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  1. #1
    Join Date
    Mar 2007
    Posts
    1

    Default Injured in Tennessee

    I work for a company in nashville who contracted me to a company in memphis. This past december I injured my neck picking up a laptop/toolbag. I initialy thought I had pulled a muscle and went to my normal doctor I informed him that I had injured my self on the job but he went ahead and billed my regular insurance carrier. I have since established the workers comp claim. I was sent for an MRI the mri revealed bone spures in at c3 c5 and c7 with the largest one at c7 apparently sitting on the nerve causes me severe pain anterior and posterior as well as left side weekness and numbness as well as pain under left shoulder blade. I went to a nuerosurgeon and he sent me to a pain clinic. I received two nerveblocks with out any relief. I was put on lite duty at the company in memphis but have had to take off repeatedly due to doctors visits, nerve block procedures and just plain being in to much pain to work. I have been on various pain killers the whole time as well
    Now the company in memphis I was contracted to has laid me off. What am I to due now? the company I actualy work for in nashville only pays me for the hours I work for the company in memphis. the Pain clinic I have been going to has told me I need surgery. What am I supposed to due I AM BEING LAID OFF, I CANT PERFORM THE TYPE WORK I AM TRAINED TO DUE AT LEAST UNTIL SURGERY AND NOT SURE THEN. I AM NOW TRYING TO FIND A GOOD LAWYER IN MEMPHIS TO REPRESENT ME BUT I AM GOING BROKE IN THE MEANTIME. Has any one run into this type scenario before I can use all the advise I can get PLEASE HELP!!!!!!!!!!!

  2. #2
    Join Date
    Mar 2007
    Posts
    24

    Default Re: Injured in Tennessee

    From what I understand about this screwed up TN W/C laws, they cannot lay you off if you are under Drs. care from W/C. They have to pay you 66 and 2/3 of your pay from the last 52 weeks as an average. You need a lawyer, most will take your case, and not charge until you get paid for compensation. I didnt think I needed one until i relized they were shorting me for everything they could.

  3. #3
    Join Date
    Mar 2007
    Posts
    67

    Default Re: Injured in Tennessee

    loseing dont take the first one you talk to inteview them or get input from other IW on their lawyers and whther they are happy with them!

  4. #4
    Join Date
    Mar 2007
    Posts
    24

    Default Re: Injured in Tennessee

    this guy has a pretty good review. He was the second i talked too. The one I have now has been doing this for 22 years.

  5. #5
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: Injured in Tennessee

    I used to practice workers' compensation law in Memphis, and know several excellent workers' compensation attorneys in the area that may be able to assist you. The Dept. of Labor in Memphis is pretty friendly to injured employees claims, and the local courts are for the most part not bad, with a few exceptions; you at least have a fighting chance in the legal system there (even though the law is pretty bad).

    BTW, you CAN get laid off or fired while you are receiving workers' compensation benefits/medical treatment, etc. However, if you believe you were laid off/fired BECAUSE of your workers' compensation claim, then you may have a right to sue the employer for Retaliatory Discharge. That would be a completely separate, though obviously related, case.

  6. #6
    Join Date
    Jun 2007
    Posts
    2

    Default Re: Injured in Tennessee

    Quote Quoting JLJ View Post
    I used to practice workers' compensation law in Memphis, and know several excellent workers' compensation attorneys in the area that may be able to assist you. The Dept. of Labor in Memphis is pretty friendly to injured employees claims, and the local courts are for the most part not bad, with a few exceptions; you at least have a fighting chance in the legal system there (even though the law is pretty bad).

    BTW, you CAN get laid off or fired while you are receiving workers' compensation benefits/medical treatment, etc. However, if you believe you were laid off/fired BECAUSE of your workers' compensation claim, then you may have a right to sue the employer for Retaliatory Discharge. That would be a completely separate, though obviously related, case.
    Would would a person go about suing the employer for Retaliatory Discharge? Or, how would a person go about proving it?

  7. #7
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: Injured in Tennessee

    Well, sometimes a lawyer that handles workers' comp cases for employees also will handle an employment law case like a retaliatory discharge, since they're both related. However, you might need an employment/labor law attorney.

    Proving it would really depend on the facts that can be shown that tied your termination to the filing of the WC claim. Tennessee is an employment at-will state, meaning unless you had an employment contract, the employer can fire you at any time for just about any reason.

    If you are a member of a protected class and were discriminated against, or your firing was in response to your filing of a WC claim, then you have the right to sue. Of course, it doesn't mean that you'll win, and I'd suggest you simply gather all the information you know about your case, and set up an appointment with an attorney for that purpose.

    If you'd like to PM me, I'll send you some contact info for a colleague of mine from Memphis who may be able to help you. Otherwise, I'd suggest contacting the Memphis Bar Association for a referral to a lawyer. You don't have to hire the first lawyer you meet. Find one you like, feel you can trust, and then go with him/her. If you've got a case, an attorney will take it for you on a contingency fee (no fee unless you get a recovery of money).

    Good luck.

  8. #8
    Join Date
    Nov 2008
    Posts
    2

    Default Re: Injured in Tennessee

    Know any lawyers in the Murfreesboro area that handle work comp and have good reps?

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Injured in Tennessee

    pauline, this thread initiated in 2007...

    For information on AA's in your area you can begin here...http://www.workerscompensationinsura.../tennessee.htm, bottom of the page...

    Or your state bar...(the AA bar..not the 'corner' one...though that would no doubt be a help too...)

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