Legal Question in Personal Injury in Tennessee

Job elimination

In October of 07 my wife was hanging a banner at the bank where she is manager. The aluminum ladder she was on twisted and caused her to fall several feet, hiting a table before landing on her back.

She begin having numbness in her hands and arms and pain in upper back, neck area.

A doctor informed her that she had a bulging disk. After physical therapy and nerve blocks didnt work the doctor said she needed surgery. The neurosurgeon wanted to install an artificial disk because she already had a fusion next to the injured disk.

After months of dealing with workers comp, it was declined and another spinal fusion was done in November of 08.

She has been taking physical therapy and would probably be released to return to work this Monday, the 26th.

Today, HR from her bank called to inform her that she was no longer employed, her job had been eliminated.

She has been on medical leave since March of 08.

This injury was caused by faulty equipment furnished by the bank and was not in anyway caused by unsafe ladder use by my wife. There are witnesses that will attest to this.

Do we have any legal recourse in this matter?


Asked on 1/20/09, 1:30 pm

1 Answer from Attorneys

Marc Reisman Rosenblum & Reisman, P.C.

Re: Job elimination

You may very well have legal recouse in this matter. We would need to know some additional information including when the last payment was made by the employer's workers' compensation insurance. Please contact our office to discuss this. As for the termination of your wife's employment, we would need some more information to determine if you have a cause of action for that. If you would like to discuss this, please fee free to call 901.527.9600 There are very strict filing deadlines and you need to speak to an attorney to learn about that. Please understand we can not give legal advice on this forum and that is why it is suggested that you contact qualified legal counsel to discuss this further.

Best of luck.

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Answered on 1/20/09, 3:08 pm


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