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Effectively Communicating to Customers through Qualified Sign Language Interpreters
Communication is essential for every business model. Effective communication helps to ensure you answer customer questions about a product or service you are providing. This way your business makes the sale and ensures greater customer satisfaction. In the era of online reviews, this is more important than ever.
Businesses are required to provide appropriate auxiliary aids and services to all customers. This requirement includes an obligation to provide effective communication to companions who are individuals with disabilities. One such service is a Qualified Sign Language Interpreter for people who are deaf. The more lengthy and complex information is the more likely a Deaf person will need an interpreter. For instance, a Deaf person would need an interpreter for a doctor’s appointment but may be able to gesture or write notes when ordering food.
Effectively communicating with people who are Deaf usually requires the use of a Qualified Sign Language Interpreter. One common misconception is the expectation that all people who are deaf lip read. Even for those who do use lip reading, lip reading only yields a 30% to 40% understanding under the best conditions. Poor lighting, facial hair, indirect line of sight, and masks can obscure lips and make lip even reading less effective. As George Bernard Shaw once said, “The single biggest problem in communication is the illusion that it has taken place.”
When planning your business’s accommodations, one should ask what type of auxiliary aid or service customers or their companion might need to effectively communicate.
Each person with a disability is different. Hearing loss, and even deafness doesn’t always equate to fluency in American Sign Language (ASL). Some adults, for whom English is their first language, may lose their hearing later in life and may never acquire fluency in ASL. Written materials may be an appropriate auxiliary aid for someone who was hearing and for whom English is their first language. Most people who are Deaf have a visual language (like ASL) not English as their first language. Don’t assume – ask! Asking a person with a disability their preferred auxiliary aid or service helps ensure that you are providing the right method for effective communication.
Here a few more tips: 1. Talk to and look directly at the Deaf or hard of hearing (HOH) person, not the interpreter, if one is present. 2. Provide materials to the interpreter or their interpreting agency in advance if materials are available. (Ex. send contracts in advance.) 3. Use good eye contact and facial expressions with the person who is Deaf or HOH. 4. Speak at your normal rate of speech, unless the interpreter asks you to slow down. 5. Be aware of backgrounds and lighting. Busy backgrounds are often stressful on those dependent on visual messages. 6. When in a group setting, only one person should talk at a time. (This helps in Zoom calls as well!) 7. Be aware that the interpreter must interpret everything that is said. 8. Ensure that the sign language interpreter is in the clear line of sight of the Deaf person. This may mean that the interpreter stands behind you so that the Deaf person can look at you and also see their interpreter.
The United States Department of Justice has a concise Effective Communications pamphlet which provides even more insights. If you have a technical assistance question about how your business can provide effective communication, then contact the SouthEast ADA Center at 1-800-949-4232 or Disability Rights Tennessee at 1-800-Get-Help (1-800-342-1660).
Our thanks to attorney Daniel L. Ellis for the content of this article. Mr. Ellis is an attorney with Disability Rights Tennessee who serves on the Knoxville Bar Association's Board of Governors and as the KBA Access to Justice Committee's Co-Chair.
If you’re looking for a lawyer and just don’t know where to start, the Knoxville Bar Association’s LRIS is a great place to begin. We match you with a lawyer that suits your needs. Our trusted attorneys provide you with a free consultation so that you can decide if it’s the right fit. Want to learn more? Call us at (865) 522-7501 or visit knoxbar.org/lawyerfinder.
The materials contained in this blog are intended to, and do, provide only a broad overview of various legal topics. The general information contained in this material is not designed nor intended to be a substitute for legal advice on a specific legal issue or question. In addition, the information provided in this material is only general advice and may not be applicable to apparent similar individual problems, since only slight changes in facts change the applicable advice. If you have a legal problem or question, please consult an attorney.
Any publication, distribution, or other use of these materials without the express written consent of the Knoxville Bar Association is prohibited.
The Jab: Employer Rights and Considerations in the COVID-19 Era
For more than a year, employers faced COVID-19’s impacts on the operation of their business. Businesses learned to carry on in an economy where physical presence has been discouraged. In late 2020 and early 2021, however, vaccines were approved for emergency use, and many employers encouraged them to bring normality back to the workplace. To date, though, some employees remain skeptical.
