If I lose my job, can I reopen my case?

If you were injured before July 1, 2014 and you subsequently lose your job through no fault of your own you may have the right to re-open your workers compensation case.  Below we have set forth the factor that must exist to have the right for reconsideration.  However, to be certain of your rights we suggest you contact our office today for a free case review. 

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THE BASIC REQUIREMENTS TO RE-OPEN A TN WORK COMP CASE:

  • You had a workers compensation injury that occurred before July 1, 2014.
  • At the time of settlement you had returned to the same employer at an equal or greater rate or pay.
  • You subsequently lost your job through no fault of your own.
  • If you had an injury to a scheduled member (i.e. arm, leg) and it has been less than 200 weeks since you returned to work from your original injury OR if you had an injury to non-scheduled member (i.e. back, shoulder, brain) it has been less than 400 weeks since you had returned to work as a result of your original injury.
  • It has been less than one year since you lost your job.

If you just are not sure if you have a claim please give us a call. Our lawyers have handled hundreds of these cases so we can usually tell if you have a right to reconsideration very quickly.  

THE PURPOSE OF THE RIGHT TO RECONSIDERATION

The purpose of a right to reconsideration is to encourage employers to get the injured employee back to work.  Specifically, by doing so the employer will have to pay less for the original workers compensation settlement.  Also, the employee gets the benefit of having a job.  However, the legislature was smart enough to realize that some less scrupulous employers may bring an employee back to work just temporarily to get the cap so the escape clause of reconsideration was placed in the act. The legislature also knew that events impacting employment could arise that just couldn't be foreseen at the time of settlement like downturns in the economy or the worsening of an original injury.

INJURIES THAT OCCUR AFTER JULY 1, 2014

Injuries that occur after July 1, 2014 don't have the same incentive for the employer to return you to work.  Instead the value of the cases are calculated based upon several factors and one of those factors are whether or not the employee is earning a wage equal to 70% of his pre-injury wage.  Often there will be an original settlement and after a certain period of time if the employer is not earning this wage they may be entitled to another payment for their permanent disability.  These calculations can be confusing so please feel free to call one of our Tennessee Work Comp Attorneys to discuss any questions you may have.  You can contact us online or give us a call at 800-705-2121800-705-2121 FREE to see if we can help you get your situation reevaluated for more payments.

Contact us online or call us at 800-705-2121800-705-2121 FREE.