Senate Bill 1981, also known as House Bill 2179, amends various sections of the Tennessee Code Annotated related to workers' compensation. A significant addition is the introduction of a new subsection (d) to Section 50-6-108, which allows for civil actions for damages in cases where an employee's death is caused by the gross negligence or criminal conduct of the employer or related parties. This provision enables the employee's personal representatives, dependents, or next of kin to pursue wrongful death claims while still receiving workers' compensation benefits, with stipulations for crediting any benefits received against civil recoveries. Additionally, the bill clarifies definitions for "criminal conduct" and "gross negligence" and maintains existing exceptions to exclusive remedy provisions.
The bill also makes several changes to the compensation percentages outlined in Section 50-6-207, increasing the percentage from sixty-six and two-thirds percent (66%) to seventy-five percent (75%) in multiple instances. It introduces new provisions regarding permanent total disability benefits, allowing employees to seek these benefits even after receiving an original award, and establishes a mechanism for increased benefits based on education and age. Furthermore, it modifies the penalties for wrongful denial of claims, increasing the penalty percentage from twenty percent (20%) to twenty-five percent (25%). Overall, the bill aims to enhance protections and benefits for injured workers while clarifying the legal framework surrounding workers' compensation claims.
Statutes affected: Introduced: 50-6-108, 50-6-112, 50-6-207(1)(A), 50-6-207, 50-6-207(2)(A), 50-6-207(2)(B), 50-6-207(3), 50-6-207(3)(A), 50-6-207(3)(B), 50-6-207(4)(A)(i), 50-6-207(4), 50-6-226(a)(1), 50-6-226, 50-6-226(d)(1)