- Elder Law
- Employment Law
- Medical Malpractice
- Personal Injury
- Products Liability
- Workers' Compensation
- Estate Planning
- Family Law
- Civil Rights
- Nursing Home Abuse & Neglect
- Insurance Claims
- Social Security Disability/SSI
Additional Practice Areas
- Car Accidents
- Free Consultation
Jurisdictions Admitted to Practice
|The Higgins Firm PLLC|
|University of Memphis||J.D.|
|Member, Million Dollar Advocates Forum|
|Member, Tennessee Bar Association|
|Member, Georgia Bar Association|
|Semi-Truck Case Settled After Discovery of Driver Log Book Fraud|
The Higgins Firm 525 4th Ave South Nashville, TN 37210 (615) 353-0930 www.thehigginsfirm.com
|What Really is a Tennessee Wrongful Death Case?|
The Higgins Firm 525 Fourth Ave South Nashville, TN 37210 (615) 353-0930
|Recent Construction Accident Lawsuit filed in Tennessee|
The Higgins Firm 116 Third Ave South Nashville, TN 37201 (615) 353-0930 www.thehigginsfirm.com
- Overall: 16 Answers
Q. I quit my job but have issues with a W/C claim. Can I still make them treat my problem?
A: You have one year to pursue the claim. If a year hasn't passed they should provide treatment. However, the longer it has been since your last visit to the doctor the more difficult it will be to obtain care. You may want to contact the TN dept of labor, workers compensation division.
Q. My husband had carpal tunnel surgery and his wc case was closed with 0% impairment/both hands. We don't agree. What now?
A: You have a couple of options. You can hire another doctor to give a second opinion as to impairment or if the doctor gave him any restrictions you can request a second opinion through the department of labor. If you need to hire another doctor I would contact a lawyer with work comp experience as they will know which doctor is best for a second opinion. Feel free to contact my office.
Q. Can a workers comp judge deny a settlement offer even if both parties agree?
A: Yes. Ultimately it is up to the judge to make sure the settlement gives the employee all the benefits they would be entitled to under the workers compensation act. If the judge does not believe it is fair he or she can deny it.
Q. Is an insurance agent considered to be exempt for overtime
A: It really depends on their job duties. Often insurance agents fall under the outside sales exemption or the administration exemption. To know if these specific agents are exempt you would really need to set forth a detail description of their job duties and pay structure.
Q. If I'm fired for having ptsd, do I have a case? i have been to Iraq twice and that is where it started.
A: It depends. PTSD is likely a disability under the ADA if it substantially limits one or more major life activities. If this is the case for you the next question is can you perform your job with a reasonable accommodation. If so and the employer fires you any way the termination may be illegal.
Q. I have been issued a right to sue letter by the EEOC do I have to have a lawyer to file lawsuit or can I file it myself?
A: Anyone can represent themselves in Court. As such, you do not have to have a lawyer to file suit. I will warn you, however, that the law can be complicated and difficult so be careful. Good luck
Q. I recently, 3 months ago, started a new job with a Dental office. I have been ''jokingly'' referred to as ''old man'' .
A: There is no limit on the hours that can be required to work, however, if you work over 40 hours per week you may be entitled to overtime under the FLSA.
Q. Is it legal to pay someone in cash and a check but take out taxes on both and not pay you for overtime.
A: An employer can pay in cash or check. Taxes are not optional so they have to be paid no matter how you are paid. As to overtime, as long as you are non-exempt under the FLSA you should receive it for all hours worked over 40 in one week. It really depends, however, on how you are paid and what type of work you do.
Q. I worked for a company with approx.10 employees. My employer cut my pay by 50% without any written notice is that legal?
A: As long as your employer tells they are going to cut your pay and it is not for work already performed the reduction is likely legal. Keep in mind that the fair labor standard act will apply if you are a non-exempt employee. As such, you still should obtain overtime and must be paid for each hour worked.
