Appealing a Denied Workers' Comp Claim in Tennessee
The deadline to challenge a denied workers' comp claim in Tennessee, where to file, and the steps from hearing to appeal.
Short answer: If benefits are denied or disputed, the worker files a Petition for Benefit Determination with the Bureau of Workers' Compensation within one year after the accident (or, if the employer paid benefits, within one year of the later of the last authorized treatment or the last payment). Tenn. Code Ann. §§ 50-6-203(b), 50-6-217(a)(2)
| Deadline to challenge a denial | If benefits are denied or disputed, the worker files a Petition for Benefit Determination with the Bureau of Workers' Compensation within one year after the accident (or, if the employer paid benefits, within one year of the later of the last authorized treatment or the last payment). After a decision of the Court of Workers' Compensation Claims, a notice of appeal of a compensation order to the Workers' Compensation Appeals Board is due within 30 calendar days after the order is issued; an interlocutory order may be appealed within 7 business days. Appeals Board decisions on compensation orders may be appealed to the Tennessee Supreme Court under the appellate rules. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The FindLaw page says it is current as of January 2, 2024. |
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| Appealing a denial | Disputes not resolved in mediation go to the Court of Workers' Compensation Claims. A judge's final compensation order becomes final 30 days after it is entered unless a party files a Notice of Appeal to the Workers' Compensation Appeals Board within 30 calendar days (filing fee $75, or an affidavit of indigency); alternatively, a party may appeal a final compensation order directly to the Tennessee Supreme Court. Interlocutory orders (such as orders for temporary or medical benefits) may be appealed to the Appeals Board within seven business days. |
| Deadline to file a claim | If the claim is disputed, the worker protects their rights by filing a Petition for Benefit Determination with the Bureau. In most cases, the deadline is one year from the date of injury, or from the date the last temporary disability benefits were paid or medical benefits were provided, whichever is latest. |
Where to get help in Tennessee
More Tennessee workers' compensation
- Filing a Workers' Comp Claim in Tennessee
- How Much Workers' Comp Pays in Tennessee
- Workers' Comp Settlements in Tennessee
- Retaliation for Filing Workers' Comp in Tennessee
- Suing Over a Work Injury in Tennessee
- All Tennessee workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in Tennessee?
If benefits are denied or disputed, the worker files a Petition for Benefit Determination with the Bureau of Workers' Compensation within one year after the accident (or, if the employer paid benefits, within one year of the later of the last authorized treatment or the last payment). After a decision of the Court of Workers' Compensation Claims, a notice of appeal of a compensation order to the Workers' Compensation Appeals Board is due within 30 calendar days after the order is issued; an interlocutory order may be appealed within 7 business days. Appeals Board decisions on compensation orders may be appealed to the Tennessee Supreme Court under the appellate rules.
How do you appeal a denied workers' comp claim in Tennessee?
Disputes not resolved in mediation go to the Court of Workers' Compensation Claims. A judge's final compensation order becomes final 30 days after it is entered unless a party files a Notice of Appeal to the Workers' Compensation Appeals Board within 30 calendar days (filing fee $75, or an affidavit of indigency); alternatively, a party may appeal a final compensation order directly to the Tennessee Supreme Court. Interlocutory orders (such as orders for temporary or medical benefits) may be appealed to the Appeals Board within seven business days.
What is the deadline to file a workers' comp claim in Tennessee?
If the claim is disputed, the worker protects their rights by filing a Petition for Benefit Determination with the Bureau. In most cases, the deadline is one year from the date of injury, or from the date the last temporary disability benefits were paid or medical benefits were provided, whichever is latest.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.