Every employee has the right to file for workers’ compensation after a work-related accident. Tennessee’s workers’ comp system provides no-fault benefits after almost any kind of accident or injury that happens on the job. An injured employee has the right to file insurance benefits without fear of losing their job or facing another kind of retaliation. Should their employer retaliate against them for filing a claim under its workers’ comp insurance policy, the employer could have grounds for another case against their boss. A great Winchester vehicle accident lawyer will help the employee get greater compensation. The lawyer will conduct detailed investigations to gather evidence of retaliation against their clients and present this evidence to juries to argue for their client’s rights.
Can an Injured Employee be Fired?
In Tennessee, it is not legal to terminate a person’s employment for filing workers’ comp. Also, it is unlawful to fire an employee for reporting a workplace safety or health hazard. When an employer fires an employee under these circumstances, they could face a wrongful termination complaint, which could make the employee in question eligible for damage recovery through the civil justice system. The employee could get compensation for lost wages, lost opportunities to earn, back pay, legal fees, pain and suffering, and more.
Does an Injured Employee Have the Right to Quit?
An injured employee has the right to quit their job after suffering a work-related injury. If they get workers’ comp as an injured worker, this won’t lack them into a job. And their previous employer may still own workers’ comp even after they quit.
However, injured workers should think twice before they quit. They could be eligible for greater compensation if they keep their job. Insurance companies will divide compensation awards into medical benefits and indemnity. Indemnity is the compensation for the amount of missed work. By keeping their employment, the worker’s employer will continue to owe them missed wages until they recover and can return to work. If they quit and take another job, they will have a reduced weekly check based on the pay they are making with the new job. Workers’ comp insurance companies will decrease the award amount based on the amount the worker makes.
Tennessee Retaliation Laws
Tennessee and federal law make it illegal for any company or individual to retaliate against a worker for exercising their employment rights. An experienced attorney can work with victims of retaliation to hold their employers accountable and receive compensation for their troubles.