Personal Injury Law

Recent Tennessee Workers Comp Trial

http://www.hhpfirm.com/lawyer-attorney-1053037.htmlLast week a had a workmen's compensation trial in Nashville, TN. The issue was whether or not my client was an employee or independent contractor. Unfortunately this is an issue that i am seeing more often throughout Tennessee.

The basics of my case involved a worker who was employed as a cleaning lady. She was told by her boss where to be, what to do and how to do it. Her employer had significant control over the working relationship. However, when my client began working for the company they had her sign several papers including a paper that said she was an independent contractor. My client had no idea that by signing this paper she was potentially giving up rights to overtime pay, workers compensation benefits and other employment benefits. Subsequently she fell from a ladder at work and sustained a fractured leg which required extensive surgery. Her benefits were denied under the TN work comp system and she was left with thousands of dollars in medical bills and no pay to support her family. This was all denied because she signed the independent contractor agreement.

Fortunately at trial we were able to prove that just because the employer calls you an "independent contractor" it doesn't mean that you are one. The law allows the court to view the working relationship as a whole. After doing so in our case the court agreed that my client was an employee and she was able to get all her benefits. It is just unfortunate that she had to go through this entire situation because her employer attempted to escape the work compensation system.

Full post as published by Tennessee Law Blog on November 02, 2009 (boomark / email).