The employer of an injured construction worker may be facing financial penalties after he denied workers compensation benefits to the claimant, whom he claimed was an independent contractor, the Tennessee Court of Workers’ Compensation Claims ruled Thursday.
Gregory Parke requested medical and temporary disability benefits for injuries he suffered while working for Michael Bergeron, owner of MB Construction, in July 2023.
Mr. Parke, who cut his hand with a razor knife, an injury that later turned into septic arthritis requiring surgery, said Mr. Bergeron did not provide workers comp benefits, leaving Mr. Parke on the hook for out-of-pocket medical treatment costs.
The workers comp court found that Mr. Parke is likely to prove at a hearing that he was an employee of Mr. Bergeron’s, and that he was injured out of and in the course of employment.
The court also found that Mr. Parke worked for an uninsured employer, since Mr. Bergeron didn’t have a workers comp insurance policy.
In addition to reimbursement for past medical expenses, the court found that Mr. Parke is entitled to temporary disability benefits and attorneys fees.
The court also referred the matter to a compliance program to determine whether financial penalties should be levied against Mr. Bergeron for failing to timely provide medical treatment to his employee.
The court also said Mr. Parke is eligible to request benefits from the state’s Uninsured Employers Fund.