Tennessee workers compensation Benefit Review Conferences

If you have a workers compensation claim and cannot reach an agreement as far as the amount of the lump sum settlement, you may need to attend a workers compensation Benefit Review Conference (BRC) with your lawyer.

BRCs are held at the appropriate workers compensation office of the Tennessee Department of Labor.

A BRC is a mediation, or informal attempt at settlement before trial. Typically the employee and his or her attorney sits in one room and the defense attorney or adjuster sits in the other room. A workers compensation specialist with the State of Tennessee will act as the mediator, attempting to talk to both sides and find a resolution.

At the beginning of the BRC, the workers compensation specialist will go over the employee’s rights with the employee and have him or her sign off that they understand their rights. This includes telling the employee that they might get more or less if they went before a judge to have their case decided.

If you cannot reach an agreement as to how much your workers compensation claim is worth, an “impasse” is declared by the workers compensation specialist, and you can file a lawsuit.

If you do reach an agreement as to how much your workers compensation claim is worth, then either the specialist can approve the settlement, or your attorney may recommend scheduling the workers comp settlement in front of the local judge.

Typically the settlement check is not available the day of the BRC, unless the employer is self-insured or the claim value is very small. The workers compensation settlement check is made out to the attorney and the employee. The employee signs the check and the lawyer puts the settlement funds in the law office trust account. Once the check has cleared, the employee gets their check from the trust account.