Tennessee Employer’s “Notice Defenses” to a Workers’ Compensation Claim
In two previous articles, I have discussed how an employee’s misrepresentation of a physical condition or willful misconduct can operate to bar his or her otherwise valid workers’ compensation claim in Tennessee. In this article, the “notice defense” is discussed.
Under Tenn. Code Ann. § 50-6-201(a), workers’ compensation claims are barred unless:
- the employer has actual notice of an accidental injury, or
- the employer receives written notice within thirty days after the occurrence of the accident, or
- the employee has reasonable excuse for failing to provide such notice.
Actual Notice - Oral notice to a manager or supervisor is sufficient to constitute actual notice of an injury to the employer. For example, in the case Hotel Claridge, an employee sustained an injury to his leg when a board fell from scaffolding. He later went to lunch and shared news of his injury with the chief engineer without ever reporting the injury to an HR representative. The employer argued that proper notice was not provided, but the court disagreed stating that because the chief engineer had “charge of all the laborer employees of the hotel,…notice to him was notice to the employer.”
Written Notice - According to Tenn. Code Ann. §50-6-202, written notice must state the name and address of the employee, the time, place, and nature and cause of the accident, and must be signed by the employee. However, a subsection of this provision says that no defect or inaccuracy in the notice shall bar compensation, unless the employer can show that it was somehow prejudiced by the failure to give the proper notice.
Reasonable Excuse - Basically, the 30-day window to provide notice of a work-related injury in Tennessee does not start until the employee has knowledge of the nature and seriousness of the injury. Courts often find that an employee does not have knowledge of the nature and seriousness of the injury until his or her doctor informs the employee as such.
If your workers’ compensation claim has been denied based on an alleged failure to give adequate notice, you will want a skilled Knoxville workers’ compensation attorney who can help you prove that either 1) actual notice was provided, 2) you had a reasonable excuse for failing to provide notice, or 3) that the employer was not prejudiced by your failure to provide notice.
Let us hear your side of the story. Call 866-853-2888 to speak with a Tennessee personal injury lawyer.
