Workers’ Compensation Retaliation

by mdp | May 24th, 2011

Employees Rights When Fired for Filing a Workers’ Compensation Claim

workerscompWere you fired after being injured on the job? If so, you need to talk to an attorney. Tennessee law recognizes a cause of action for retaliatory discharge when an employee is terminated for pursuing workers’ compensation benefits. If you can prove that your request for workers’ compensation benefits was the reason for your termination, you may be able to receive additional compensation for lost wages and benefits, emotional distress, embarrassment, pain and suffering and attorney’s fees. A Nashville personal injury lawyer can provide a free case review.

You May Qualify to Receive Punitive Damages

Additionally, if your employer acted in a manner that was malicious, reckless, fraudulent or intentional, then you may also be able to receive punitive damages. These are damages you may receive in addition to any compensation you are entitled to for your injuries under the Tennessee Workers’ Compensation Act.

You May Have a Workers’ Comp Retaliation Case If:

  • You may have a case if you were terminated shortly after you were injured on the job and requested benefits.
  • You may also have a case if your supervisor or members of management urged you not to file for workers’ compensation benefits or if they made derogatory remarks about you after you requested workers compensation benefits.
  • If you were threatened with disciplinary action or termination for reporting a workers’ compensation injury and subsequently lost your job, you may have a claim for retaliatory discharge.

Tennessee Workers’ Compensation Legal Services

After representing injured workers for years, we recognize that retaliation for filing workers’ compensation cases is still an ongoing problem in Tennessee. If you were terminated for seeking workers’ compensation benefits or being injured on the job contact our workers’ compensation attorneys to see if you are eligible for additional compensation.