Due to employee hesitancy, businesses are asking: is it permissible for an employer to mandate an employee be vaccinated? Generally, the answer is yes, provided the employer complies with the reasonable accommodation provisions of EEO laws. Nevertheless, employers may face legal risk and business realities when mandating vaccinations of employees if not handled appropriately.
In addition, private, unionized workplaces must consider collective bargaining obligations which exceed those required by EEO laws. Creating a workplace vaccination rule, in the union context, generally is a mandatory topic of bargaining. The NFL faced this very issue and was forced to abandon a vaccine mandate when the NFLPA opposed it. The lion's share of private employers, however, have more leeway in adopting vaccine mandates.
Therefore, businesses legal risks may center on: (1) whether the lack of vaccination of an employee presents a "direct threat"; in the workplace; (2) whether any accommodation requested is reasonable; and (3) whether a requested accommodation presents an undue hardship on the employer. Under ordinary circumstances, where a reasonable accommodation exists, employers should reasonably accommodate the disability and/or religious beliefs. Typically, the ADA requires an interactive process to determine what accommodations can reasonably be made for the disability. However, the emergent qualities of the pandemic and changing nature of guidance being provided by health officials and governments render decisions about implementing a vaccine mandate and addressing exemption requests a fact intensive analysis. The prudent employer will consult counsel as it makes decisions related to implementation and enforcement of a vaccine mandate.
A final consideration is the reality that businesses are experiencing one of the tightest labor markets in recent history. The labor market is creating conflicting priorities for employers: (1) a vaccine mandate to keep staff working and attract workers concerned by COVID-19’s risks; or (2) not mandating vaccination to make the business attractive to hesitant employees and applicants. The prudent business faces these considerations head-on and make a reasoned decision, given its legal risks and the reality of its labor market. With careful and thorough analysis, employers have significant leeway to make vaccine related workplace rules that work for them and their employees.
Our thanks to attorney Paul Wehmeier for the content of this article. Mr. Wehmeier practices labor and employment law with Arnett, Draper & Hagood, LLP and teaches Labor Law as an adjunct professor at the University of Tennessee College of Law.
"When written in Chinese, the word crisis is composed of two characters. One represents danger and the other represents opportunity" - John F. Kennedy
The world is swirling with crises. In fact, it seems like there is a new one every day. When things go awry, when things get bad, oftentimes the first call is to an attorney's office. Over the past year I have seen just about every kind of crisis a business can endure. Through those crises I have seen some businesses fail, I have seen some businesses survive, and I have seen some thrive. Yes, on the frontlines with my business clients, I've witnessed the good, the bad, and the ugly.
What I have learned over the years is that in every challenge there are lessons to be learned. In short, JFK was right. There is opportunity in every crisis.
At some point every business faces an existential threat. While every crisis is unique there are a few things that you can do (and not do) to help you not only survive those threats but to thrive.
There are also common mistakes that people make in the face of crisis. The most common mistake that I see is catastrophic thinking, ruminating about irrational worst-case outcomes. This is unhelpful in every case and can also become a self-fulfilling prophecy. The best leaders do not see things as worse than they are, nor do they paint a rosy picture and see them as better than they are. It takes a steady mind but to be effective in crisis situations you must analyze the situation and see things as they are.
We do not know when it is coming or what it might be, but we do know there are crises to face in the future. If you want to turn the next crisis into opportunity, put together a team, draw up a business continuity plan, analyze the situation and seek out opportunities, and whatever you do, don’t panic.
Our thanks to attorney Terry G. Adams, who practices business and real estate law in Knoxville, Tennessee, for the content of this article.
You’ve spent years logging long hours doing whatever it took to build your business into something that you’re proud of and that supports your and your employees' families. You’ve built a loyal customer base that appreciates the value you provide. You’re appreciated in the community for what you’ve created. Although they’ll never know as much or work as hard as you, the next generation of leadership is growing into their roles. After all your efforts, you’re ready . . . to flush it all down the toilet.
Baby Boomers, aged 56 to 75, own approximately two-thirds of the privately held businesses in the U.S., representing an estimated (pre-pandemic) $10 trillion of value. Whether you plan to retire or not, if you’re a Boomer owner the reality is you likely have 5-15 years remaining before you voluntarily or involuntarily cease to be the driving force of the business. Will your business survive without you? Will it thrive? Will you harvest reasonable, in some cases life-changing, wealth for yourself and your family? What will you do the first Monday you’re no longer the boss?