WEBSITES & BLOGS
Website: The Higgins Firm Website
Website: Jim Higgins Website Profile
Website: Higgins Firm Employment law Website
Website: The Higgins Firm Workers Compensation Website
Website: The Higgins Firm Product Recall Website
Website: The Higgins Firm Knoxville Employment Website
Website: Jim Higgins Knoxville Employment Website Profile
Website: The Higgins Firm Estate Law Website
Website: Jim Higgins Nursing Home Abuse Website Profile
Website: The Higgins Firm Nursing Home Abuse Website
Website: The Higgins Firm Personal Injury Website
Website: Jim Higgins Personal Injury Website Profile
Blog: Tennessee Injury Lawyer Blog
Wrongful death lawsuit filed against Tony Stewart on behalf of the family of Kevin Ward Jr. TDOT Releases Findings on Potentially Dangerous Section of I-40 in Wilson County Nursing Home To Pay $18 Million In Neglect Case Tennessee Nursing Home Banned from Taking New Patients after putting them in Danger Jury Awards Family $1.2 M in Nursing Home Abuse Case Wal-Mart Settles Accident Lawsuit with Actor Tracy Morgan I have a hired a personal injury lawyer, Now what? Nursing home residents forced to move after facility loses federal funding What is Involved in Obtaining a Divorce in Tennessee
Blog: Tennessee Employment Lawyer Blog
If I am an “independent contractor” – am I entitled to overtime and minimum wage? Whose tips are they anyway??? Sirius XM Radio to pay $1.3M to settle suit over unpaid internships EEOC Rules Workplace Sexual Orientation Discrimination Already Illegal Under Federal Law President Obama to raise wages for millions Why are FMLA Lawsuits on the Rise? Employers May Face Investigation if they are not paying their Employees Properly for Overtime Family and Medical Leave Act (FMLA) Protections for Same-Sex Spouses Get your hands off my Tips!
Blog: Tennessee Estate Law Blog
Lessons from Paul Newman of what not to do in estate planning Why the Sofia Vergara embryo lawsuit is so important So what counts towards a taxable estate? Tennessee Will Declared Invalid Because of Improper Witness Signatures BB King’s daughters claim ‘missing’ Will Tips for Choosing the Best Estate Plan for you A Living Trust Versus a last Will: Which one should I choose? Basics about Tennessee Probate Estate Planning New Year’s Resolutions
If I am an “independent contractor” – am I entitled to overtime and minimum wage?: Today, about 50 million wor... http://bit.ly/1UY3jmZ— Jim Higgins (@TNLawyer) August 21, 2015
Whose tips are they anyway???: According to the United States Department of Labor, minimum wage would need to ... http://bit.ly/1J0AaSO— Jim Higgins (@TNLawyer) August 18, 2015
Wrongful death lawsuit filed against Tony Stewart on behalf of the family of Kevin Ward Jr.: Recently, a wr... http://bit.ly/1Tu8Grf— Jim Higgins (@TNLawyer) August 12, 2015
Sirius XM Radio to pay $1.3M to settle suit over unpaid internships: Whether you are going to a forty an hour ... http://bit.ly/1gzMQpI— Jim Higgins (@TNLawyer) August 12, 2015
TDOT Releases Findings on Potentially Dangerous Section of I-40 in Wilson County: Many factors can contribute... http://bit.ly/1SXq6MA— Jim Higgins (@TNLawyer) August 3, 2015
Nursing Home To Pay $18 Million In Neglect Case: In this case, Eliza Jennings worked until she was in her eigh... http://bit.ly/1gjSX24— Jim Higgins (@TNLawyer) July 28, 2015
EEOC Rules Workplace Sexual Orientation Discrimination Already Illegal Under Federal Law: Recently, the Equal ... http://bit.ly/1fmtjbH— Jim Higgins (@TNLawyer) July 22, 2015
President Obama to raise wages for millions: If you are working over forty hours a week and are not currently ... http://bit.ly/1JCPCEz— Jim Higgins (@TNLawyer) July 2, 2015
Donelson Nursing Home Banned from Taking New Patients after putting them in Danger: When you have to make the ... http://bit.ly/1HwCf9U— Jim Higgins (@TNLawyer) June 11, 2015
Jury Awards Family $1.2 M in Nursing Home Abuse Case: According to this case, Doris Racher and her two sisters... http://bit.ly/1JDDiF2— Jim Higgins (@TNLawyer) June 8, 2015
CONTACT & MAP