Tennessee Worker's Compensation - Help For Injured Tennessee Workers

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  1. #1
    Join Date
    Jul 2008
    Posts
    30

    Default MMI and Return To Work With No Job

    What if the employee can no longer do his or her regular job and must take a lower paying job once released to return to work? I will be declared MMI in a couple of weeks, but will have no job to return to, because they fired me for "on the job injury". I'm expecting a small impairment rating, but I will not be physically able to drive a semi and deliver restaurant supplies anymore. (Have had two surgeries on same shoulder). Will have to look for a sedentary job with weight-lifting restrictions.

    Will I receive TPD or PPD? My claim is in Tennessee.

    Thanks for any info!

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: MMI and Return To Work With No Job

    Here is what the TN laws provide where the EE/IW has lost their job...http://www.state.tn.us/labor-wfd/lsques.html#B
    Reconsideration of a Permanent Partial Disability settlement

    Workers’ compensation law places a cap on permanent partial disability awards when an employee returns to work at the same or greater rate of pay as before the compensable injury. For injuries to a scheduled member rated 200 weeks or more, in the event an employee loses their job within those weeks [following the date the injured employee returned to work], the employee may be entitled to a reconsideration of the permanent partial disability settlement. The job loss must be due to factors other than Employee quitting or being fired for cause. For example, if an employee loses their job due to a lay-off, the employee may be entitled to reconsideration. Contact the Tennessee Department of Labor Workforce Development's Workers' Compensation Division
    Additional benefits are going to depend on your rating, and whether you are able to request a reconsideration.
    If your PD indemnity..PPD, is less than the 200 weeks, it doesn't appear you will be eligible for a recon.

    ...will have no job to return to, because they fired me for "on the job injury".
    While WC doesn't provide for job protection, the laws do protect you from termination for filing a WC claim, or for suffering the injury itself.
    You may have recourse for the termination under ADA/EEOC laws...http://www.eeoc.gov/charge/overview_charge_filing.html.
    Read through the information at that link, you can file on line if you like.

  3. #3
    Join Date
    Jan 2009
    Location
    tn
    Posts
    92

    Default Re: MMI and Return To Work With No Job

    Quote Quoting maccadave View Post
    What if the employee can no longer do his or her regular job and must take a lower paying job once released to return to work? I will be declared MMI in a couple of weeks, but will have no job to return to, because they fired me for "on the job injury". I'm expecting a small impairment rating, but I will not be physically able to drive a semi and deliver restaurant supplies anymore. (Have had two surgeries on same shoulder). Will have to look for a sedentary job with weight-lifting restrictions.

    Will I receive TPD or PPD? My claim is in Tennessee.

    Thanks for any info!
    from the way your post reads...

    you canot return to the same job due to not being able to physically do the duties you performed before the injury. if this is right than you were not fired because you had a work injury, but because the injury will leave you unable to do the job tasks. this will be figured in on the settlement you recieve. am also from tennessee, and drive a truck. there are driving jobs you can perform. i dont know the class of your licence but a class b will get you driving a concrete mixer job. its less physically demanding. dont know if this info helps any. i know when i had my injury the main thing i thought about was driving is how i make money, and not being able to do so would have been a big blow. anyway... if i can help with other info let me know.

  4. #4
    Join Date
    Jul 2008
    Posts
    30

    Default Re: MMI and Return To Work With No Job

    thanks for chiming in. i've got a class A cdl. my former company fired me because they didn't want their work comp insurance premiums going up. they did not even initiate the claim when i hurt myself. i paid for the doctor visits out of my own pocket. i just want to be fairly compensated and i wish this had never happened.

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