Consider:
How do you buck these depressing statistics? Plan.
Those who work simultaneously on the transferability of their business (business succession planning); their individual and family wealth picture (financial planning and estate planning); and the questions of who they’ll be and what they’ll do when they’re no longer running their business (personal “what next?” planning), are those who (1) successfully transition the business to family members or employees or sell it to the right strategic or financial buyer at the right price, and (2) successfully transition personally to a new phase of life and purpose.
Few business owners, even those heading into their late 60s and early 70s, have done much planning for their business. How much have you done? What will happen to your business, your employees, and your family’s wealth as you age out of running the show? Perhaps it is time to create and implement a plan. A combination of attorney, CPA, CFP/wealth advisor, business advisor and (when you’re ready to sell) investment banker, with a knowledge of you, your business, and the path to transition, can make all the difference in ensuring the continuation of the business and unlocking for you and your family the value you’ve created.
Our thanks to attorney Eddy R. Smith of Kennerly Montgomery, P.C., for the content of this article. Mr. Smith focuses on planning and litigation related to estates, trusts, businesses, and nonprofits.
[1] Statistics taken from Christopher M. Snider, Walking to Destiny: 11 Actions an Owner MUST Take to Rapidly Grow Value & Unlock Wealth (2016).
Revisiting the Tennessee COVID-19 Recovery Act (Download a copy)
We thought it would be a good time to revisit the provisions of the Tennessee COVID-19 Recovery Act (“the Act”), which was signed into law by Governor Bill Lee last August.[1] The Act is an example of a liability shield law and essentially makes it more challenging for plaintiffs to file lawsuits related to COVID-19 injuries.[2] Tennessee is not unique in enacting a pandemic-related liability shield law: over half of states have passed legislation based on similar principles.[3] In this post, we wanted to review how the Act has impacted COVID-related litigation.
There are four key ways in which the Act makes COVID-19 litigation more difficult for an injured party: 1) increasing the requirements for pleading, 2) requiring a more onerous certificate of good faith, 3) raising the burden of proof, and 4) increasing the standard of care. As compared to a normal negligence lawsuit, these provisions work together to make COVID-19 claims substantially harder to both plead and prove.
From the outset, the Act requires more information from a plaintiff alleging a COVID-19 injury than a normal negligence lawsuit. In their initial filings with the court, parties alleging COVID-19 injuries are required to detail “specific facts with particularity” to establish their claim.[4] This requirement is more exacting than the normal “notice pleading” standard seen in many negligence lawsuits, where the plaintiff only has to include enough information to put the defendant on notice of the issues presented.[5] By requiring the injured party to plead with specificity, the Act is requiring the injured party to present a more fully developed claim upfront before even beginning the litigation process. And because of the information disparities that often exist between plaintiffs and defendants, this pleading requirement will end many claims before they get started and leave other claims vulnerable to being dismissed.
Another item in the Act is the “certificate of good faith” requirement. In addition to their initial pleadings, plaintiffs are also required to file a certificate of good faith stating that 1) they or their lawyers have consulted with a physician and 2) the physician has provided a signed, written statement that they are competent to express an opinion about exposure or contraction of COVID-19 and believe that the alleged COVID-19 injury was caused by an act or omission of the defendant.[6] Compared to other health care liability actions,[7] the Act’s certificate of good faith requires a physician willing to make a representation about causation, again before the litigation and the discovery process have begun.
Furthermore, the Act increases the burden of proof on the injured party. The Act requires the injured party to establish their claim by “clear and convincing evidence.”[8] This is a more rigorous burden of proof than the “preponderance of the evidence” or “more probable than not” standard that is required in most civil suits. In comparison, clear and convincing evidence is often defined as evidence that “enables the fact-finder to form a firm belief or conviction regarding the truth of the facts, and eliminates any serious or substantial doubt about the correctness of these factual findings.”[9]
Finally, the Act requires more than just an allegation of simple negligence. Instead, the Act limits liability to cases where the plaintiff can establish “gross negligence” or “willful misconduct.”[10] Although the Act does not define these terms, the Tennessee Court of Appeals has defined gross negligence as acting both negligently and with “utter unconcern for the safety of others, or . . . reckless disregard for the rights of others”[11] and has defined willful misconduct as intentionally acting in “purposeful violation of orders” and with “an element of perverseness.”[12] As local attorney Hannah Lowe writes, “[C]laims alleging (and establishing) ‘gross negligence’ and ‘willful misconduct’ are extremely rare.”[13]
Altogether, the provisions of the Act create high barriers to entry for lawsuits related to COVID-19 injuries. Many of these potential suits may never be brought. The cases that are filed face a challenging path.
