Rochelle, McCulloch & Aulds, PLLC
Rochelle, McCulloch & Aulds, PLLC

Tennessee Injured Workers- Federal Court Says Employers Do Not Have To Follow The 30 Day Notice Law

Tennessee Injured Workers- Federal Court Says Employers Do Not Have To Follow The 30 Day Notice Law

A recent decision by the Sixth Circuit in Geronimo v. Caterpillar, Inc. states a Tennessee employer may be afforded the right to circumvent state law.

If you are injured on the job, then Tennessee law found at Tenn. Code Ann. § 50-6-201, allows an injured party to file a claim for worker’s [sic] compensation benefits as long as that party gives notice to the employer within thirty days of the injury.  That is the law in this state and it has been for a long time.

(Click Here for free access to the entire Tennessee Workers’ Compensation Statute).

However in the Geronimo case the Sixth Circuit has held that “…although the statute permits an employee to provide notice within thirty days for the purpose of obtaining workers’ compensation, it does not expressly prohibit or establish a public policy prohibiting an employer from imposing separate notice requirements for workplace injuries.”

(Click Here to read the entire opinion and Click Here for summary).

There are many aspects to this opinion, but this is the one that causes the most concern.  The fear is that employers looking to escape responsibility will use this language to implement internal policies that are in violation of the Tennessee Workers’ Compensation Statute.   This opens the door for employers to attempt violating rights afforded to Tennessee workers under state law. The same rights that are being limited each year by state representatives.

Tennessee injured workers need help now more than ever!  If you have been injured on the job in Davidson, Wilson, Trousdale, Sumner, Macon, Smith, Jackson, White, Clay, Putnam, Franklin, Coffee, Cumberland, DeKalb, Warren, Montgomery, Cheatham, Williamson or Van Buren counties and you have questions about your rights contact Jason G. Denton at (615) 443-8784 or Click Here for additional contact information.

Jason G. Denton
Member
Phone: 615.443.8772
This entry was posted on Thursday, November 10th, 2011 at 8:21 am and is filed under Updates. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.



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