to assist you with the process. The time it takes for you to make a few extra phone calls could save you from making a very expensive mistake.

How are Marital Debts Divided During a Tennessee Divorce – Nashville Tennessee Divorce Attorney John Jay Clark, Sr.

Most divorcing spouses set out who will pay what debts as part of their marital dissolution agreement, which is often referred to as an “MDA”. However, if the parties cannot agree upon a division of debt, the court will make an equitable division of the marital debt. there is a significant distinction between marital debt and separate debt. Likewise, the effect of a court division and/or an agreed division of debt can have serious and often uncontemplated effects upon your financial well being and/or your taxes. Therefore, it is important to seek out the advice and assistance of an experienced Tennessee Lawyer who is knowledgeable of Tennessee laws regarding the division of marital debt.

Should I get an Annulment or a Divorce? Nashville Divorce Attorney

Should I get an annulment instead of a divorce? This is a question that I have been asked a number of time. The general answer is simply…NO. Why is this? An annulment sounds so neat and tidy! Well, the fact is that getting an annulment is often more time consuming and difficult than simply getting a divorce. Most lawyers will tell you that Judges simply do not like annulments and there are often very complicated issues involved In most cases it is more advisable and in most every case, less expensive, to go through the divorce process than the annulment process. However, as with anything, there are exceptions to this rule. If you decide to seek a Tennessee Divorce or a Tennessee Annulment it is advisable to seek out the assistance of an experiences Tennessee Divorce Lawyer.

An Annulment is initiated to seek a judicial determination that a valid marriage never occurred between the parties. Tennessee Courts have to determine whether or not the marriage was void or voidable. What is the difference? Well, as with lots of legal speak, the words really matter. A voidable marriage is treated as valid and binding until it is declared null and void by the court. A voidable marriage can be made valid by the parties; a void marriage on the other hand cannot ever be made valid. Whether it’s void or voidable, a court must make the determination.

How can a marriage be void?

A marriage is void when:

(1) either party was already lawfully married

(2) the parties are within prohibited degrees of kinship (in other words, you are closely related to this person by blood)

(3) for any other reason, the marriage was prohibited by law, and its continuance is in violation of law

           

            Okay; so what is a voidable marriage?

 

A marriage is voidable when:

(1) Either party was insane (A medical professional must make this call. It cannot simply be your opinion, regardless of how justified it may be)

(2) the complainant (the person seeking the annulment) was under duress at the time of marriage.

(3) a party was under the age of consent

(4) the consent was obtained by force, or fraud, and was given by mistake

(5) the defendant was impotent (at the time of marriage and the complaining party did not know of it)

(6) the woman was pregnant by another man without the knowledge of the complainant

(7) for any other reason, the marriage was not binding on the complainant

 

As clean cut as annulment sounds, it is a difficult and extremely time consuming process. If you are contemplating seeking an annulment you are strongly recommended to seek out the guidance and assistance of a competent legal professional who is familiar with Tennessee laws as to Annulment

.

What are the types of alimony available in Tennessee? Nashville Divorce Attorney

There are numerous types of alimony available in Tennessee. What type of alimony you seek and/or obtain is dependant upon your individual situation. Remember, alimony is not guaranteed. The determination of what type of alimony to seek and the amount of any such award is a difficult one and generally requires the asisstance of an experienced Tennessee divorce attorney.

Tennessee courts recognize the following types of alimony:

Alimony in futuro – This is a commonly thought of alimony but is not necessarily the most common that is awarded in divorce cases. Alimony in futuro is permanent alimony paid to a former spouse until they die or remarry. This type of alimony is often used in marriages of a longer duration.

Rehabilitative alimony – This is a common form of alimony that is used in marriages of a shorter duration. However, as with any issue, this is not a hard and fast rule. Rehabilitative alimony is awarded to a spouse until they are able to reenter the work force and become self-sufficient. This type of support is often awarded to people who left careers to help raise families.

Transitional alimony – This is type of “temporary” alimony paid to one spouse for a specific period of time to assist that spouse in transitioning back to being single. Again, this is often used in marriages of a shorter duration.

Alimony in solido – This type of alimony is often referred to as “lump sum” alimony. This type of alimony can be used in a number of situations and is often used to adjust and for the division in marital property. 

Again remember ALIMONY IS NOT GUARANTEED! Seek out the advice and assistance of an experienced Tennessee Divorce Attorney to assist you with this process.

 

What Is Alimony? Tennessee Divorce Attorney

As attorneys, we often forget that there are terms of art that we use on a daily basis that some of our clients simply do not understand. Yesterday I was asked a simple question; what is alimony? I have used the term so many times that I just assume that everyone knows what it is. However, that is not necessarily the case. So, the following is the short definition of what alimony is:

Alimony is a legal term of art that Tennessee Courts have used to define the financial support of one spouse to another following the dissolution of the marriage. Alimony can be either permanent or rehabilitative. Alimony is also often called spousal maintenance or spousal support, the terms are relatively interchangeable and the use of the individual terms really depends on the attorney you are using. However, the courts understand and use the phrase alimony to define the spousal support obligation. Alimony is paid by one spouse to help maintain the standard of living that a former spouse had during the marriage.

REMEMBER ALIMONY IS NOT GUARANTEED!

When and if you make the difficult decision to go down the road toward a divorce it is essential that you seek out the assistance of an experienced divorce attorney to assist you with the process. There are numerous issues that go into the determination of whether or not you are entitled to alimony.

Can you get a no fault divorce in Tennessee?

As with any legal question it is not only advisable but recommended that you seek the advice of a competent legal professional.

Tennessee Courts recognize fault and no fault divorces. However, there are only two (2) true no fault divorce grounds. Those grounds are:

• Irreconcilable differences 
•  living separate and apart without cohabitation for 2 years when there are no minor children

Many divorces proceed upon the grounds of Irreconcilable Differences. This does not mean that the parties dont have objections as to the distribution of assets or custody of the children, but simply agree that they need to get a divorce. Even in irreconcilable divorce situations the finacial and custodial issues can get extremly complex. It is therefore essential that you seek out the guidance of a competent legal professional to assist you through the process.

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