Nevertheless, if you have been injured by COVID-19 and are considering a lawsuit, you may want to discuss the viability of your claims with an attorney. And if you are an individual, healthcare provider, or business being sued for a COVID-19 related matter, you should consider hiring an attorney to develop a plan for combating these claims.
[1] See Senate Bill 8002 and House Bill 8001, Bill Summary, available at https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB8002&ga=111.
[2] The Act applies to “persons” alleging “loss, damage, injury, or death arising from COVID-19.” T.C.A. § 29-34-802(b). In this blog post, we use the catchall term “COVID-19 injury” to encompass these various claims.
[3] Chris Marr, COVID-19 Shield Laws Proliferate Even as Liability Suits Do Not, Bloomberg Law, Jun. 8, 2021, available at https://news.bloomberglaw.com/health-law-and-business/covid-19-shield-laws-proliferate-even-as-liability-suits-do-not.
[4] T.C.A. § 29-34-802(c)(1).
[5] See, e.g., Webb v. Nashville Area Habitat for Humanity, Inc., 346 S.W.3d 422, 427 (Tenn. 2011) (describing Tennessee’s historical liberal notice pleading standard).
[6] T.C.A. § 29-34-802(c)(2).
[7] Compare T.C.A. § 29-26-122(a) (laying out the requirements for the certificate of good faith in a health care liability action) with T.C.A. § 29-34-802(c)(2).
[8] T.C.A. § 29-34-802(b).
[9] In re Carrington H., 483 S.W.3d 507, 522 (Tenn. 2016) (cleaned up).
[10] T.C.A. § 29-34-802(b).
[11] Greene v. Titi, 2010 Tenn. App. LEXIS 8, at *22 (Tenn. Ct. App. 2010) (cleaned up).
[12] Id.
[13] Hannah Lowe, The Tennessee COVID-19 Recovery Act, DICTA, Nov. 2020, at 16.
Your Employment Law Questions Answered
One of the many side effects of the pandemic that we have noticed here is an increase in employment-related legal matters. That’s why we invited employment attorney and LRIS panel member Katherine Young to answer your employment law questions in this month’s blog. Katherine has over 25 years of legal experience and has had an array of fascinating jobs, including serving as an Assistant Professor at the University of Tennessee and working as a Civil Rights Investigator for the State of New Mexico. She now has a robust employment law practice, where she handles cases involving discrimination, retaliation, whistleblowing, wages and overtime, unemployment, and much more.
Let’s get to the questions!
I was recently fired from my job. What legal remedies do I have? Your legal remedies will depend on the reason for your termination, the number of employees at your employer, and whether you worked for an employer who is covered by certain state or federal laws. You may be entitled to unemployment insurance benefits, to file a charge of discrimination if applicable, and possibly have a claim that supports filing a lawsuit. An employment lawyer will ask you numerous questions to see where you, and your former employer, stand in relation to various laws.
What documents or evidence should I try to collect if I think I am the target of an unfair employment action? Important documents to preserve are 1) termination paperwork, 2) any past disciplinary actions, 3) the employee handbook, and 4) any documentation of your pay, hours worked, and benefits you received at your job. There may be other important documents specific to your situation, such as emails documenting your requests for medical leave or accommodation, or notification to your employer of problems in the workplace.
Everyone keeps telling me that Tennessee is a “right-to-work state” with “at-will employment.” What do those terms really mean? A “right to work” means that you have a right to work at a job whether you choose to join a union or pay union dues at a unionized workplace. An employer cannot condition your hire on joining a union or paying union dues. There are few unionized workplaces in our immediate area, so it is not a significant factor in employment for most East Tennessee workers. “At-will employment” means that employers may terminate an employee for any reason or no reason at all, as long as their reason is not prohibited by law, such as due to discrimination or in retaliation for an employee whistleblowing. Similarly, “at-will employment” means that an employee is free to quit their job for any reason or no reason at all. In some cases, there may be an employment contract in place that determines when, why, and how an employee can be fired or leave their position.
