Amends TCA Title 29; Title 50, Chapter 1 and Title 50, Chapter 6.
This bill makes it a compensable claim under the Workers' Compensation Law, if: (1) An employee receives medical treatment solely due to an employer mandate to do so as a condition of continued employment and is injured as a result of the medical treatment obtained due to the employer's mandate; or (2) An employer misstates that the medical treatment is 100 percent effective at preventing a person from contracting COVID-19, the employee gets the medical treatment solely based on the employer's misstatement, and the employee is injured as a result of the medical treatment. This bill requires the administrator of the bureau of workers' compensation to expedite a claim brought pursuant to this section by giving cases under this section priority over all other cases. This bill also creates a private cause of action for an employee against an employer if: (1) The employee receives medical treatment solely due to an employer mandate to do so as a condition of continued employment, and is injured as a result of the medical treatment obtained due to the employer's mandate, including due to care provided by a person or healthcare provider permitted on the employer's premises by the employer for purposes of administering the medical treatment; or (2) An employer misstates that the medical treatment is 100 percent effective at preventing a person from contracting COVID-19, the employee gets the medical treatment solely based on the employer's misstatement, and the employee is injured as a result of the medical treatment, including due to care provided by a person or healthcare provider permitted on the employer's premises by the employer for purposes of administering the medical treatment. In the private right of action, an employee may recover court costs, reasonable attorneys' fees, and other fees deemed appropriate by a court of competent jurisdiction. For purposes of this bill, "employer" includes the state and its political subdivisions. This bill will take effect January 1, 2022.
This bill makes it a compensable claim under the Workers' Compensation Law, if: (1) An employee receives medical treatment solely due to an employer mandate to do so as a condition of continued employment and is injured as a result of the medical treatment obtained due to the employer's mandate; or (2) An employer misstates that the medical treatment is 100 percent effective at preventing a person from contracting COVID-19, the employee gets the medical treatment solely based on the employer's misstatement, and the employee is injured as a result of the medical treatment. This bill requires the administrator of the bureau of workers' compensation to expedite a claim brought pursuant to this section by giving cases under this section priority over all other cases. This bill also creates a private cause of action for an employee against an employer if: (1) The employee receives medical treatment solely due to an employer mandate to do so as a condition of continued employment, and is injured as a result of the medical treatment obtained due to the employer's mandate, including due to care provided by a person or healthcare provider permitted on the employer's premises by the employer for purposes of administering the medical treatment; or (2) An employer misstates that the medical treatment is 100 percent effective at preventing a person from contracting COVID-19, the employee gets the medical treatment solely based on the employer's misstatement, and the employee is injured as a result of the medical treatment, including due to care provided by a person or healthcare provider permitted on the employer's premises by the employer for purposes of administering the medical treatment. In the private right of action, an employee may recover court costs, reasonable attorneys' fees, and other fees deemed appropriate by a court of competent jurisdiction. For purposes of this bill, "employer" includes the state and its political subdivisions. This bill will take effect January 1, 2022.
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