My workers compensation claim was made in the State of: TN
I injured my shoulder within the course and scope of my employment, while making deliveries to a nationl chain restaurant. Notified my employer two days later of the injury. He just said to rest and he didn't schedule me for work the rest of the week. I went to my own doctor five days later because my shoulder still hurt. Doc gave me an "off work" for 2 weeks notice until I could see an orthopedic doc. I gave him the doctor's excuse and he handed it to the transportation manager, who walked right by me and didn't say a word to me. I asked my supervisor if he could schedule me for work, such as working the yard, dispatching, or driving shuttles. He said until I could return to work at "full duty" the company couldn't use me. Went to the ortho doc and he told me not to do any lifting for 3 weeks. Went back to my employer with the ortho's excuse and was told to see the HR lady. I asked the HR lady how I was going to pay for my health insurance if I wasn't being scheduled to work. She went to another office and came back in a couple of minutes and said that because I had a pre-existing injury, (not true) they had decided to terminate me. Well, they did "term" me. Do I have a retaliatory discharge / wrongful termination case against them? I had been employed almost 5 months with the company which has over 1,700 employees and does $2.4 billion in sales every year. The company initially denied my WC claim, but I had the TN Dept. of Labor help me and the company is now paying me TTD, as I have had surgery on my shoulder and am looking at another surgery, because the partial tear in my rotator cuff has not healed. I have no strength in my arm and cannot lift over 17 pounds without pain. Will the insurance company offer me a settlement not to go to trial with ret. discharge?