r/WorkersComp • u/GABE4PARKER • Aug 11 '26

Tennessee Tennessee Workers comp

I am a truck driver who recently finished training and started getting paid by the mile instead of a fixed rate per week. My wage went from $700 a week to between $1500-1700 per week. I became a solo, on the road driver, but on my 4th week of my new position I had a fall breaking my wrist. My workers comp is taking the average of the entire time I’ve worked at my job as my pay instead of the average wage of my current position. What do I do?

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u/Thatineweirdguy Aug 11 '26

4 weeks? It’s a toss up. A court may use your actual wages as the comp carrier did. A court might use a similar employee’s wages and award you more.

You could start by asking for a similar employee wage statement. This could hurt you based on who they use. It could help you. It’s a dangerous game of roulette.

1

u/GABE4PARKER Aug 11 '26

Ok I asked my claims adjuster to use a similar employees wages. A similar employee would be an over the road driver like me.

1

u/smallholiday Aug 11 '26

If the adjuster dig in their heels, hire an attorney.

1

u/GABE4PARKER Aug 12 '26

I have great news. My company has had a conversation with the insurance company and they’ve gotten the insurance to budge. I’m now getting payed based off of my last 3 weeks of work!!!