Newsletter Navigation
- Can Parents Sign Away A Child's Right to Sue?
- Injuries That Occur Outside of Tennessee May be Eligible for Tennessee Worker's Compensation Benefits
- Downsized Employees May be Able to Reopen Workers' Compensation Cases
- Education and Professional News
- Can You Protect Yourself From Medical Errors?
- Attorneys and Staff Pick Up Their Hammers for Habitat
- Chris Taylor Stresses Community Involvement in Recent Speeches
Can Parents Sign Away A Child's Right to Sue?
Many activities in which our children participate such as summer camps, sports and other recreational activities require the parents of a minor child to sign a release. Many believe that this release removes a child's rights to sue for injuries sustained while participating in such events even if those injuries are a result of the negligence of the persons operating the event.
According to the Tennessee Court of Appeals, that assumption is incorrect. The Court has previously held that a release signed by a parent does not deprive their injured child from bringing suit for injuries he sustained as a result of the negligence of others, (Childress v. Madison County) 777, S.W. 2d 1 (Court of App. Western Sec. 1989).
It may be that the parents will lose the right to be compensated in their own name for the medical expenses. However, it is fairly clear that the child will retain the right to sue for his pain and suffering, permanent disability and loss of earning capacity.
In many cases, parents do not look into making a claim on behalf of their children because they falsely believe they have signed away their children's rights. In most instances, this is not the case. There are however special statutes that govern certain activities such as horseback riding.
It is important to seek competent legal help if you believe that your child has been injured through the negligence of others. You should not assume that any document you sign will deprive your child of their legal rights.
Injuries That Occur Outside of Tennessee May be Eligible for Tennessee Worker's Compensation Benefits
State boundaries do no limit the application or eligibility of Tennessee workers' compensation benefits. Just because a worker is injured while outside the State of Tennessee or just because a worker injured in Tennessee does not live here does not mean that those workers are not eligible for Tennessee workers compensation benefits.
*According to state law (T.C.A. ß50-6-115), if a person, "while working outside the territorial limits of this state, suffers an injury on account of which such employee...would have been entitled to the benefit provided by this chapter had such injury occurred within this state, such employee...shall be entitled to the benefits provided by this chapter, provided that at the time of such injury: (1) the employment was principally localized within this state; or (2) the contract of hire was made in this state."
Here are two scenarios that would apply.
(1) If an employee hired in another state can prove that he worked primarily in Tennessee, then the employee can recover benefits under Tennessee law. In one case, the Supreme Court held that as little as 30% of an employee's work being done in the state entitled him to benefits. This rule applies even if the employee sustains injury in a state other than Tennessee. For example, if worker hired in Texas, works as little as 30% of the time in Tennessee and sustains injury in North Carolina, the Supreme Court has held that the employee can pursue a claim under Tennessee law.
(2) The second scenario involves an employee who is hired in Tennessee but may work out of state. In a lot of cases, workers respond to job openings by phone to employers located outside of Tennessee. If it can be proven that the employer offered the worker a job, and the worker accepted the position over the phone while physically within the State of Tennessee, then the employee is entitled to benefits under Tennessee Law. Again, in this situation it makes no difference where the employee gets injured, just the fact that the employee was hired in Tennessee is sufficient to give jurisdiction in this state.
All states' workers compensation systems are not created equal. Rest assured that insurance companies know which of the available states provide the least amount of benefits and will undoubtedly try to pay you under the laws of that state. Keep in mind that just because you accept benefits from another state does not mean that you are not entitled to Tennessee benefits.
We recommend that if an employee has any employment connection to Tennessee that Hill Boren, P.C. be contacted to discuss how Tennessee workers' compensation laws apply to their case. This determination could make a significant difference in the benefits that the worker is entitled to by law.
Downsized Employees May be Able to Reopen Workers' Compensation Cases
If you are experiencing problems from an old work-related injury, you may be able to reopen your workers' compensation case, even if you lost your job later. You must have had a trial or concluded your case by settlement in order to reopen your case.
There are some conditions to being able to reopen a closed workers' compensation case. First, you must have remained at work with the same employer after your injury settlement or trial. The injury must have been classified as to the body as a whole. Most back, hip or shoulder injuries qualify for the case to be reopened. There are other injuries that qualify and the attorneys at Hill Boren can help you determine if your case meets the criteria.
There are additional considerations for reopening a workers' compensation case. You must file your claim to be reconsidered for industrial disability within one year of losing your job with the company that employed you before being injured. You must have been released by your doctor with in eight years (400 weeks) of your termination or layoff.
Sometimes, the right to reopen your case is waived thru your settlement of your original case but it must have been done intelligibly and willfully. If the issue of reopening your case was not addressed in your order from your original injury, you may be entitled to file a claim with the Court.
Our initial consultation is free and confidential. Hill Boren attorneys understand the complex rules that govern reopening worker's compensation cases and we are here to help you. Call us today to review your case.
Education and Professional News
James Krenis Becomes Juror at Mock Trial
James Krenis learned what it was like to be on the jury as he served as a volunteer scoring judge for the American Trial Lawyers Association's regional semi-final mock trial competition.
