QUESTION

Can I sue my employer for injuries sustained on the job , if I am being paid off the books in TN?

Asked on Sep 05th, 2018 on Civil Litigation - Tennessee
More details to this question:
I work off the books as a receptionist in a nail salon in North east TN. About a month ago now, I assisted a client who was wheel chair bound, by lifting her out of her wheel chair and into a pedicure chair. The client who was an amputee, weighed in my estimation at least 150 pounds. I’ve had previous cervical and lumbar spinal fusions(2014 and 2016). Lifting the client and having to step up onto the pedicure chair platform, I lost my balance as a sharp pain shot through my neck and left arm. I managed to get the client into the pedicure chair, but was in great pain after, yet continued to work that day and the days to follow in great pain. I couldn’t Lift my left arm for at least 3 weeks, continuous, painful muscle spasms, and bulging disk in my neck. With no health insurance I couldn’t go to the doctor, so I worked. My colleagues knew of my situation and my boss, the owner of the shop, knew of my situation and only said no more lifting clients, not your job.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I don't think working off the books would preclude your suit, but workers' compensation laws might.  I do not know what the workers' compensation system in Tennessee provides, but in many states it would preclude an employee from suing an employer for any work-related injury - the employee would have to go through the workers' compensation system.
Answered on Sep 05th, 2018 at 2:33 PM

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