These days, if you turn on the television, listen to the radio, or open the newspaper, chances are you run across at least one headline about the tough economy. I was recently asked if the economy could affect a Tennessee workers' compensation claim. It can.
First, there are incentives in TN work comp law to put injured employees back to work. Due to the tough economy, or other reasons, some employers want the advantages the law offers for putting an injured TN employee back to work, however, they ultimately want to get rid of them. How is this situation addressed under the law?
If the injured employee is returned to work at the same wage or greater, the employer gets to "cap" the employee's permanent partial disability award under TN law. In short, this means less money for the injured employee in terms of the claim award, however, this is offset by the fact that they do get their job back.
Sometimes employers will return the injured employee to work and receive the benefit of the "cap" but then fire the employee, through no fault of the employee, at a later time. This scenario (under certain time lines) would entitled the injured employee to a Reconsideration claim. A Reconsideration claim under TN law allows the employee to reopen their workers' compensation case and receive more money.
Tennessee law was amended approximately a year ago and states that if an injured employee is returned to work, and their pay is reduced due to an "economic downturn" in business, the employee may not seek reconsideration. The law also states that in order to make sure this is the true reason, the employer must also show that this same reduction in pay applied to at least 50% of its employees.
If you need help with your Tennessee work comp claim, please call our office, Attorney Cody Allison & Associates (615) 234-6000 and speak with one of our helpful staff members. We handle cases all over the State of Tennessee and will be happy to come to you, if needed. You can also e-mail me at cody@codyallison.com.
First, there are incentives in TN work comp law to put injured employees back to work. Due to the tough economy, or other reasons, some employers want the advantages the law offers for putting an injured TN employee back to work, however, they ultimately want to get rid of them. How is this situation addressed under the law?
If the injured employee is returned to work at the same wage or greater, the employer gets to "cap" the employee's permanent partial disability award under TN law. In short, this means less money for the injured employee in terms of the claim award, however, this is offset by the fact that they do get their job back.
Sometimes employers will return the injured employee to work and receive the benefit of the "cap" but then fire the employee, through no fault of the employee, at a later time. This scenario (under certain time lines) would entitled the injured employee to a Reconsideration claim. A Reconsideration claim under TN law allows the employee to reopen their workers' compensation case and receive more money.
Tennessee law was amended approximately a year ago and states that if an injured employee is returned to work, and their pay is reduced due to an "economic downturn" in business, the employee may not seek reconsideration. The law also states that in order to make sure this is the true reason, the employer must also show that this same reduction in pay applied to at least 50% of its employees.
If you need help with your Tennessee work comp claim, please call our office, Attorney Cody Allison & Associates (615) 234-6000 and speak with one of our helpful staff members. We handle cases all over the State of Tennessee and will be happy to come to you, if needed. You can also e-mail me at cody@codyallison.com.
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