Personal Injury Law

What is Reconsideration of a TN Work Comp Claim

In Tennessee, the compensation recoverable for a work comp permanent injury is limited if the employee is able to return to work at the same rate of pay. This provision under the Tennessee Workers Compensation Act is in place to get the employer incentive to get the employee back to work. Get the injured back to work and the injury will not costs you so much.

Unfortunately, some employers will return the employee to work just to take advantage of the cap and they will shortly thereafter terminate the employee. To keep this from happening the work comp act will allow a "reconsideration" of the workers compensation case. This allows the employee to re-open the case and litigate it again with the cap being removed. In general a case can be reopened if the employee losses their employment through no fault of their own within 200 or 400 weeks of the original injury (depending on the injury)

Full post as published by Tennessee Law Blog on February 21, 2011 (boomark / email).