Tennessee Agreement Between Employer/Employee Choice of Physician - Government
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FAQ
Exceptions to the "Going and Coming" Rule Commuting in a Company Car: Driving your own car to work is exempted by the "going and coming" rule. But commuting in a company-owned vehicle is often covered in most states.
The statute typically precludes workers' compensation benefits for injuries while an employee is commuting to or from work. Under the law, injuries occurring while going or coming to work are not an injury ?arising in and out of? or under the ?course and scope of? employment.
You will select your Authorized Treating Physician (ATP) from a panel of three doctors that your employer gives you. That physician will provide the medical care needed to help your return to your health and to your job. Medical treatment for your work-related injury is provided at the employer's expense.
Form C-41 Wage Statement. This form enables EMPLOYERS to calculate the correct compensation due to an injured employee. Please complete the form and submit to EMPLOYERS within 5 days after your knowledge of any accident that has caused your employee to be disabled for more than 7 calendar days.
Most Tennessee employers are required by law to provide a panel of physicians within three business days of receiving notice of a work-related injury. This ensures that employees receive the medical treatment needed to help them recover while allowing the employer to have some control over the claim.
Personal Vehicle Is an Implied Condition of Employment However, when an employee must report to several job sites miles away from each other, and the employer doesn't provide transportation, their situation is exempted from the Going and Coming rule.
The ?Going and Coming? rule essentially states that the employer is not liable for injuries which occur during an employee's regular/routine commute. (Hartline v. Kaiser Foundation Hospitals (2005) 132 Cal.
The ?going and coming? rule is a deceptively simple one. There is no reference to the ?going and coming? rule concept in the Labor Code. However, the rule has developed over time by case law, essentially holding that the employer is not liable for injuries which occur during an employee's routine commute.
Tennessee Workers' Compensation is a ?no-fault? system in which the injured worker receives medical and compensation benefits no matter who caused the job-related accident. The only requirement is that the injury arose out of and during the course of the course of employment.