Even with a strong safety program, injuries happen. A housekeeper strains her back lifting a mattress, a maintenance tech cuts his hand, or a cook slips on a wet kitchen floor. How you respond in the first few hours makes a big difference for your employee’s recovery and for the cost of the claim. Here’s how a workers’ compensation claim typically works for Tennessee hotels and motels.
Who Needs Workers’ Compensation in Tennessee?
Tennessee generally requires employers with five or more employees, full or part time, to carry workers’ compensation insurance. Most hotels and motels meet that threshold. Workers’ comp pays for an injured employee’s medical care and part of their lost wages, and in exchange it generally prevents the employee from suing the business over the workplace injury.
Step 1: Get the Employee Care
Take care of the injured employee first. Call 911 for serious injuries. For minor injuries, provide first aid and arrange medical care. Don’t make the employee drive themselves if they’re hurt or shaken.
Step 2: Report the Injury Right Away
Employees should report injuries to a supervisor immediately, and Tennessee law expects prompt written notice to the employer. Build a simple process: the employee reports to the manager on duty, the manager completes an incident report, and the report goes to whoever handles insurance. Then report the claim to your workers’ comp carrier the same day if possible. Claims reported quickly cost less, on average, than claims reported late.
Step 3: Provide a Panel of Physicians
In Tennessee, the employer generally provides the injured worker with a panel of physicians to choose from for treatment. Your carrier can help you prepare the panel form. The employee picks a doctor from the panel, and the carrier pays for authorized treatment.
Step 4: Document the Incident
- Complete an incident report with the date, time, location, and how the injury happened.
- Take photos of the area and any equipment involved.
- Collect statements from witnesses.
- Save security footage if the area is covered by cameras.
Step 5: Understand Wage Benefits
If the doctor takes the employee off work or restricts their duties in a way you can’t accommodate, workers’ comp generally pays temporary disability benefits, typically about two-thirds of the employee’s average weekly wage, subject to state maximums and a short waiting period. If the injury results in a permanent impairment, additional benefits may be owed once the employee reaches maximum medical improvement.
Step 6: Offer Light-Duty Work
A return-to-work program is one of the best ways to control claim costs. If the doctor allows modified duty, offer work that fits the restrictions, such as front desk support, inventory, folding linens, or answering phones. Light duty keeps the employee engaged and earning, speeds recovery, and reduces wage benefits paid under the claim.
Step 7: Stay in Touch
Check in with the injured employee regularly. Employees who feel supported are more likely to return to work and less likely to hire an attorney. Stay in contact with the claims adjuster too, and share updates on light-duty options and any concerns about the claim.
Step 8: Learn From the Injury
After every claim, look at what caused it and what would prevent it next time. A new lift aid, a change in cleaning procedures, or a quick training refresher can stop a repeat injury.
Know Where to Get Help
Tennessee’s Bureau of Workers’ Compensation oversees the system and offers resources for employers and employees, including help resolving disputes. If you’re unsure about a requirement, ask your carrier or agent before making a decision.
The Most Common Hotel Workers’ Comp Claims
Most hotel claims come from a handful of causes: strains and sprains from lifting mattresses and linens, slips and falls on wet floors, cuts and burns in kitchens, repetitive motion injuries, and exposure to cleaning chemicals. Knowing your most common claim types tells you where prevention will pay off fastest.
What Workers’ Comp Generally Doesn’t Cover
Workers’ compensation covers injuries that arise out of and in the course of employment. Injuries during a commute, injuries caused by intoxication or willful misconduct, and purely personal activities generally aren’t covered, though every claim depends on its facts. Let your carrier make coverage decisions rather than telling an employee a claim won’t be covered.
Watch for Red Flags, But Report Every Claim
Most claims are legitimate, but some situations deserve a closer look: injuries reported long after the fact, no witnesses to an incident in a busy area, an injury reported right after a disciplinary action or layoff notice, or inconsistent accounts of what happened. Even then, report the claim and share your concerns with the adjuster. Never discourage an employee from filing. Retaliating against an employee for filing a workers’ comp claim is against the law.
Employer Mistakes That Increase Claim Costs
- Delaying the report to the carrier while waiting to see if the injury gets better.
- Not offering light-duty work when the doctor allows it.
- Losing touch with the injured employee during recovery.
- Paying medical bills out of pocket to avoid a claim, which can complicate the claim later and may violate your policy.
- Misclassifying employees or underreporting payroll, which can lead to audit surprises.
How Claims Affect Your Premium
Workers’ comp claims affect your experience modification factor, which adjusts your premium based on your claims history. Frequent small claims can hurt your mod as much as a large one, which is why prevention and prompt, well-managed claims matter so much. Contact Ace Insurance Consultants to review your workers’ compensation coverage or get help with a claim.
This blog is intended for informational and educational use only. It is not exhaustive and should not be construed as legal advice. Please contact your insurance professional for further information.
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