Suffering a workplace injury is stressful enough without worrying about job security. If you’ve filed a workers’ compensation claim in Tennessee, you might be asking:
❓ Can my employer fire me while I’m on workers’ comp?
❓ What happens if I lose my job during my recovery?
❓ Do I have any legal protections against wrongful termination?
These are valid concerns; understanding your employment rights can help you protect yourself. This guide’ll break down Tennessee workers’ compensation laws, job protections, and what to do if you’re fired while receiving benefits.
Tennessee Workers’ Compensation and At-Will Employment
Tennessee is an at-will employment state. This means that, in most cases, your employer can terminate your employment **at any time and for any reason—**or no reason at all. However, there are important legal protections in place for injured workers.
Filing a workers’ compensation claim does not allow your employer to fire you in retaliation. Tennessee law prohibits employers from terminating or discriminating against employees solely for seeking workers’ compensation benefits.
That said, there are certain situations where an employer may legally terminate an injured worker, which we’ll discuss below.
Job Security After a Work Injury: What You Need to Know
Understanding Tennessee's employment laws is crucial when navigating a work injury and workers' compensation claim. These laws can feel complex, but they exist to protect your rights as an employee. Here's a breakdown of key points to help you navigate this situation:
At Will Employment and Workers’ Comp
Tennessee is an "at-will" employment state. This means both you and your employer can terminate the employment relationship at any time, with or without reason, unless a contract specifies otherwise. This can be concerning after a work injury, especially if you're worried about financial security during recovery. However, there are important exceptions to this rule that protect your rights. Employers cannot fire you in retaliation for filing a workers' compensation claim or exercising your rights under the law. This ensures you can seek the compensation you deserve without fear of losing your job.
Exceptions and Protections in Tennessee
Tennessee law protects employees from termination based solely on a workers' compensation claim. If your employer fires you after you file a claim, you may have grounds for a wrongful termination lawsuit. This protection is essential, as recovering from a work injury can take time, and financial security is crucial during this period.
Here are some signs that your termination might be illegal retaliation:
- You were fired shortly after filing a workers' compensation claim. A short time frame between the claim and termination can be a strong indicator of retaliation.
- Your employer has made negative comments about your workers' comp claim. If your employer has expressed frustration or disapproval of your claim, it could be evidence of retaliation.
- Other employees with similar performance haven't been fired. If colleagues with comparable performance haven't been terminated, it raises suspicion about the reason for your dismissal.
What Happens If You’re Fired While on Workers’ Comp?
Losing your job while recovering from a work-related injury can be devastating. However, your workers’ compensation benefits do not automatically stop just because you were fired.
Your Rights After Termination
🔹 Medical Benefits Continue – Your employer’s workers’ compensation insurance must continue paying for necessary medical treatments related to your injury.
🔹 Temporary Disability Benefits Continue – If you receive wage replacement benefits (temporary total or partial disability), you may continue receiving them until your doctor clears you for work or you reach maximum medical improvement (MMI).
🔹 Vocational Rehabilitation – If you cannot return to your previous job due to permanent restrictions, you may qualify for vocational training or job placement assistance through Tennessee’s workers’ comp programs.
If your employer tries to cut off your benefits after firing you, this could be an illegal denial of benefits, and you should contact an attorney immediately.
Can You Be Fired While on Workers’ Comp in Tennessee?
Legal vs. Illegal Termination
While your employer cannot fire you simply for filing a workers’ comp claim, they can still terminate you for legitimate business reasons. Below is a breakdown of when termination is legal and when it may be illegal (wrongful termination).
✅ Legal Termination (Allowed by Law)
- Company-wide layoffs or downsizing – If your employer is eliminating jobs due to financial hardship, restructuring, or automation, your termination may be justified.
- Inability to perform essential job duties – If your injury prevents you from returning to work and reasonable accommodations can’t be made, your employer may have legal grounds to terminate.
- Violation of company policies – If you are fired for reasons unrelated to your injury, such as attendance violations, misconduct, or failure to comply with workplace rules, the termination is likely lawful.
🚨 Illegal Termination (Wrongful Termination)
- Retaliation for filing a workers’ comp claim – Employers cannot fire you simply because you applied for or are receiving workers’ comp benefits.
