John, a constructor worker, was hurt one day on the job. After hitting his hand hard with a hammer, he headed to one of the three doctor options provided to him by his employer’s worker’s compensation insurance.
The doctor gave John a sufficient disability rating to qualify him to receive worker’s compensation. John did so.
Two weeks later, John was fired by his boss.
While John is fictional, as well as the story, this situation can happen. In fact, new laws in Tennessee basically say that the employer can offer any excuse for firing the employee.
While taking worker’s compensation that’s been awarded to you is a way to negate any potential lawsuit you can file against your employer, it’s not immunity against being terminated from your job.
However, if the employer does want to fire you, he or she is going to have to pay a penalty to do so. There is an exact formula to determine the amount of extra money you would receive. This would increase your worker’s compensation lump sum benefits.
It’s important to keep in mind, however, that firing an employee because of an on-the-job injury is still quite often considered a retaliatory discharge, or a punishment of an employee for engaging in a protected activity. This can expose the employer to a separate lawsuit for damages.
At Darrell Castle & Associates, we’ve seen cases like this and we’ve had some pretty good recoveries from them.
If you’re in this situation, or someone you know, do yourself a favor and find a good attorney who’s experienced in worker’s compensation and will get you the money you deserve.
When you’re hurt on the job, our attorneys know you already have a lot of stress on your shoulders. The additional paperwork and legal experience needed to file a successful worker’s compensation suit only adds to the stress.
Let us help.
If you’re been injured on the job, please contact us today, either online or by calling us at (901) 327-1212. One of our attorneys will be ready to speak with you, free or charge.