Important Change to Tennessee Workers Compensation Law
The TN legislature made an important change to the Tennessee Workman’s Compensation Law. Specifically, compensation is limited in work comp cases if the employee returns to work with the pre-injury employer at the same rate of pay. However, the employee can re-open the case for more money if they lose their job within a certain amount of time from the settlement. To do so, you must file the claim for reconsideration within one year after the loss of employment. Unfortunately, our Court ruled that if the employer sells the business the one year time limit starts to run. This is true even if the employee continues to work for the new employer without any changes. This was very tricky because often employees do not even know a business has been sold or they never consider reopening a case because they are still at work making a good living. We would often have people call our office to reopen a case after a layoff or termination and they would have no idea that the time to file for reconsideration ran long ago because their company had traded hands in the past. Thankfully this problem has now been fixed.
To fix this problem the legislature has enacted the following law:
Reconsideration of a Prior Workers Compensation Claim
This law prohibits reconsideration of a prior permanent partial disability award/settlement pursuant to T.C.A. § 50-6-241 in those instances where the ownership of the employer and/or business changes but the employee continues to be employed by the successor business with the same or higher rate of pay or the employee declines an offer of employment with the same or higher rate of pay. This applies to workers compensation claims that occur on or after July 1, 2009.
If you have lost your job within the last year and had a prior workmen’s compensation claim please feel free to call our Tennessee Law Office to discuss your rights. We handle work comp claims across the state. You can call us at 800.705-2121.
Author Bio
Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.
Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.
