Tennessee Workers’ Compensation Claim: Loss of a "Scheduled Member" and Permanent Partial Disability
Total or partial loss of the use of certain body parts resulting from a work-related accident entitles the injured worker to permanent partial disability under Tennessee’s workers’ compensation laws.
Body parts covered under the workers’ compensation system are called “scheduled members” and include arms, legs, toes and fingers. Each scheduled member is assigned an arbitrary numbers of weeks for which the injured worker can be compensated. The worker is entitled to the number of weeks assigned multiplied by 2/3 of the workers’ average weekly wage.
For example, the total loss of the use of a hand entitles the worker to 2/3 of his average weekly wages multiplied by the number of weeks assigned for the use of a hand, 150 weeks. Thus, if the worker averages 500 dollars a week and loses his hand in a work-related accident, he should be compensated 50,000 dollars (2/3 x $500 avg. weekly wage=$333.3 x 150 weeks=$50,000).
For permanent partial loss of a scheduled member, however, the law calls for a proportionate award based on a percentage of the number of weeks assigned to the body part.
A determination of loss of use is generally based on a medical expert’s assessment of anatomical or medical disability. Vocational experts are also used for this purpose.
The degree and permanency of the personal injury experienced due to the loss of a limb is determined by a workers’ compensation specialist. If the determination is disputed, the worker can then bring his/her case before a court.
From the point of injury, the worker is advised to seek out competent representation. For a free consultation, call 866-853-2888 to speak with a skilled and experienced Sevierville workers’ compensation attorney.
