Workers’ Compensation Benefits Retaliation

Firm Advocacy When Employers Retaliate against Workers Who Collect Workers’ Compensation in Tennessee

Holding Tennessee and other regional employers accountable when they penalize employees for exercising their work injury rights in Nashville, Chattanooga, Memphis, and Jackson and beyond

Workers in Tennessee are entitled to have their medical expenses paid and two-thirds of their lost wages paid if they have a work-related accident or suffer an occupational illness. Fault is not a factor. Employers are generally required to have insurance to pay for these benefits or to self-fund these benefits. Employers cannot punish workers who assert their right to all of their Tennessee workers’ compensation benefits.

Unfortunately, many employers and insurance companies try to avoid responsibility by finding fault with the employee. At Gilbert McWherter Scott Bobbitt PLC, we know the tactics and strategies employers use to force the employee back to work, to avoid paying wages and medical bills, and to penalize the worker. Injured workers have the right to get healthy. They have the right to return to work only when they are well enough to do the work. Our Tennessee workers’ compensation retaliation lawyers make sure employers meet their obligations to employees and do not punish employees who assert their rights.

Workers’ compensation retaliation strategies

Employers often try to terminate a worker’s right to benefits by claiming the employee is ready to return to work or return to work with restrictions. They often try to assert that a disability is only temporary. When employers do not abide by Tennessee workers’ compensation rules, they deserve to be held accountable. Some of the tactics employers use that can be considered workers’ compensation retaliation include:

  • Refusing to provide a panel of doctors who can treat the employee’s injuries
  • Claiming that the injury predated the work accident or that the injuries were not work-related
  • Asserting that the worker was just an independent contractor and not an employee
  • Arguing a technicality, such as that the worker did not properly report the accident
  • Using over-aggressive case managers
  • Not adhering to doctor’s work restrictions
  • Failing to offer available light duty work
  • Refusing to return the worker to the same job or a similar job
  • Threatening the employee with termination
  • Assigning humiliating work
  • Making the worker do tasks the employer knows he or she cannot perform
  • Invading the worker’s doctor/patient relationship
  • Giving an inflexible amount of leave time
  • Terminating a job on a pre-textual ground

How our firm holds Tennessee employers accountable

Our firm contests any effort of an employer to punish workers for asserting their rights to get health, to return to work only when ready, and to get their full amount of lost wage compensation. Our Tennessee workers’ compensation retaliation attorneys bring lawsuits against employers who retaliate against injured workers. The Gilbert Firm also brings discrimination claims if the injured worker is being punished due to race, religion, sex, gender identity, color, age, or national origin.

Employers cannot retaliate against injured workers. Our firm holds employers liable.

The Gilbert Firm fights for injured workers in Nashville, Chattanooga, Memphis, Jackson, and across Tennessee. We aggressively fight to hold the employer accountable and to get you the right employment status and all the work benefits you deserve. To review your case with an experienced Tennessee workers’ compensation retaliation attorney, please call 888.996.9731 or complete our contact form.

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Gilbert McWherter Scott Bobbitt PLC and its attorneys do not maintain a bona fide office in the state of Kentucky, and do not maintain a bona fide office within the area code listed. Bona fide offices are located in Jackson and Franklin, TN.
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