PREMIUM
Jim Higgins
  • Elder Law, Employment Law, Medical Malpractice...
  • Georgia, Kentucky, Tennessee
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Claimed Lawyer ProfileQ&ALII GoldBlawgsearchSocial Media
Practice Areas
  • Elder Law
  • Employment Law
  • Medical Malpractice
  • Personal Injury
  • Products Liability
  • Workers' Compensation
  • Probate
  • Estate Planning
  • Family Law
  • Civil Rights
  • Nursing Home Abuse & Neglect
  • Insurance Claims
  • Social Security Disability/SSI
Additional Practice Area
  • Car Accidents
Fees
  • Free Consultation
  • Contingent Fees
Jurisdictions Admitted to Practice
Georgia
Kentucky
Tennessee
Languages
  • English: Spoken, Written
Professional Experience
Education
University of Memphis
J.D.
Professional Associations
Member
Million Dollar Advocates Forum
Current
Member
Tennessee Bar Association
Current
Member
Georgia Bar Association
Current
Websites & Blogs
Website
The Higgins Firm Personal Injury Website
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
Jim Higgins Personal Injury Website Profile
Blog
Tennessee Injury Lawyer Blog
Blog
Tennessee Employment Lawyer Blog
Blog
Tennessee Estate Law Blog
Legal Answers
15 Questions Answered

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.
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Contact & Map
The Higgins Firm PLLC
Nashville Office
525 4th Ave S
Nashville, TN 37210
USA
Toll-Free: (800) 705-2121
Telephone: (615) 353-0930
Fax: (888) 210-5883
The Higgins Firm PLLC
Chattanooga Office
651 E 4th St
#100
Chattanooga, TN 37403
USA
Telephone: (423) 954-0040
The Higgins Firm PLLC
Knoxville Office
200 Prosperity Place
Knoxville, TN 37923
USA
Toll-Free: (800) 705-2121
Telephone: (865) 297-5411
The Higgins Firm PLLC
Memphis Office
119 S Main St
#500
Memphis, TN 38103
USA
Telephone: (901) 584-0071
Fax: (888) 210-5883
The Higgins Firm PLLC
Kentucky Office
215 Bluegrass Rd
Franklin, KY 42134
USA
Toll-Free: (800) 705-2121
Telephone: (270) 220-0234
Fax: (888) 210-5883