What’s the difference between the Equal Employment Opportunity Commission (EEOC) and the Tennessee Human Rights Commission (THRC)? The EEOC is a federal agency, and its responsibilities include employers with 15 or more employees or discrimination under specific federal laws. The THRC handles similar matters for employees who work at smaller workplaces, having at least eight employees (not including the owner(s)). Before you file a charge of discrimination, you should gather all information such as your dates of employment, names of the supervisors and employees who would know the facts, any documents supporting your claims of discrimination, and be prepared to explain what, specifically, you believe was discriminatory. Both the THRC and the EEOC accept charges of discrimination online.
Why did I get a “right to sue” letter from the EEOC? Why do attorneys keep turning my case down? “A Right to Sue” letter from the EEOC means that the agency has completed any work it intends to do on your case. It has either investigated or has determined an investigation cannot be justified. You have 90 days from the date of receipt to file a lawsuit in federal court. Tennessee law does not require a “Right to Sue” letter to file suit, and if your claim involves only Tennessee law, you can file suit at any time, if you are within the appropriate statutes of limitation. Attorneys may be turning down your case for litigation because there is not enough evidence to support a lawsuit, or because you do not have sufficient financial damages to support litigation. Many people would like to sue based upon principle, but attorneys do not generally recommend litigation based upon principle alone. Litigation can be an expensive, emotionally draining, and lengthy process for you.
What outcomes can I expect from a successful wrongful termination suit? A successful wrongful termination case will involve the payment of back pay (minus any money you have earned in the meantime), possibly future pay to cover lost wages if you have a lower-paying current job, attorneys’ fees, the costs of litigation, possibly money for your inconvenience, humiliation, and emotional pain, and very rarely, punitive damages. East Tennessee juries are cautious and fiscally conservative. Our area is known for low verdicts, even in cases of very bad behavior on the part of employers. What may appear to you to be malicious actions on the part of your employer justifying a large payment for emotional distress may not appear that way to others, who did not experience your situation firsthand. Most people have worked for unpleasant people and have experienced a difficult workplace situation. Jurors are no different and they bring their life experiences to the table when they determine damages.
I am being harassed at work. What do I do next? If you are being harassed at work, you need to inform a supervisor or manager of your concerns. I recommend employees use email or send text messages to create a written record of your complaints. If the harassment continues, escalate your concerns to a higher level of management, if possible. You should keep detailed records at home of what is happening on a day-to-day basis, the names of witnesses, and all complaints you have made. Include dates, times, locations, and full names in your records. It is very hard to locate "Bob, in the shipping office," two years later when Bob has changed employers. The law requires that you give the employer a full and fair opportunity to correct workplace harassment and discrimination before you take legal action.
I am having issues with my unemployment insurance. How can an attorney help me? When should I get an attorney involved? If you have been awarded unemployment compensation and your employer has appealed, or, you have been denied unemployment compensation and appeal, a hearing will be held. This is the time to seek out an attorney. The first hearing sets the record for any further appeals. People often say they will handle the first hearing themselves, and then get an attorney if the matter goes further. It is usually too late then, as the first hearing determines the evidence in the record. The reason to get an attorney involved is that the hearings are under oath, recorded, and evidence is collected. If you do not follow the rules on evidence, it doesn't matter what has previously been sent to the unemployment department. You will be required to pay back the State of Tennessee for any monies you received if you lose your appeal.
What can an employment attorney do for me generally that I can’t do on my own? An employment attorney can advise you about whether you are protected by law, what evidence is needed to pursue a claim, and whether the ultimate result may justify your pursuit of a claim. When you have a viable legal claim, an employment attorney can help you pursue your case. Oftentimes we advise people that there is no protection for their situation and then a personal decision must be made about quitting or staying in the job.
How much is an employment attorney going to cost me? Some types of legal representation are a flat fee (for example, an unemployment hearing or a review of a non-compete agreement), some are on a contingency basis (if you don't get a settlement or a verdict, the attorney is not paid), and some are an hourly fee (defending a claim of violation of a non-compete or an administrative hearing). Each attorney sets rates based on his or her own view of a particular matter. Standard contingency rates run from 33%-45% of a verdict or appeal, depending on the complexity and length of the representation. Hourly rates in this area run from $250 to $400 per hour, depending on the attorney.