- Employer hostility toward your claim – If your employer has expressed frustration about your claim or pressured you to return before you’re medically ready, this could indicate wrongful termination.
- Being singled out unfairly – If other employees with similar work performance or disciplinary records were not fired, but you were after filing a claim, you may have a case for workers’ comp retaliation.
💡 Key Takeaway:
If your employer fired you shortly after filing for workers’ compensation, and the reason seems suspicious, consult a workers’ compensation attorney to review your legal options.
Signs of Wrongful Termination After Filing for Workers’ Compensation
If you were fired soon after filing a workers’ compensation claim, it’s important to consider whether your employer’s reasoning was genuine or retaliatory. Here are some warning signs of wrongful termination:
🚩 Sudden negative performance reviews – If you previously had good performance reviews but were fired for “poor performance” shortly after filing a claim, this could be retaliation.
🚩 Negative comments about your injury – Did your employer express frustration about your claim or suggest you should work through the pain?
🚩 Being replaced immediately – If your employer hired someone else for your position right after firing you, this could indicate your termination was not for legitimate business reasons.
🚩 Different treatment compared to other employees – If other employees with similar situations were not fired, but you were, this could be evidence of wrongful termination.
If you recognize one or more of these red flags, you should speak to a workers’ compensation lawyer to determine whether your firing was legal.
Steps to Take If You Were Fired While on Workers’ Comp in Tennessee
If you suspect you were wrongfully terminated while on workers’ comp, follow these steps:
1️⃣ Document Everything – Save emails, messages, termination notices, and any statements from your employer regarding your injury or claim.
2️⃣ Consult a Workers’ Comp Lawyer – An attorney can evaluate your case, determine if you have grounds for a wrongful termination lawsuit, and guide you on the next steps.
3️⃣ File a Complaint – You may file a retaliation claim with the Tennessee Bureau of Workers’ Compensation or the Equal Employment Opportunity Commission (EEOC).
4️⃣ Continue Seeking Medical Treatment – Even if you were fired, you still have the right to workers’ comp benefits for your injury-related medical expenses and lost wages.
5️⃣ Explore Vocational Training – If you can’t return to your previous job, you may qualify for vocational rehabilitation benefits to help you find new employment.
Work Sucks, We Know: Don’t Let Workers’ Comp Worries Get You Down
If you've been injured on the job in Tennessee, focusing on your recovery is absolutely the most important thing. A work injury can disrupt your life in many ways, and getting the medical attention you need should be your top priority. Workers' compensation benefits are designed to help ease the financial burden during this time. Workers' comp can cover medical expenses, lost wages, and other costs associated with your injury, such as physical therapy or medication. This financial assistance allows you to focus on healing without the added stress of worrying about how to pay your bills.
Contact Aubrey Givens & Associates, PLLC
If you’re worried about job security while on workers’ comp in Tennessee, don’t wait until it’s too late to protect your rights. Whether you’ve already been terminated or fear losing your job, Aubrey Givens & Associates, PLLC, is here to help.
📞 Call Us Today for a Free, Confidential Consultation – Our Tennessee workers’ compensation attorneys will review your case, explain your rights, and help you fight for the benefits you deserve.✅ Protect your job. Protect your benefits. Protect your future.
Frequently Asked Questions
What happens if I get fired while on workers' comp in Tennessee?
If you’re fired while on workers’ comp in Tennessee, you may still receive benefits, but proving wrongful termination can be challenging. Employers must show a legitimate reason for termination unrelated to your claim.
Does my employer have to hold my job while on workers' comp in TN?
Tennessee law does not require employers to hold your job while you're on workers' comp, but they cannot fire you in retaliation for filing a claim. Some employers may provide job protection through company policies or the FMLA.
Can I quit my job while on workers' comp in TN?
Yes, you can quit while receiving workers' comp in Tennessee, but it may impact certain benefits, such as wage replacement. Your medical benefits should continue if the injury is work-related.
How does Workman's Comp work in Tennessee?
Tennessee workers' comp covers medical expenses, lost wages, and rehabilitation for job-related injuries. Employees must report injuries promptly and follow medical guidelines to qualify for benefits.
