What should you do if injured at work:

In my workers compensation practice, I have found many employers play upon the injured worker’s ignorance of their rights.  I continually contend with injured clients who provided notification to their immediate supervisor of an injury who failed to provide the First Report of Work Injury on Form C-20 required by the state.  If you find that your employer continues to fail to comply with this requirement then you must hire an attorney immediately.

What should you do if injured at work?

An injured employee should immediately report any work-related accident, injury or illness to their employer.  Employer notification, preferably in writing, is required by law within 30 days of the date of injury or when a physician first tells the employee that his/her injury is work related.  Employers covered by the Tennessee Workers’ Compensation Act must submit all known or reported injuries or illnesses to their insurer on Tennessee Employer’s First Report of Work Injury or Illness (Form C-20) within one (1) working day of knowledge of the injury or illness.  Insurance carriers and self-insured employers must file a Form C-20 with the Division through Electronic Data Interchange (EDI) as soon as possible, but not later than fourteen (14) days after knowledge of the injury or illness.

Can an employee be fired for reporting a work injury?

No.  It is unlawful for an employer to terminate an employee for reporting a work injury.  Wrongful termination is not addressed under Tennessee Workers’ Compensation Law.  The employee may wish to consult an attorney to pursue this cause of action through the court system.  If the filing of a workers compensation claim is a “substantial” factor in the employer’s decision to terminate your employment, then you have a cause of action for retaliatory discharge.  Often such cases are proven by a pattern of hiring and termination practices such as terminating a number of employees who all coincidentally filed a workers compensation claim and their position or job duties was not outside of their job restrictions.  You have a statute of limitations of one year for such a cause of action.