Just for fun, what is your favorite part of your job? My favorite part of my job is when a client tells me that it was worth going through the process for the result. I am always happiest when my client wins or settles for enough money to move on with their life. However, I have had several clients tell me that it was worth it for them just to stand up for themselves, even if the result was not all that they had hoped.
And finally, why are you a part of the Knoxville Bar Association’s Lawyer Referral & Information Service? I have been a part of the KBA's LRIS for many years because I like to help callers, even if I can't represent them. Often people just need someone to listen to the situation, explain the possible options, and sympathize if nothing can be done. On the other hand, I have been referred numerous LRIS clients who have successfully pursued a claim and are happy that they did not just walk away from an injustice. LRIS serves a critical need in our area and is a valuable resource for East Tennessee.
Thank you, Katherine, for these helpful insights on a variety of employment-related issues!
The materials contained in this blog are intended to, and do, provide only a broad overview of various legal topics. The general information contained in this material is not designed nor intended to be a substitute for legal advice on a specific legal issue or question. In addition, the information provided in this material is only general advice and may not be applicable to apparently similar individual problems, since only slight changes in facts may alter the applicable advice. If you have a legal problem or question, please consult an attorney.
"Yikes!" "Ouch!" "Oh No!" All things we might say when we're injured. The next thing we might ask ourselves is "What now?" If our injury was caused by someone else, at some point we are going to wonder, "Do I need to call an attorney?"
The answer will depend on several factors, not least of which is how severe the injury. Other considerations are how it happened, who is at fault, and whether or not that fault results in legal liability.
Here are some points to consider:
First, if the injury is severe enough to warrant medical treatment, be sure and obtain the needed treatment as soon as you can. Besides the basic need to take care of yourself, documentation of the injury is important should you need to pursue legal action later.
In Tennessee there is a one-year statute of limitations for filing most injury claims (T.C.A. §28-3-104(a)(1)). That does not mean that you necessarily need to call an attorney from your hospital bed, but it does mean that you should not wait too many months to talk to an attorney if you are badly injured. Evaluating the potential of a case and preparing to file suit takes time.
The attorney will evaluate whether or not the plaintiff (victim) can prove in a lawsuit that the actions of the defendant were either intentional, malicious, reckless or negligent. The most common standard used is negligence, under which the plaintiff must prove several things including duty of care, breach of that duty of care, that injury or loss was sustained by the plaintiff, and that the harm would not have occurred “but for” the defendant’s negligence.
Car accidents are commonly featured in advertisements because these items are easier to prove because of traffic laws and the availability of insurance coverage to fund compensation. Often these cases are settled before they come to trial. Importantly, most cases which are successfully pursued are ones in which BOTH parties have insurance. Situations in which one or the other party does not have insurance are difficult to resolve equitably.
Fall injuries are more complicated than most people initially believe, and proving negligence may be more challenging. Consider, for example, if someone spills a bottle of cleaner in a store aisle a few minutes before someone walks down the same aisle and slips on the puddle. If the store workers did not know of the spill, they may not have had a duty of care. An example of a fall situation which may be easier to prove a duty of care is if you hear someone say, for example, “I told them about that spot,” or “you’re the second (third, etc.) person to fall right there.” Because of this and the system of comparative negligence in Tennessee, falls are rarely simple cases, and if one is severely injured in a fall, it’s best to consult with an attorney who evaluates these types of injuries.
If you are injured at work, your injury will fall under Tennessee’s Workers’ Compensation laws. Visit www.tn.gov/workplace to learn about this system, which is governed under the Board of Workers’ Compensation and has its own system of courts and judges.
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Our callers dealing with workplace injuries often report not knowing how to start finding assistance with their workers’ compensation matters. The good news is that there are many free resources available to assist the unrepresented injured worker. In this blog post, we thought it would be helpful to overview some of the available tools.
Ombudsman Program – (800) 332-2667, Monday - Friday, 7:00 AM - 4:30 PM CT. The Ombudsman Program exists “to assist injured or disabled employees” – among others – “in protecting their rights” when they “are not represented by an attorney.” Tenn. Code Ann. § 50-6-216(a). There are a variety of situations where an ombudsman might be able to provide assistance to an injured worker, including (1) problems obtaining a list of approved medical providers, (2) issues with authorization for medical treatment, (3) delays in receiving your benefits, and (4) claim denials even though you believe your injury was work-related. Currently there are four non-attorney and two attorney ombudsmen working for the Bureau of Workers’ Compensation (BWC). The licensed attorney ombudsmen are permitted to provide limited legal advice. Tenn. Code Ann. § 50-6-216(e)(3).