In a mock trial, law students simulate the experience of a real trial. They must follow the rules of evidence and follow courtroom decorum in front of a judge, or someone acting as judge and a jury.
At the ATLA competition, Krenis served as one of three jurors who score the participants. You win or lose a trial based on what the jury thinks. As jurors, we had to decide, just like a normal jury off of the street. In this case, it was not so much who won or lost but rather which student attorney was the best advocate, he explained.
Attorneys Attend ATLA Conference
Ricky Boren, Jeff Boyd, Randall Phillips and Chris Taylor attended the Mid-Winter Conference for ATLA in Hawaii. The group heard from speakers such as presidential candidate John Edwards and other trial attorneys. They used this opportunity to learn from their peers and to sharpen their skills in different areas of practice so they can better serve you.
Can You Protect Yourself From Medical Errors?
In 1999, The National Academy of Sciences' Institute of Medicine estimated there are anywhere from 44,000 to 98,000 deaths annually in the United States that result from medical errors.
Did you know that those estimates do not take into account prescription errors written in doctors' offices, nor do they consider the over 30 million outpatient surgeries and procedures done every year in this country?
No doubt these are frightening statistics, so when you or a loved one must have major surgery you might consider playing the odds to reduce the chance of a medical error.
There is a great deal of medical research that seems to suggest that physicians and hospitals that do a larger number of certain procedures each year tend to have better results than those that do fewer procedures. This is often referred to as the relationship between operator (the doctor) or institutional (the hospital) volume and the quality of outcomes.
Some of the types of surgeries where this relationship has been studied include:
- Carotid Endarterectomy (removal of blockages in the arteries in the neck)
- Coronary Artery Bypass Graft (bypass of blockages in the arteries in heart)
- Heart Transplant
- Pediatric Heart Surgery
- Coronary Angioplasty (balloons or stents used to open clogged heart vessels)
- Abdominal Aortic Aneurysm Repair
- Arterial Bypass in the Legs
- Cerebral Aneurysm Repair
For certain types of procedures this relationship between experience and results has been proven to be strong enough for certain organizations to issue guidelines based on these findings. For example, Medicare requires that hospitals perform 12 or more heart transplants each year in order to be reimbursed for those procedures. The American College of Cardiology / American Heart Association recommends a yearly minimum of 200 to 300 coronary artery bypass graft (CABG) surgeries by hospitals, and a minimum of 100 to 150 per surgeon.
While the number of surgeries done at a hospital or the experience of the surgeon may not guarantee a better result, the research shows that it may well improve your odds of a better outcome.
Before you or a loved one undergoes surgery, you might consider asking the surgeon these questions:
- How many of these surgeries have you done?
- How many do you perform on average each year?
- Who will actually do the surgery, you or someone else?
- Who will be assisting you in the operating room and with what parts of the procedure?
- How long have these surgeries been done in this hospital?
- How many are done each year in this hospital?
So, can you protect yourself from medical errors? By choosing an experienced surgeon and hospital, you can at least improve your odds.
If you, or someone you know, have been injured as a result of a medical error, the attorneys at Hill Boren are here for you. Please contact us. Your consultation is free and confidential.
Attorneys and Staff Pick Up Their Hammers for Habitat
Members of the Hill Boren family became construction workers at the end of April as they began building their second Habitat for Humanity home.
"It is going to be exciting this year because a bunch of houses are going up at the same time," Attorney John Hamilton said of the 13 house project on Courtney Cove in East Jackson. Hill Boren kicked the project off with a $16,000 donation.
Attorneys, staff and spouses will be working on weekends to complete the home for Bonnie Hatcote, a single mother of one, in time for a June move. Hill Boren is providing food for the many volunteers from area churches and colleges.
"We are inviting anybody with homebuilding skills, that knows how to use power tools or has any construction type work experience to join us," Hamilton said. If your not experienced at construction, but want to help, Hamilton said there are a lot of jobs, such as painting or carrying supplies which need to be done. To volunteer, call John Hamilton at Hill Boren at 731-423-3300.
Chris Taylor Stresses Community Involvement in Recent Speeches
Chris Taylor recently served as guest speaker for several area churches encouraging members to be more active in their church and community. "The only way to improve the current state of our communities is to become an active participant," explained Taylor.
He spoke at Trinity CME for their Annual Lay Day. In his speech, he stressed the issues of faith, hope and love and how these principles can be used to further the mission of the church through its members. He encouraged the church members to reach out and apply these principles to the community as well.
He also spoke at Farmer's Chapel at their Men's Day encouraging men to be active members of their church and community. "Men, especially in the African American community, must play an extensive role in reclaiming our youth from the vices that are jeopardizing their lives before they even have an opportunity to live," stressed Taylor
When speaking to the recent youth at the Christian Youth Fellowship (CYF) Banquet at the CME Headquarters in Memphis, he encouraged the group to set goals, to develop plans to achieve those goals, to equip themselves with the knowledge and tools to reach those goals, and to focused on achieving those goals.
