What Pay Will I Receive If I Can't Work?
Under the Tennessee Workers Compensation Act if you are unable to work because of your job injury then you should receive a disability check while you are out of work. The check is based upon 66 and 2/3% of your average weekly pay. You must be out more than seven (7) days to receive the check. A common problem we see in truck cases is when there is a dispute as to whether or not the driver can perform light duty work. In particular, the trucking company will often demand the driver work light duty at a warehouse or terminal while living at a hotel. The department of labor is split in their rulings on whether or not the trucking company can do this. In some cases the department of labor has ruled they can require this light duty because long-haul truckers are away from home a majority of the time anyway so they don't see the difference in being away from home driving or working in the warehouse. In other cases the Department of Labor and Courts have ruled that it is not allowable because the job is either too far away from the employee's home so the driver can't return on reasonable basis or the work injury will not allow travel. It is really a case by case basis so if you are faced with this issue don’t just blindly turn down or accept the light duty offer. If you are facing this dilemma it is important to speak with experienced counsel before accepting or rejecting the light duty employment. Feel free to contact The Higgins Firm to discuss this or any other injuries.