Mediation – Free mediation services are offered in all workers’ compensation cases, and are actually required in most cases before they can proceed to litigation. Mediation is a form of alternative dispute resolution where a mediator assists the parties in voluntarily reaching an agreement, and it has the benefits of often being quicker and less expensive than litigation. The BWC has trained mediation specialists who are well versed in Tennessee workers’ compensation laws and are striving to facilitate resolutions. Mediation occurs in private, and although the mediators are employees of the State, they do not have a stake in the outcome of your case. If you were injured on/after July 1, 2014, you can begin the mediation process by filing a “Petition for Benefit Determination.”
WC Bot – The “WC Bot” is a newer tool offered by the BWC that utilizes artificial intelligence to help injured workers fill out several relevant workers’ compensation forms at no cost. When you use the WC Bot, you will create an online account and then the WC Bot will “interview” you either through speech or text. The WC Bot can assist you in completing forms like the “Petition for Benefit Determination” and the “Request for Expedited Hearing.” The information shared with the WC Bot is kept private, and the WC Bot saves your progress so you can take a break and come back within two weeks to finish the process. The WC Bot was made possible through a partnership between the BWC and the Tennessee Alliance for Legal Services, LMU’s Duncan School of Law, and LawDroid.
Court Opinion Databases and Access to T.C.A. – The public can access the orders and opinions issued by the Tennessee workers’ compensation courts. The BWC has partnered with Court Listener to offer a free, searchable database, with the decisions from both the Court of Workers’ Compensation Claims and the Appeals Board. The BWC also has a link on their website to the relevant code, where you can peruse the workers’ compensation laws in Tennessee under Title 50, Chapter 6 of the T.C.A.
Other Resources – There are also numerous resources online designed to provide information to the injured worker about their rights. Here are a few more links that might be helpful:
Of course, if you still find yourself needing a worker’s compensation attorney, we hope you will give us a call for an attorney referral at (865) 522-7501 or online at www.knoxbar.org/lawyerfinder.
Special thanks to Presiding Judge Timothy W. Conner of the Tennessee Workers’ Compensation Appeals Board for inspiring and contributing to the content of this blog post.
If you’re looking for a lawyer and just don’t know where to start, the Knoxville Bar Association’s LRIS is a great place to begin. We match you with a lawyer that suits your needs. Our trusted attorneys provide you with a free consultation so that you can decide if it’s the right fit. Want to learn more? Call us at (865) 522-7501 or visit knoxbar.org/findalawyer.
Tax Tips for a Turbulent Time
As 2020 comes to a close, we wanted to talk about everyone’s favorite topic: taxes! Okay, maybe not everyone’s favorite, but there are several steps you can take now (and throughout the year) to make the process a little easier in 2021.
1) Gather Your Tax Records
You may want to begin gathering and organizing your records. Having all your necessary tax documents in one place will make the filing process smoother and prevent possible mistakes. Keep alert for relevant tax documents as they arrive from employers, banks, etc., and develop a system for keeping these documents handy and safe. In your tax records, you are going to want to include any W-2 forms from employers, 1099 forms from banks and other payers, and other income documents and records of virtual currency transactions.
If you received an Economic Impact Payment (EIP) this year, make sure you keep your Notice 1444 with your other tax records. This notice should have been mailed to your last known address by the IRS within 15 days of you receiving your EIP. This document may be especially relevant if you believe your EIP payout amount was wrong.
Related to the stimulus payments, you may be eligible for a Recovery Rebate Credit if you met the requirements in 2020 for an EIP but did not receive one or got less than the full amount. You can learn more about your eligibility for the Recovery Rebate Credit here: https://www.irs.gov/coronavirus/economic-impact-payment-information-center.
If 2020 was a year of many changes for you, remember to notify the IRS of address changes and the Social Security Administration of a legal name change. Keeping your information up-to-date will help prevent delays down the line.
2) Use the Tax Withholding Estimator
The IRS offers a tool on its website for estimating the appropriate amount of federal income tax that should be withheld from your paycheck. Withholding the correct amount now can prevent surprise tax bills or penalties later after you file your return. You may want to use the estimator to determine whether you should update your W-4 form with your employer.
