Legal Question in Workers Comp in Tennessee

Job protection when a claim is filed
Reported sent to HR Generalist on 9/24/03 advising a diagnosis of bilateral CTS.The W/C Carrier did not contact me until mid-October and said the report was not filed by my employer until 10/6/03.During this three week period I was required to work significantly more than usual and when it was reported to my employer that the excessive workload was increasing my pain I was told to request an Ergonomics Assessment on 10/6/03 which still has not been completed. My employer reported to me in 11/03 I was not qualified to continue my job once the contract begins in April 04 because my position actually requires a Masters Degree. I was promoted to my position in 1998 the job decription in my employee file is not the same one presented. I had surgery on my RT hand 12/5/03 released to go back beginning 12/29/2003 on light duty, but my immediate supervisor indicated she didn't think the company has a light duty policy. It seems since filing a W/C claim my employer is using it as an advantage to replace my position. I feel that because I filed a W/C claim I am being punished and will lose my current position on a unfair labor practice. Do I have any rights to fight this kind of treatment?

Asked on 12/27/03, 3:37 am

Evan Harris Harris Law Office

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Re: Job protection when a claim is filed

Under Tennessee Law you have two issues to address.

First is your workers compensation injury and your resulting disability. How or If you return upon being released will be a factor.

Secondly, Tennessee Law allows for a claim against an employer for Retaliatory Discharge if you are fired for filng a claim.

There are several elements of proof you need to meet on such a claim. If you would like to discuss your matter, please feel free to contact me.

Sincerely,

Evan Harris

Nashville, TN

Answered on 12/27/03, 1:46 pm

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