Under Tennessee law, if you have a permanent injury and are returned to work at the same pay rate, you are limited in the amount of money you can recover. The term "capped" is often used to describe this situation. This gives your employer an incentive to rehire you.
Sometimes, the employer will try and skate around the rule by firing the injured worker shortly after they return to work. Thus, the employer received the benefit of the cap but did not truly give the employee their benefit - the job.
What can be done about this injustice? Reconsideration.
Under Reconsideration, the injured employee is allowed to re-open their case and it is treated as if they were never returned to work. This potentially means more money. If the employee is terminated, without fault, within either 200 weeks or 400 weeks (this depends on the type of injury) of being returned to work initially, they may be entitled to Reconsideration.
If you fit this category, please contact our office at Attorney Cody Allison & Associates / The Work Comp Team (615) 234-6000. You can also e-mail us at cody@codyallison.com. We will be happy to speak with you and find out if you are eligible for Resconsideration.
Sometimes, the employer will try and skate around the rule by firing the injured worker shortly after they return to work. Thus, the employer received the benefit of the cap but did not truly give the employee their benefit - the job.
What can be done about this injustice? Reconsideration.
Under Reconsideration, the injured employee is allowed to re-open their case and it is treated as if they were never returned to work. This potentially means more money. If the employee is terminated, without fault, within either 200 weeks or 400 weeks (this depends on the type of injury) of being returned to work initially, they may be entitled to Reconsideration.
If you fit this category, please contact our office at Attorney Cody Allison & Associates / The Work Comp Team (615) 234-6000. You can also e-mail us at cody@codyallison.com. We will be happy to speak with you and find out if you are eligible for Resconsideration.
A very good and informative article indeed.
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