3) Check the Status of Your Individual Tax Identification Number (ITIN)
Some federal taxpayers will have an Individual Taxpayer Identification Number (ITIN), which is a tax processing number issued by the IRS to certain individuals who do not have a social security number and are not eligible to obtain one. If you have an ITIN, the IRS recommends checking now to make sure that it has not expired. You can learn more about which ITINs are expired/expiring here: https://www.irs.gov/individuals/individual-taxpayer-identification-number.
You will want to file a renewal application as soon as possible if your ITIN is expired/expiring this year. This is an important step because if you file a tax return with an expired ITIN, you may experience delays in any refund you might be owed. You can download a copy of the Form W-7 here: https://www.irs.gov/forms-pubs/about-form-w-7.
We hope these simple steps may make the tax filing season a little less stressful in 2021.
This blog post is based on information shared by the IRS here: https://www.irs.gov/individuals/steps-to-take-now-to-get-a-jump-on-next-years-taxes.
You hired an attorney to draft your will, and it is ready! So, now what? Who should keep the original and where? You have several options to consider, and we will explore the various pros and cons of each in this blog post.
You Keep the Will
There are several advantages to your holding on to your original will. For one, you can have the peace of mind that this important document is under your control. You do not have to worry if your attorney has moved offices or retired. If you move to another city or state, as many of us will in our lifetimes, you already have your original will with you and do not need to add the extra hassle of contacting your attorney to collect the document. You keeping your original will is just simple and easy.
Of course, there are downsides to keeping your original will. Most importantly, we all lose things! Especially during times of upheaval, like a move to a new house or an assisted living facility, items can be lost in the shuffle or accidentally purged in the process of downsizing. There are other possible downsides as well. For one, you might be tempted to make handwritten changes to your will over the years, which increases the risk that your will might be invalidated in its entirety by a probate court. Moreover, depending on where you keep your will, nosy relatives or possible heirs might discover its contents. And to keep your will truly safe from destruction and unwanted eyes, you may incur additional costs to invest in a bank safe deposit box or fireproof home safe.
A Note on Where to Keep Your Will
In deciding where to store your will, there are three main considerations: protecting the document from damage, knowing where it is located, and keeping the document confidential.
Attorney Keeps the Will
Given the possible risks of keeping you own original will, you might want to consider having your attorney keep the document. Attorneys generally have a lot of experience keeping records, and estate planning/administration attorneys often invest in the staff, systems, and infrastructure needed to safeguard documents like wills. In addition to their firm having a fireproof safe or bank safe deposit box, attorneys will often have procedures in place dictating and documenting when and how your will is accessed or moved. These additional protections can give you the assurance that your will is safe from inadvertent misplacement or destruction.
Additionally, having your attorney keep your will also encourages continuity because that attorney or firm will be contacted when you pass away. All things being equal, the attorney that prepared your will is best positioned to navigate the probate process for your estate.
There are several cons you might consider, though. Your attorney might leave their firm, retire, or pass away themselves, leaving your original will in possible limbo. Even with a developed document retention plan, if something changes with your attorney, you will have to decide whether to retrieve the document, have it follow the attorney, or leave it with the firm. Memories also fade, sometimes leaving you or your family members struggling to recall the name of the attorney or law firm that has the original. One note—if you have passed away and your family has forgotten who prepared your will, the Knoxville Bar Association will gladly contact our members to try and find that attorney.
Probate Court Keeps the Will
Another possible option is to file your will with the county probate office. Your original will is kept in a vault with limited access. There are usually small fees for this process and may be additional fees every time you want to access the will. In Knox County, you would bring your will to the Probate Division of the Chancery Court. They charge a $7 filing fee, and you can access your will during business hours with proper identification. This option has many of the safety and confidentiality benefits of having your attorney keep your original will.
The decision of where to keep your original will is yours, but we hope this blog post illuminates some of your options.
This post was adapted with permission from an article in the December 2020 DICTA, Volume 48, Issue 10, page 6, entitled “For There to Be a Way, There Must Be a Will” by O.E. “Sonny” Schow, IV of Woolf, McClane, Bright, Allen & Carpenter, PLLC. Check out the original article and more DICTA content on our website at www.knoxbar.org/DICTA.
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